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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Offences and closure of premises - Offences relating to minors and people under purchase age

245: Permitting minors to be in restricted areas or supervised areas

You could also call this:

"Keeping under 18s out of areas where alcohol is sold"

If you are in charge of a place that sells alcohol, you must not let someone under 18 enter or stay in areas where they are not allowed, as stated in section 244. If you break this rule, you can be fined up to $2,000. You can defend yourself if you can prove you thought the person was 18 or older because they showed you a document that said so, you believed it was real, and you took steps to remove them when you found out they were under 18.

If someone shows you a document that says they are 18 or older, you must believe it is real and that it belongs to them, and you must also think they are not under 18. You also need to take steps to remove them from the area if you find out they are under 18. You can also defend yourself if you used a system to check the person's age and you did it correctly.

You can be fined if you let someone under 18 into a restricted area, but you can say it was not your fault if you can prove you did everything you could to stop it from happening. This can include using a system to check the person's age or asking for a document that shows their age.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339748.

Topics:
Money and consumer rights > GamblingCrime and justice > Criminal law
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244: Minors in restricted areas or supervised areas, or

"Rules for under 18s in areas where alcohol is sold"

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246: Who is guardian, or

"A guardian is a person appointed to look after a child under the Care of Children Act."

Part 2Sale and supply of alcohol generally
Offences and closure of premises: Offences relating to minors and people under purchase age

245Permitting minors to be in restricted areas or supervised areas

  1. A licensee or manager of any licensed premises who allows a minor to enter or remain in a restricted area or supervised area in contravention of section 244 commits an offence.

  2. A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.

  3. In any proceedings for an offence against subsection (1) in respect of allowing a person (the customer) to enter or remain in a restricted area or supervised area, it is a defence if the defendant proves that—

  4. there was produced to the defendant, or an agent or employee of the defendant, a document purporting to be an approved evidence of age document; and
    1. the defendant, agent, or employee believed on reasonable grounds that the document—
      1. was an approved evidence of age document; and
        1. related to the customer; and
          1. indicated that the customer was not a minor; and
          2. the defendant, agent, or employee reasonably believed that the customer was not a minor; and
            1. the defendant satisfies the court that, as soon as the defendant, agent, or employee became aware of the situation, reasonable steps were taken to remove the customer from the restricted area or supervised area.

              1. In any proceedings for an offence against subsection (1) in respect of allowing a person (the customer) to enter or remain in a restricted area or supervised area, it is a defence if the defendant proves that the defendant, or an agent or employee of the defendant, verified the customer's age using an approved evidence of age system in the approved manner.

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