The Licensing and Clubs (Amendment) (Northern Ireland) Order 1989

Defences to proceedings for offences relating to minors

6.—(1) In section 61(5) of the Licensing Act (minors prohibited from bars) for paragraphs (a) and (b) there shall be substituted—

“(a) in the case of proceedings against the holder of the licence for an offence committed by his servant or agent, for the holder of the licence to prove that he exercised all due diligence to avoid the commission of such an offence; or

(b) in any other case, for the holder of the licence or his servant or agent to prove—

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

(ii) that he had no reason to suspect that the minor was not of full age.”.

(2) In section 62 of the Licensing Act (sale, etc., of intoxicating liquor to minors)—

(a) in subsection (1)(c) the word “knowingly” shall be omitted;

(b) for subsection (7) there shall be substituted the following subsection—

“(7) In any proceedings for an offence by reason of a contravention of subsection (1) it shall be a defence—

(a) in the case of proceedings against the holder of the licence for an offence committed by his servant or agent, for the holder of the licence to prove that he exercised all due diligence to avoid the commission of such an offence; or

(b) in any other case, for the holder of the licence or his servant or agent to prove—

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

(ii) that he had no reason to suspect that the minor was not of full age.”.