James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 94:

In page 125, to delete lines 29 to 38 and substitute the following: “Obligation not to allow child on premises

169. (1) A licensee of an in-person gambling licence, other than a licensee of a gambling licence for charitable or philanthropic purpose that is an in-person gambling licence, shall not permit a child to enter on a premises in which a relevant gambling activity is

or may be provided pursuant to the licence concerned.

(2) A licensee who fails to comply with subsection (1) is guilty of an offence and is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 8 years, or both.

(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that he or she was reasonably mistaken that, at the time of the alleged commission of the offence, the child in respect of whom the offence is alleged to have

been committed had attained the age of 18 years.

(4) Where in proceedings for an offence under this section it falls to the court to consider whether the defendant was reasonably mistaken that, at the time of the alleged commission of the offence, the child in respect of whom the offence is alleged to have been committed had attained the age of 18 years, the court shall consider whether, in all the circumstances of the case, a reasonable person would have concluded that the child had attained that age.

(5) The standard of proof required to prove the defendant was reasonably mistaken that a child had attained the age of 18 years shall be that applicable to civil proceedings.”.

See this speech in context