Intoxicating Liquor Act, 1988

Restriction on persons under the age of 18 years being on premises used for the sale of intoxicating liquor for consumption off the premises.

36.—(1) Where a licensed premises, or any part of a licensed premises which is structurally separate from the remainder of the premises, is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises, the holder of the licence of the licensed premises shall not permit a person who is under the age of 18 years and who is not accompanied by his parent or guardian (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) to be at any time on such premises or, as the case may be, such part of such premises.

(2) A person who is under the age of 18 years and who is not accompanied by his parent or guardian (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) shall not be at any time on a licensed premises, or on any part of a licensed premises which is structurally separate from the remainder of the premises, where such premises or, as the case may be, such part of such premises, is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises.

(3) Where a licensed premises, or any part of a licensed premises which is structurally separate from the remainder of the premises, is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises, the holder of the licence of such licensed premises shall display in a conspicuous place in such premises a notice stating that it is an offence for a person who is under the age of 18 years and who is not accompanied by his parent or guardian to be on such premises or, as the case may be, in such part of such premises.

(4) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £100, in the case of a first offence, or

(b) £250, in the case of a second or any subsequent offence,

and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(5) A person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(6) A person who contravenes subsection (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £20, in the case of a first offence, or

(b) £50, in the case of a second or any subsequent offence.

(7) In any proceedings against a person for a contravention of subsection (1) of this section, it shall be a defence for such person to prove that he used all due diligence to prevent the person under the age of 18 years in respect of whom the charge is brought from being admitted to the premises or any part of the premises which is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises or that such person produced to him an age card relating to such person or that he had other reasonable grounds for believing that such person was over the age of 18 years.