Children's Act, 2005 (Act No. 38 of 2005)

Chapter 7 : Protection of Children

Part 4 : Other protective measures

140. Child safety at place of entertainment

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(1)A person providing entertainment to children on any premises or enclosure must comply with subsection (2) if—
(a)access to the premises or enclosure where the entertainment is provided requires the use of doors, stairs, escalators, lifts or other mechanical means;
(b)the majority of the people attending the entertainment are children; and
(c)the number of people, including children, who attend the entertainment exceeds 50.

 

(2)A person providing entertainment to children in the circumstances specified in subsection (1) must—
(a)determine the number of people, including children, who can safely be accommodated on the premises or enclosure and each part of the premises or enclosure;
(b)station a sufficient number of adult attendants to prevent more people, including children, from being admitted to the premises or enclosure, or any part of the premises or enclosure, than the number of people determined in terms of paragraph (a) for the premises or enclosure or that part of the premises or enclosure;
(c)control the movement of people admitted to the premises or enclosure, or any part of the premises or enclosure, while entering or leaving the premises or enclosure or that part of the premises or enclosure; and
(d)take all reasonable precautions for the safety of the children and other people attending the entertainment.

 

(3)No alcohol or tobacco products may be sold, served or made available to children at places of entertainment.

 

(4)If the person providing the entertainment is not the owner of the premises or enclosure where the entertainment is provided, the owner or the owner's agent must take all reasonable steps to ensure that subsections (2) and (3) are complied with.

 

(5)
(a)A person authorised by a municipality in whose area a premises or enclosure is situated where entertainment described in subsection (1) is or is to be provided, or on reasonable suspicion is or is to be provided, may enter such enclosure in order to inspect whether subsections (2) or (3) are complied with.
(b)Section 304(2) and (3), read with such changes as the context may require, applies to any inspection in terms of paragraph (a).