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Licensing Act 1964 (repealed)
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Changes over time for: Section 168
Version Superseded: 03/01/1995
Alternative versions:
- 01/02/1991- Amendment
- 01/01/1993
Point in time - 03/01/1995- Amendment
- 24/11/2005- Amendment
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Point in time view as at 01/01/1993. This version of this provision has been superseded.
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168 Children prohibited from bars.E+W
(1)The holder of a justices’ licence shall not allow a person under fourteen to be in the bar of the licensed premises during the permitted hours.
(2)No person shall cause or procure, or attempt to cause or procure, any person under fourteen to be in the bar of licensed premises during the permitted hours.
(3)Where it is shown that a person under fourteen was in the bar of any licensed premises during the permitted hours, the holder of the justices’ licence shall be guilty of an offence under this section unless he proves either—
(a)that he [F1exercised all] due diligence to prevent the person under fourteen from being admitted to the bar, or
(b)that the person under fourteen had apparently attained that age.
(4)No offence shall be committed under this section if the person under fourteen—
(a)is the licence-holder’s child, or
(b)resides in the premises, but is not employed there, or
(c)is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
(5)No offence shall be committed under this section if the bar is in any railway refreshment-rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of a justices’ licence is merely ancillary.
(6)If any person contravenes this section he shall be liable, on a first conviction to a fine not exceeding [F2level 1 on the standard scale], and on a subsequent conviction to a fine not exceeding [F2level 1 on the standard scale].
(7)A local education authority may institute proceedings for an offence under this section.
(8)Where in any proceedings under this section it is alleged that a person was at any time under fourteen, and he appears to the court to have then been under that age, he shall be deemed for the purposes of the proceedings to have then been under that age, unless the contrary is shown.
Textual Amendments
F1Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 16
F2Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
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