19 Flashcards Preview

LA > 19 > Flashcards

Flashcards in 19 Deck (12):
1

s125

If, under this Act, a minor is required to be accompanied by a responsible adult while in a hotel or licensed public entertainment venue, the responsible adult who is accompanying the minor must not leave the minor unaccompanied on the licensed premises without first informing the licensee or an employee or agent of the licensee.

2

s126

If: (a) a responsible person for a hotel, club premises, small bar or licensed public entertainment venue is aware that a person (the relevant person) who may reasonably be suspected of being under the age of 18 years is attempting to enter the licensed premises, and
(b) the presence of the relevant person on the licensed premises would, if the relevant person were under the age of 18 years, be an offence under this Act,
the responsible person must refuse the relevant person entry to the premises unless there is produced to the responsible person an evidence of age document that may reasonably be accepted as applying to the relevant person and as proving that the relevant person is of or above the age of 18 years.

3

s127

Notices to be displayed in relation to minors on licensed premises. Allows regs to be made in relation to minors signage.

4

s128(1)(2)(3)

(1) An authorised person may require a person (the relevant person) who is reasonably suspected of being a minor and who, if a minor, would be committing an offence under this Act: (a) to state the relevant person’s full name, residential address and date of birth, and
(b) to produce then, or at a police station within a reasonable time, an evidence of age document for the person. (2) A person who is the subject of a requirement under subsection (1) must not:
(a) refuse or fail to state his or her full name, residential address and date of birth, or (b) without reasonable excuse, refuse or fail to produce an evidence of age document that may reasonably be accepted as applying to the person. (3) In this section: authorised person means a licensee, an employee or agent of a licensee, a police officer or an inspector.

5

s129

A minor who uses any document purporting to be an evidence of age document in order to gain entry to, remain in, or obtain liquor from, licensed premises, is guilty of an offence if the document is false in a material particular in relation to the minor.

6

s130

A minor may not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay:
(a) a penalty for an offence under this Act or the regulations, or (b) an amount ordered to be paid under in respect of a penalty notice issued under this Act.

7

s130A

This Division provides for the imposition of certain sanctions in addition to any penalty that may be imposed under this Act by a court for offences under section 117 (1) or (8) committed on licensed premises.

8

s130B

(1) In this Division: prescribed offence means an offence under section 117 (1) or (8). (2) For the purposes of this Division, a relevant prescribed offence event occurs, in relation to a prescribed offence committed by a person, when: conviction, an amount of penalty notice paid, penalty notice enforcement order is made.

9

s130C

(1) If a relevant prescribed offence event occurs in relation to a prescribed offence committed on licensed premises, the Authority may, by order in writing served on the licensee, suspend the licence for such period (not exceeding 28 days) as is specified in the order.
(2) Licensee must be given opportunity to make submission. (3) Authority may consider compliance history re minors.

10

s130D

(1) A licence is suspended for a period of 28 days if:
(a) a relevant prescribed offence event occurs in relation to a prescribed offence committed on the licensed premises, and (b) the prescribed offence is committed at least 28 days after, but within 12 months of, a prescribed offence previously committed on the licensed premises, and (c) a relevant prescribed offence event occurred in relation to that previous offence.

11

s130E

(1) A licence is cancelled if: (a) a relevant prescribed offence event occurs in relation to a prescribed offence committed on the licensed premises, and (b) during the period of 12 months (but more than 28 days) before the offence is committed a prescribed offence has been committed on the licensed premises on at least 2 previous occasions that were at least 28 days apart, and
(c) a relevant prescribed offence event occurred in relation to each of those previous offences.

12

s130F

Licensee may apply to NCAT to review decision under s130C.