Liquor Laws and Under 18's
In NSW, laws regulate the sale, consumption and provision of alcohol to people under the age of 18 years (minors). These laws are covered in the Liquor Act 2007 and the Summary Offences Act 1988.
The following table provides relevant parts of legislation pertaining to minors and alcohol.
Further details can be found at http://www.legislation.nsw.gov.au/ or http://www.olgr.nsw.gov.au/youth_fines.asp
Liquor Act 2007
Part 7 Special provisions relating to minors (those aged under 18 years)
Section 117 Offences relating to sale or supply of liquor to minors
(1) Selling liquor to minors
A person must not sell liquor to a minor.
Maximum penalty: $11,000 or 12 months imprisonment (or both), or an on-the-spot fine of $1,100.
(2) Supplying liquor to minors on licensed premises
A person must not supply liquor to a minor on licensed premises.
Maximum penalty: $11,000 or 12 months imprisonment (or both) or an on-the-spot fine of $1,100.
(4) Supplying liquor to minors on other premises
A person must not supply liquor to a minor on any premises other than licensed premises unless the person is a parent or guardian of the minor.
It is a defence to a prosecution for an offence under subsection (4) if it is proved that the defendant was authorised to supply liquor to the minor by the parent or guardian of the minor.
Maximum penalty: $11,000 or 12 months imprisonment (or both) or an on-the-spot fine of $1,100.
(6)Obtaining liquor for minors from licensed premises
A person must not obtain liquor from licensed premises on behalf of a minor unless the person is the parent or guardian of the minor.
It is a defence to a prosecution for an offence under subsection (6) if it is proved that the defendant was authorised to obtain liquor on behalf of the minor by the parent or guardian of the minor.
Maximum penalty: $11,000 or 12 months imprisonment (or both), or an on-the-spot fine of $1,100.
Section 118 Offences relating to consumption etc of liquor by minor
(1) Minor not to obtain, consume or carry away liquor
A minor must not:
- consume liquor on licensed premises, or
- consume liquor on the premises of an unlicensed restaurant unless the minor consumes the liquor in the company of, and with the permission of, his or her parent or guardian, or
- obtain, or attempt to obtain, liquor for consumption on licensed premises, or
- carry liquor away, or attempt to carry liquor away, from licensed premises unless the minor was ordered or requested by another person to carry the liquor away from the licensed premises.
Maximum penalty: $2,200
Division 3 Other provisions relating to minors
Section 128 Minor required to provide information
(1) An authorised person may require a person who is reasonably suspected of being a minor and who, if a minor, would be committing an offence under this Act:
- to state the relevant person's full name, residential address and date of birth, and
- to produce then, or at a police station within a reasonable time, an evidence of age document for the person.
(2) A person who is the subject of a requirement under subsection (1) must not:
- refuse or fail to state his or her full name, residential address and date of birth, or
- without reasonable excuse, refuse or fail to produce an evidence of age document that may reasonably be accepted as applying to the person.
Maximum penalty: $2,200
Section 129 Minor must not use false evidence of age
A minor who uses any document purporting to be an evidence of age document in order to gain entry to, remain in, or obtain liquor from, licensed premises, is guilty of an offence if the document is false in a material particular in relation to the minor.
Maximum penalty: $2,200
liquor means:
- a beverage which, at 20° Celsius, contains more than 1.15% ethanol by volume, or
- any thing that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits, or
- any other substance prescribed by the regulations as liquor.
minor means a person who is under the age of 18 years.
Summary Offences Act 1988
Section 11 Possession of liquor by minors
(1) A person under the age of 18 years is guilty of an offence if the person possesses or consumes any liquor in a public place, unless the person establishes that:
- the person was under the supervision of a responsible adult, or
- the person had a reasonable excuse for possessing or consuming the liquor.
Maximum penalty: $20
(2) A police officer may seize liquor in the possession of a person in a public place, if the officer suspects, on reasonable grounds, that:
- the person is under the age of 18 years, and
- the person is not under the supervision of a responsible adult, and
- the person does not have a reasonable excuse for possessing the liquor.
(5)A person may not be arrested for an offence under subsection (1), except so far as may be necessary for the purpose of the administration of a caution by a police officer in relation to such an offence.
(5A) A police officer who reasonably suspects that a person has committed an offence under subsection (1) may require that person:
- to state his or her full name and residential address, and
- to produce then, or at a police station within a reasonable time, documentary evidence that might reasonably be accepted as applying to the person and as proving that the person is at least 18 years of age.
(5B) A person the subject of a requirement under subsection (5A) must not:
- refuse to state his or her full name and residential address, or
- state a false name or residential address, or
- without reasonable excuse, refuse or fail to produce evidence of age as referred to in subsection (5A) (b).
Maximum penalty: $20
public place means:
- a place (whether or not covered by water), or
- a part of premises,
that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school.