120Allowing minors on licensed or authorised premises

120 Allowing minors on licensed or authorised premises S. 120(1) amended by Nos 92/2004 s. 23(2)(a), 56/2014 s. 58. (1) If a person under the age of 18 years— (a) is on licensed premises or any authorised premises; and (b) is not— S. 120(1)(b)(i) substituted by No. 92/2004 s. 4(1)(a). (i) in the company of a responsible adult; or (ii) on the premises for the purpose of partaking of a meal; or (iii) in the case of a licence under which accommodation is provided, a resident of those premises— the licensee or permittee is guilty of an offence. Note to s. 120(1) inserted by No. 13/2013 s. 29(4). (2) Subsection (1) does not apply— (a) to the presence on any part of the licensed premises or authorised premises of a person under the age of 18 years at any time at which— S. 120(2)(a)(i) amended by No. 58/2011 s. 104(Sch. item 4.182). (i) entertainment for or mainly for people under the age of 18 years is provided on that part of the premises in accordance with the approval of the Commission and any conditions to which that approval is subject; and (ii) liquor is not supplied, consumed or made available on that part of the premises; or (b) to the presence on licensed premises or authorised premises of a person who is engaged in a training program in hospitality or in training for the purposes of employment or work experience, if the person is so present in accordance with any conditions to which that program or training is subject; or S. 120(2)(ba) inserted by No. 21/2014 s. 16(1). (ba) to the presence on any part of the licensed premises or authorised premises of a person under the age of 18 at which— (i) a live music event is being held in accordance with notice given to the Commission in accordance with subsection (2B) and any conditions prescribed for the purposes of this section; and (ii) liquor is not supplied, consumed or made available on that part of the premises; or (c) to the presence on licensed premises or authorised premises of persons employed on the premises otherwise than in the supply of liquor; or S. 120(2)(ca) inserted by No. 92/2004 s. 6(2). (ca) to the presence on licensed premises or authorised premises of a person who is employed to deliver packaged liquor for consumption off the premises to people of or over the age of 18 years and who is on the premises by reason of that employment; or S. 120(2)(d) amended by No. 59/2009 s. 28. (d) to the presence during ordinary trading hours on licensed premises or authorised premises of a person under the age of 18 years if the licence in respect of the premises is— S. 120(2)(d)(i) inserted by No. 59/2009 s. 28. (i) an on-premises licence where the permitted use of the licensed premises under the **Planning and Environment Act 1987** is that of a restaurant; or S. 120(2)(d)(ii) inserted by No. 59/2009 s. 28. (ii) a restaurant and cafe licence; or S. 120(2)(e) amended by No. 58/2011 s. 104(Sch. item 4.182). (e) to the presence on licensed premises or authorised premises of a person under the age of 18 years in accordance with the approval of the Commission and any conditions to which that approval is subject. S. 120(2A) inserted by No. 92/2004 s. 18(1)(8), amended by No. 58/2011 s. 104(Sch. item 4.183). (2A) A request for the Commission's approval for the purposes of subsection (2)(a)(i) must be accompanied by the fee specified in the regulations for the purposes of that subsection. S. 120(2B) inserted by No. 21/2014 s. 16(2). (2B) A notice for the purposes of subsection (2)(ba) must be given to the Commission at least 7 business days prior to the date of the live music event and must contain the following details— (a) the name of the event; and (b) the date and start and finish times of the event; and (c) the times at which persons under the age of 18 will be present at the event; and (d) any other prescribed details. S. 120(3) amended by No. 58/2011 s. 104(Sch. item 4.184). (3) If the Commission grants or revokes an approval for the purposes of subsection (2)(a) or (e), the Commission must cause the licence or permit to be endorsed accordingly. S. 120(4) amended by No. 28/2022 s. 169. (4) It is a defence to a prosecution under this section for the accused to prove that, at the time of the alleged offence, the accused had seen an evidence of age document of the person whose age is material to the offence, indicating that that person is of or over the age of 18 years. S. 120(5) inserted by No. 92/2004 s. 4(2). (5) If an issue arises under this section as to whether a person accompanying a person under the age of 18 years is a responsible adult or not, the test to be used is whether or not a reasonable person would be justified in assuming at the relevant time that the accompanying person was a responsible adult. S. 121 amended by Nos 92/2004 s. 23(2)(a), 56/2014 s. 59.