Licensing Act 1964 (repealed)

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 [F1 exercised 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.

[F2 (3A) No offence shall be committed under subsection (1) of this section if—

(a) the person under fourteen is in the bar in the company of a person who is eighteen or over,

(b) there is in force a certificate under section 168A(1) of this Act relating to the bar, and

(c) the certificate is operational or subsection (3B) of this section applies.

(3B) This subsection applies where—

(a) the person under fourteen, 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 thirty minutes have elapsed since the certificate ceased to be operational.

(3C) No offence shall be committed under subsection (2) of this section if the person causes or procures, or attempts to cause or procure, the person under fourteen to be in the bar in the circumstances mentioned in paragraphs (a) to (c) of subsection (3A) of this section.]

(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 [F3 level 1 on the standard scale], and on a subsequent conviction to a fine not exceeding [F3 level 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

F1 Words substituted by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 3 para. 16

F2 S. 168(3A)-(3C) inserted (3.1.1995) by 1994 c. 40, s. 19(1); S.I. 1994/3188, art. 3

F3 Words 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