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Amendment of sections 31, 35 and 36 (provisions relating to under-age persons) of Act of 1988.
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14.—(1) Section 31 (sale of intoxicating liquor to under-age persons) of the Act of 1988 is amended—
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(a) in subsection (3), by the deletion of “, 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 the Act applies”, and
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(b) by the substitution of the following for subsection (4)—
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“(4) In any proceedings for a contravention of subsection (1) or (2) of this section, it shall be a defence for the defendant to prove that the person in respect of whom the charge is brought produced to him or her an age card relating to that person or, if the defendant is charged with permitting another person to sell or deliver intoxicating liquor contrary to either of those subsections, to prove that an age card relating to the person to whom the intoxicating liquor was sold or delivered was produced by that person to that other person.”.
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(2) Section 35 (restriction on under-age persons being on licensed premises during extended hours) of the Act of 1988 is amended—
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(a) in subsection (4), by the deletion of “, 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 the Act applies”, and
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(b) by the substitution of the following for subsection (7)—
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“(7) In any proceedings for a contravention of subsection (1) of this section, it shall be a defence for the defendant to prove that he or she 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 part of the licensed premises which is used on foot of an exemption order as aforesaid for the sale or consumption of intoxicating liquor during the period in respect of which the exemption was granted or that the person produced to him or her an age card relating to that person.”.
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(3) Section 36 (restriction on under-age persons being on premises used for sale of intoxicating liquor for consumption off the premises) of the Act of 1988 is amended—
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(a) in subsection (4), by the deletion of “, 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 the Act applies”, and
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(b) by the substitution of the following for subsection (7)—
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“(7) In any proceedings against a person for a contravention of subsection (1) of this section, it shall be a defence for the defendant to prove that he or she 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 the person produced to him or her an age card relating to that person.”.
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(4) Section 38 (employment of persons under 18) of the Act of 1988 is amended by the insertion of the following subsection after subsection (2):
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“(3) (a) For the purposes of paragraph (d) of subsection (1), a person under the age of 18 years but not under the age of 16 years who is engaged in general duties in licensed premises to which an on-licence is attached is not engaged in the sale of intoxicating liquor.
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(b) In paragraph (a) of this subsection, ‘general duties’ includes taking orders for intoxicating liquor and serving it at tables, but not supplying it from behind the bar counter in the premises mentioned in that paragraph.”.
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