When Can minors enter and remain in a premises with a hotel licence in NSW?

Section 126 of the Liquor Act 2007 (NSW) is concerned with Adult Allowing Consumption on Licensed Premises and is set out below.

For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers® today on (02) 9261 8881.

126 Minors must be refused entry to licensed premises

If:

(a) a responsible person for a hotel, club premises 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.

Maximum penalty: 50 penalty units.

It is illegal for under 18s (minors) to be on licensed premises. However, the following are exemptions to this requirement:

• the minor is a resident on the premises
• the minor is working on the premises to perform duties as an employee of the owner, or occupier, in the conduct of a lawful business or while receiving training for employment or work experience (see below)
• the minor is attending a function being held on the premises
• the premises has a current community club licence, community other licence or restricted liquor permit, and the minor's presence does not contravene the club's rules or a condition of the licence or permit
• the minor is on the premises for a purpose, and in circumstances, approved by the Commissioner for Liquor and Gaming or stated in a condition of the licence or permit
• the minor is eating a meal on the premises or is accompanied by a responsible adult who is responsibly supervising the minor. But, if the minor is on the premises after 5pm, and the licence for the premises is a nightclub licence, then the exemption does not apply. In this case, the minor is not exempt even if eating a meal on the premises or in the company of a responsible adult.

It is important to note that all staff of licensed premises (including bar staff, contracted security, bottle shop attendants and restaurant staff) are responsible under the Liquor Act 1992 for ensuring minors (except exempted minors) do not enter or remain on licensed premises. Licensees must ensure their staff are aware of their obligations and the potential fines that may apply.

Minors working on licensed premises

Under the Liquor Act, children under the age of 18 may work in licensed premises; but they must not work in licensed premises that operate under an adult entertainment permit.

If your liquor licence does not include an adult entertainment permit, provisions of the Child Employment Regulation 2006 may also affect you. Specifically, minors are prohibited from:

• being employed in licensed premises that feature activities such as topless waitressing
• working while nude or partially nude
• being exposed to inappropriate roles and situations, including being present while another person is nude or partially nude in the workplace.

Also consider...

• Last reviewed: 18 Jun 2019
• Last updated: 18 Jun 2019

Changes to NSW Liquor Laws in 2007 meant that under 18’s can now perform in licensed premises in NSW.

If you are a parent with children who are up to playing on the gig, or a teacher with promising young students who would benefit from performing and even earning a few dollars, the NSW Liquor Act 2007 has provisions to encourage young musicians to perform in licensed venues including hotels, clubs, restaurants and small bars – provided they are accompanied by a responsible adult.

LIQUOR ACT 2007 – SECT 123

Minor not to enter or remain in certain licensed premises

123 Minor not to enter or remain in certain licensed premises

(1) A minor must not:

(a) enter or remain in the bar area of a hotel or club premises, or

(b) enter or remain in a part of a hotel to which a minors area authorisation relates unless the minor is in the company of a responsible adult, or

(b1) enter or remain in a small bar during trading hours, or

(c) enter or remain in a licensed public entertainment venue unless:

(i) the minor is in the company of a responsible adult, or

(ii) a function is being held in the venue in accordance with a minors functions authorisation.

Maximum penalty: 20 penalty units.

(3) A minor does not commit an offence under subsection (1) (a) if the minor:

(b) is performing in a show or other live entertainment performance held in the bar area,

and is in the company of a responsible adult while in the bar area.