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Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Proof of age

This section has no associated Explanatory Notes

9.—(1) In Article 32 of the Registration of Clubs Order (young persons prohibited from bars) after paragraph (11) insert—

(11A) Without prejudice to any other means of proving the exercise of all due diligence, for the purposes of paragraph (11) the person is to be treated as having exercised all due diligence to avoid the commission of an offence if—

(a)the person was shown any of the documents specified in paragraph (11B); and

(b)that document would have convinced a reasonable person.

(11B) The documents referred to in paragraph (11A)(a) are any document purporting to be—

(a)a passport;

(b)a photocard driving licence;

(c)an electoral identity card;

(d)a photographic identity card of a type approved by the British Retail Consortium for the purposes of its Proof of Age Scheme; or

(e)such other document, or a document of such other description, as may be prescribed..

(2) In Article 34 of the Registration of Clubs Order (supply, etc., of intoxicating liquor to young persons) after paragraph (3) add—

(4) Without prejudice to any other means of proving the exercise of all due diligence, for the purposes of paragraph (3) the person is to be treated as having exercised all due diligence to avoid the commission of an offence if—

(a)the person was shown any of the documents specified in paragraph (5); and

(b)that document would have convinced a reasonable person.

(5) The documents referred to in paragraph (4)(a) are any document purporting to be—

(a)a passport;

(b)a photocard driving licence;

(c)an electoral identity card;

(d)a photographic identity card of a type approved by the British Retail Consortium for the purposes of its Proof of Age Scheme; or

(e)such other document, or a document of such other description, as may be prescribed..

(3) After Article 34 of the Registration of Clubs Order insert—

Duty to display notice relating to age

34A.(1) A registered club must at all times display the notice specified in paragraph (2)—

(a)at each place in the premises of the club where intoxicating liquor is supplied; and

(b)in a position where it is readily visible to any person seeking to be supplied with intoxicating liquor.

(2) The notice referred to in paragraph (1) must contain such information and be in such form and of such dimensions as are prescribed.

(3) Without prejudice to the generality of paragraph (2), the notice must contain—

(a)such information as may be prescribed in relation to offences concerning the supply to or purchase by persons under the age of 18 of intoxicating liquor; and

(b)a description of the documents specified in Articles 32(11B) and 34(5).

(4) Where this Article, or any provision made under this Article, is contravened—

(a)the registered club, and

(b)every official of the club at the time of the contravention,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale..

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