Entry into licensed premises

As David explained, there are certain areas within a hotel where minors are restricted from entering, such as bars and gaming areas. It is a requirement for all venues to check evidence of age documentation to ensure that patrons being served or supplied alcohol are over 18 years of age.

Hotels

Minors are not permitted to enter or remain in a hotel bar area. A bar area is defined as any area of a hotel or club where liquor is served, except those areas where persons under 18 are allowed by law to enter, such as a dining area or authorised minors area in a hotel. They are allowed in the dining room where the consumption of meals at tables is available, and in the accommodation area of the hotel.

The hotel may also have an area approved for use by minors with a responsible adult such as a bistro or lounge area.

Registered clubs

Minors are prohibited from entering or remaining in the bar and gaming machine areas of a registered club.

A ‘walk through’ provision exists, which allows minors to enter a bar area in a hotel or club, or a gaming machine area of a club, when:

• the minor is with a responsible adult and does not stop while in the bar/gaming machine area—e.g. a minor may pass through a bar/gaming machine area to use the bathroom facilities if they are with a responsible adult

• the minor is an apprentice and was in the restricted area for the purpose of receiving training

• the minor is performing in a show or as part of a performance in the bar area

• the minor is attending an authorised minors function in the venue.

A defence is available to the licensee if a minor (who is over 14 years of age) produces documentary evidence (driver licence, Photo Card, etc) that could reasonably indicate that the minor was over 18.

Minors are also allowed to enter dining and non-restricted areas of a club, such as a bistro or dining room.

Supply of liquor to a minor

It is an offence to sell, serve or supply alcohol to a person who is under 18 years of age. The licensee, staff, and other patrons, including minors (where liquor is supplied to other minors) can all be liable for the offence of supplying liquor.

Penalties of up to $11,000 and/or 12 months imprisonment (or $1,100 penalty notices) apply to adults convicted of underage liquor supply offences. Minors are also liable for the offences of purchasing and drinking liquor in a licensed venue. These offences are liable to maximum court penalties of $2,200 (or $220 penalty notices).

On licensed premises, a statutory defence is available for the offence of supplying liquor to a minor. The statutory defence applies where the minor was over 14 and produced evidence of age (that could be reasonably accepted) that indicated they were over 18.

The law also imposes sanctions on minors attempting to purchase liquor from licensed premises and to drink alcohol on licensed premises. Penalties of up to $2,200 apply.

Secondary sales

Secondary sales occur when a person purchases liquor on behalf of a minor. The person supplying the liquor to the minor (either on licensed premises or elsewhere) is committing an offence which can attract fines of up to $11,000 and/or 12 months imprisonment (or a $1100 penalty notice).

Remote sales

The remote liquor sales provisions apply to liquor sold to the public via the internet, telephone, facsimile and mail orders.

The provisions recognise that remote liquor sales, particularly via the Internet, are a potential source of supply for minors and that extra controls are needed.

For remote liquor sales the law requires the display of:

• the liquor licence number in any published or electronic advertising; and

• the liquor licence number and the statutory notice (stating the offence of supplying liquor to a minor) on the website where liquor is being sold.

When taking a telephone, facsimile or mail order, the licensee must ensure that the prospective buyer provides a date of birth to confirm that the client is an adult (unless the details have been provided when placing a previous order).

The licensee must then give written instructions to the person delivering the order, such as a courier, requiring the liquor to be delivered:

• to the adult who placed the order (include their name in the instructions)

• to another adult at the delivery address accepting the delivery on behalf of the adult who placed the order

• on the day after the sale was made through an internet site, in accordance with the customer’s instructions (such as delivery to another address).

Maximum penalties of $2,200 apply if a licensee commits any of these offences. A maximum penalty of $3,300 applies to a person who requests a minor to take delivery of a remote sale. A maximum penalty of $2,200 applies if a minor takes delivery of a remote sale.

Liquor sales by minors

In most cases, the law prohibits minors from serving liquor on licensed venues. A minor cannot take an order for, or deliver, alcohol to patrons.

The law does not stop minors from doing other things within the premises, such as stocking shelves in a bottle shop or serving meals in a restaurant or taking food orders.

In special circumstances, and subject to stringent supervisory conditions, the Independent, Liquor and Gaming Authority may grant approval for a minor to serve liquor in a venue or in a dining room or other non-restricted area of a registered club (eg approval may be given for a 17-year-old to work with their parent in a minors area of a hotel at certain times).

Maximum penalties of $5,500 apply to a licensee if a minor serves liquor without approval.