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LIQUOR CONTROL ACT 1988 - SECT 122

LIQUOR CONTROL ACT 1988 - SECT 122

122 .         Regulated premises, offences as to juveniles

        (1)         For the purpose of this Act premises which are not licensed premises but which are of any of the kinds following are deemed to be regulated premises —

            (a)         any area which —

                  (i)         is adjacent to, and is habitually used in conjunction with, licensed premises; and

                  (ii)         is managed, or is reasonably capable of being supervised by, the licensee;

                and

            (b)         any place to which a permit applies, or other premises on which liquor may lawfully be supplied; and

            (c)         any premises in a building or covered enclosure which are from time to time let or hired to the public or to which the public is admitted, whether or not on payment, where —

                  (i)         amusements are provided; or

                  (ii)         entertainment or refreshment is available at a charge; or

                  (iii)         the premises are otherwise used for the purpose of financial gain;

                and

            (d)         any premises where foods, light refreshments or non-intoxicating drinks are ordinarily sold or served to the public, for consumption on the premises; and

            (e)         any premises occupied by a club in respect of which a licence is not in force; and

            (f)         any premises prescribed for the purposes of this section; and

            (g)         for the purpose only of the prohibition of the sale or supply to, or the prohibition of the purchase or obtaining by, a juvenile of liquor but not otherwise — any road open to or used by the public, including any footpath or reservation adjoining the road, and vehicle on or adjacent to the road.

        (2)         Subject to this Act, a person who —

            (a)         sells or supplies, or permits the sale or supply of, liquor to; or

            (b)         permits the consumption or possession of liquor by,

                a juvenile on regulated premises commits an offence.

        Penalty: a fine of $10 000.

        (3)         Subject to this Act, where the juvenile is not the employee or agent of the licensee or occupier and is not, and is not the employee or agent of, a person acting under or employed in connection with a contract with the licensee or the owner or occupier of the premises, a person who —

            (a)         being a juvenile enters or remains in any part of regulated premises where liquor is sold or supplied, except for the purpose of obtaining a meal; or

            (b)         being a person who has purported to accompany the juvenile as a responsible adult for the purpose of obtaining a meal, causes or permits the juvenile to enter or remain in any part of regulated premises where liquor is sold or supplied, except for the purpose of permitting the juvenile to obtain a meal,

                commits an offence.

        Penalty:

            (a)         for a juvenile, a fine of $2 000;

            (b)         for anyone else, a fine of $4 000.

        (4)         Subsection (3) does not apply to or in relation to a juvenile to whom section 120(1)(b) or (f), 120(2), or 121(5)(c) or (d) applies.

        [Section 122 amended: No. 12 of 1998 s. 35(5); No. 73 of 2006 s. 89 and 110; No. 56 of 2010 s. 63 and 69.]