Intoxicating Liquor Act, 1988

Restriction on persons under the age of 18 years being on licensed premises during extended hours.

35.—(1) Notwithstanding the application of an exemption order under section 4 or 5 of the Act of 1927, or section 10 of the Act of 1962, in respect of the premises, the holder of a licence of any licensed premises shall not allow a person who is under the age of 18 years (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) to be on that part of the licensed premises which is used on foot of such exemption order for the sale or consumption of intoxicating liquor at any time during the period in respect of which the exemption was granted.

(2) Notwithstanding the application of an exemption order under section 4 or 5 of the Act of 1927, or section 10 of the Act of 1962, in respect of the premises, a person who is under the age of 18 years (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 on that part of the licensed premises which is used on foot of such exemption order for the sale or consumption of intoxicating liquor at any time during the period in respect of which the exemption was granted.

(3) The holder of a licence of any licensed premises in respect of which an exemption order under section 4 or 5 of the Act of 1927, or section 10 of the Act of 1962, is in force shall display in a conspicuous place in the part of the licensed premises which is used on foot of such exemption order a notice stating that it is an offence for a person who is under the age of 18 years to be on that part of the premises at any time during the period in respect of which the exemption order was granted.

(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 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 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.