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34.—(1) The holder of a licence of licensed premises shall not, subject to subsections (2) to (4) of this section, allow a person under the age of 18 years to be in the bar of the licensed premises at any time.
(2) (a) It shall not be unlawful for such a holder to allow a child who is accompanied by his or her parent or guardian to be in the bar of the licensed premises between 10.30 a.m. (12.30 p.m. on a Sunday) and 9.00 p.m.
(b) Paragraph (a) of this subsection does not apply in relation to a child where it appears to the holder that the child's presence in the bar could reasonably be regarded as injurious to his or her health, safety or welfare.
(3) It shall not be unlawful for such a holder to allow a person who is aged at least 15 years but under the age of 18 years to be in the bar between 10.30 a.m. (12.30 p.m. on Sundays) and 9.00 p.m.
(4) It shall not be unlawful for such a holder to allow a child who is accompanied by his or her parent or guardian or a person who is aged at least 15 years but under the age of 18 years to be in the bar on the occasion of a private function at which a substantial meal is served to persons attending the function.
(5) Subsection (1) of this section does not apply in relation to a person under the age of 18 years who—
(a) is a son or daughter of the licensee,
(b) resides in the licensed premises,
(c) is passing through the bar solely for the purpose of entering or leaving another part of the premises, or
(d) is employed in the licensed premises in accordance with section 38 of this Act.
(6) A person who contravenes subsection (1) of this section or causes or procures or attempts to cause or procure a person to go to or to be in the bar of licensed premises in contravention of that subsection is guilty of an offence under this section and liable on summary conviction to a fine not exceeding—
(a) for a first offence, €300, or
(b) for a second or any subsequent offence, €500.
(7) If a child is present in a bar at a time or in circumstances where the child's presence is not allowed under subsection (1) of this section, the parent or guardian of the child is guilty of an offence and liable on summary conviction to a fine not exceeding €300, unless he or she establishes that the child was so present—
(a) without his or her knowledge or consent, or
(b) in the circumstances specified in subsection (5).
(8) In any proceedings against the holder of a licence of licensed premises for a contravention of subsection (1) of this section it shall be a defence to prove that the holder used all due diligence to prevent the person concerned from being admitted to or remaining in the bar.”.
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