When can a minor be on a licensed premises NSW?

• Anyone of any age can obtain a RSA Certification.

HOWEVER

• Minors are not permitted to sell, supply or serve liquor in NSW.
• Refer to - Liquor Act 2007 No. 90 (NSW) Section 119 which states – A licensee must not cause or allow a minor to see, supply or serve liquor on licensed premises except with the approval of the Authority.
• Maximum penalty : 50 Penalty units.

Please refer to the Liquor Act 2007, and the following sections that specifically relate to minors, and liquor & minors, and licensed premises:

• S117 – 120 – relate to underage drinking
• S121 – 127 – relate to minors on licensed premises.

The legal drinking age in New South Wales is 18. There are a number of criminal offences relating to the supply of alcohol to a person below the legal drinking age in New South Wales and these can result in significant fines for both the person who supplies the alcohol and for the young person involved. The laws around alcohol in New South Wales are contained in the Liquor Act 2007.

Legislation

The Liquor Act 2007 aims to regulate the liquor industry in a way that is consistent with minimising the abuse of alcohol and its adverse effects. It contains a number of offences relating to the sale and supply of alcohol to minors as well as to allowing minors to enter or remain on licenced premises. These offences can attract fines of up to 100 penalty units (currently $11,000). Some offences also carry imprisonment.

Selling alcohol to minors

Under section 117 of the Liquor Act, it is an offence to sell alcohol to a minor. It is also an offence to supply alcohol to a minor on licensed premised.

These offences are punishable by a fine of up to 100 penalty units or imprisonment for up to one year, or both.

It is a defence to either of these offences if the minor who was sold or supplied alcohol was aged over 14 and had provided an evidence of age document that appeared to prove they were aged over 18.

Supply alcohol to persons below legal drinking age

It is an offence to supply a minor with alcohol on any premises other than licensed premises unless you are the minor’s parent or guardian or authorised by their parent or guardian AND the supply of alcohol is consistent with the responsible supervision of the minor. Whether the supply of alcohol is consistent with the responsible supervision of the young person is determined based on their age, the amount of alcohol consumed, whether it was consumed with food and other factors.

Supplying a minor with alcohol in any other circumstances is an offence and punishable by a fine of up to 100 penalty units or imprisonment for one year, or both.

Obtaining liquor for minors from licensed premises

It is an offence to obtain alcohol for a minor from licensed premises unless you are the minor’s parent or guardian. However, it is a defence to this offence if you had the permission of the parent or guardian.

It is an offence to allow alcohol to be sold or supplied to a minor on licensed premises. However, it is a defence if the liquor was supplied by the parent or guardian.

Underage drinking

It is an offence under section 118 of the Liquor Act for a person below the legal drinking age to obtain, consume, or carry away alcohol from licensed premises unless they consume the alcohol in the presence of and with the permission of their parent or guardian. This is punishable by a fine of up to 20 penalty units (currently $2200).

It is also an offence to send a minor to licensed premises to obtain liquor.  This is punishable by a fine of up to 30 penalty units.

Minors not to supply liquor

It is an offence to allow a person below the legal drinking age in New South Wales to sell, supply or serve liquor on licensed premises. This can attract a fine of up to 50 penalty units.

Minors and licensed premises

Minors are not allowed to enter the bar area of a hotel or club, or a small bar. Minors are allowed to enter licensed entertainment venues only if accompanied by a parent or guardian. The penalty for this offence is a fine of up to 20 penalty units.

However, a minor does not commit an offence under this provision if they are an apprentice or trainee receiving training or instruction at the premises or if they are present in the premises because they are performing in a show and are accompanied by a parent or guardian.

Minors are allowed to enter certain designated areas of licensed premises while accompanied by a parent or guardian. Minors may also enter licensed premises when an authorised function is being held.

Identification

Staff of licensed premises are allowed to request identification to prove that a person is above the legal drinking age in New South Wales.

A person must not refuse or fail to provide identification or to state their name, address and date of birth. Doing so can attract a fine of up to 20 penalty units.

A minor who uses false identification to gain entry to licensed premises or to obtain alcohol commits an offence and may be fined up to 20 penalty units.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Changes to NSW Liquor Laws in 2007 meant that under 18’s can now perform in licensed premises in NSW.

If you are a parent with children who are up to playing on the gig, or a teacher with promising young students who would benefit from performing and even earning a few dollars, the NSW Liquor Act 2007 has provisions to encourage young musicians to perform in licensed venues including hotels, clubs, restaurants and small bars – provided they are accompanied by a responsible adult.

LIQUOR ACT 2007 – SECT 123

Minor not to enter or remain in certain licensed premises

123 Minor not to enter or remain in certain licensed premises

(1) A minor must not:

(a) enter or remain in the bar area of a hotel or club premises, or

(b) enter or remain in a part of a hotel to which a minors area authorisation relates unless the minor is in the company of a responsible adult, or

(b1) enter or remain in a small bar during trading hours, or

(c) enter or remain in a licensed public entertainment venue unless:

(i) the minor is in the company of a responsible adult, or

(ii) a function is being held in the venue in accordance with a minors functions authorisation.

Maximum penalty: 20 penalty units.

(3) A minor does not commit an offence under subsection (1) (a) if the minor:

(b) is performing in a show or other live entertainment performance held in the bar area,

and is in the company of a responsible adult while in the bar area.

Anyone under the age of 18 years old is considered a minor. Significant penalties can apply to anyone selling or supplying liquor to a minor in NSW, including:

• on-the-spot penalty notice of $1,100
• court imposed fines of up to $11,000 and/or 12 months imprisonment
• the licensee or approved manager can be permanently disqualified and the liquor licence suspended.

The law

The Liquor Act 2007 details restrictions that apply to under 18s in licensed and unlicensed premises.

Section 118

Outlines the consumption of liquor by minors on a licensed premises. A minor must not obtain, consume or carry liquor away from a licensed premises. Fines range between $220 and $2,200.

Read: Section 118 of the Liquor Act 2007

Section 117

Outlines the supply of alcohol to minors. A person - including a parent or responsible adult - must not sell or supply alcohol to a minor in any licensed premises in NSW.

Read: Section 117 of the Liquor Act 2007

Parents, guardians, and responsible adults

Parents and guardians have responsibilities under the NSW liquor laws, when accompanying and supervising minors in licensed venues, to prevent them from consuming alcohol in a licensed venue.

For example, if a parent, or otherwise responsible adult, allows a minor to consume alcohol in a licensed venue that is a hotel or club, they risk an on-the-spot penalty notice of $330 or court imposed fine of $3,300.

To avoid a penalty, they must prove that they were not the responsible adult in relation to the minor at the relevant time.

Alcohol sales via the internet or other media

Businesses that sell alcohol by taking orders through their website or other remote ordering method need to display their licence number on their website, in advertisements and published or digital promotions like newsletters. A maximum court imposed fine of $2,200, or an on-the-spot penalty of $220, applies to a licensee for these offences.

Licensees must also require the buyer to supply their date of birth to confirm the buyer is at least 18 years of age. A buyer only needs to supply their date of birth once if the licensee records it for future purchases.

Licensees need to provide written instructions to the person making the delivery of the alcohol and ensure they deliver to:

• the adult person who placed the order
• another adult at those premises who undertakes to accept it on behalf of the person who placed the order, or
• if the delivery is not made on the same day as the order is taken or the sale is made, in accordance with the customer’s instructions.

A maximum court imposed fine of $2,200, or an on-the-spot penalty of $220, applies to a licensee for these offences.