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The Registration of Clubs (Northern Ireland) Order 1996

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The Registration of Clubs (Northern Ireland) Order 1996, Section 32 is up to date with all changes known to be in force on or before 16 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Young persons prohibited from barsN.I.

32.—(1) During the permitted hours a person under the age of 18 shall not be in any part of the premises of a registered club which—

(a)contains a bar; or

(b)is used exclusively or mainly for the supply, consumption or storage of intoxicating liquor.

(2) A registered club shall not allow a person under the age of 18 to be in any part of the club premises as mentioned in paragraph (1) during the permitted hours.

(3) A person shall not cause or procure any person under the age of 18 to go into, or to be in, any part of the club premises as mentioned in paragraph (1) during the permitted hours.

(4) Paragraphs (1), (2) and (3) shall not apply with respect to a person under the age of 18 who is in a part of club premises if—

(a)the person under 18 is in the company of a person who is 18 or over; and

(b)the part of the club premises are premises for which a children's certificate is in force; and

(c)where the premises contain a bar, the person under the age of 18 is seated at a table away from the bar; and

(d)the certificate is operational or paragraph (5) applies.

(5) This paragraph applies where—

(a)the person under the age of 18, or a person in whose company he is, is consuming a meal purchased before the certificate ceased to be operational, and

(b)no more than 30 minutes have elapsed since the certificate ceased to be operational.

(6) A person under the age of 18 shall not be at the bar in a part of club premises for which a children's certificate is in force and the certificate is operational or paragraph (5) applies.

(7) A registered club shall not allow a person under the age of 18 to be at the bar in a part of the club premises for which a children's certificate is in force and the certificate is operational or paragraph (5) applies.

(8) A person shall not cause or procure any person under the age of 18 to go to, or to be at, the bar in a part of club premises for which a children's certificate is in force and the certificate is operational or paragraph (5) applies.

(9) Any person acting in contravention of paragraph (1), (3), (6) or (8) shall be guilty of an offence and shall be liable on summary conviction—

(a)for a contravention of paragraph (1) or (6), to a fine not exceeding level 3 on the standard scale;

(b)for a contravention of paragraph (3) or (8), to a fine not exceeding level 4 on the standard scale.

(10) If paragraph (2) or (7) is contravened—

(a)the registered club; and

(b)every official of the club at the time of the contravention; and

(c)the person allowing the person under the age of 18 to be on the part of the club premises mentioned in paragraph (1);

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(11) In any proceedings for an offence by reason of a contravention of paragraph (2) or (7) it shall be a defence for a person to prove—

(a)that he exercised all due diligence to avoid the commission of such an offence; or

(b)that he had no reason to suspect that the person under the age of 18 had not attained that age.

[F1(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.]

(12) Where a person under the age of 18 represents himself to be the age of 18 or over for the purpose of being in any part of club premises as mentioned in paragraph (1) during the permitted hours, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13) Nothing in this Article shall apply with respect to a person under the age of 18 who is—

(a)in a part of sporting club premises as mentioned in paragraph (1) during the part of the permitted hours before [F210] in the evening; or

(b)a person who has attained the age which is the upper limit of compulsory school age and is—

(i)employed by the registered club under a contract in writing; or

(ii)receiving training under a scheme approved by the Department of Economic Development; or

(iii)engaged in a placement scheme as part of a further or higher education course;

in a part of sporting club premises as mentioned in paragraph (1) during the part of the permitted hours after [F210] in the evening; or

(c)in a part of club premises as mentioned in paragraph (1) solely for the purposes of passing to or from some other part of the premises which is not a part as aforesaid and to or from which there is no other convenient means of access.

(14) Where a person under the age of 18 who is found in any part of sporting club premises as mentioned in paragraph (1) after [F210] in the evening is employed by, or in training or placement with, the registered club, that person or the secretary of the club shall, at the request of a constable, produce the written contract or other proof of training or placement within 7 days of the request to, or in accordance with the reasonable directions of, the constable for examination, and if it is not so produced that person or, as the case may be, the registered club shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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