Sale and Supply of Alcohol Act 2012

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245 Permitting minors to be in restricted areas or supervised areas

(1)

A licensee or manager of any licensed premises who allows a minor to enter or remain in a restricted area or supervised area in contravention of section 244 commits an offence.

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.

(3)

In any proceedings for an offence against subsection (1) in respect of allowing a person (the customer) to enter or remain in a restricted area or supervised area, it is a defence if the defendant proves that—

(a)

there was produced to the defendant, or an agent or employee of the defendant, a document purporting to be an approved evidence of age document; and

(b)

the defendant, agent, or employee believed on reasonable grounds that the document—

(i)

was an approved evidence of age document; and

(ii)

related to the customer; and

(iii)

indicated that the customer was not a minor; and

(c)

the defendant, agent, or employee reasonably believed that the customer was not a minor; and

(d)

the defendant satisfies the court that, as soon as the defendant, agent, or employee became aware of the situation, reasonable steps were taken to remove the customer from the restricted area or supervised area.

(4)

In any proceedings for an offence against subsection (1) in respect of allowing a person (the customer) to enter or remain in a restricted area or supervised area, it is a defence if the defendant proves that the defendant, or an agent or employee of the defendant, verified the customer’s age using an approved evidence of age system in the approved manner.

Compare: 1989 No 63 s 164