The Law as it applies to the sale and supply of liquor to minors


Under the NSW Liquor Act;
It is illegal to sell or supply alcohol to a minor on a licensed premises. Even a parent or guardian is prevented from doing this (section 117 (1) & (2) Liquor Act 2007 - Maximum penalty $11,000 - on the spot fine $1,100).

Q. What is the definition of a licensed premises?
A. Any premises that are issued with a liquor license under the Liquor Act 2007

Q. Can a minor be supplied alcohol outside of a licensed premises by anyone?
A. The only person who can supply alcohol to a minor outside of a licensed premises is the parent or guardian. Additionally a person authorised by the minors parents or guardian may also do this.

Q. Can a parent supply alcohol to their child at a BYO restaurant?
A. If the restaurant is NOT subject to a liquor licence then a parent can supply their child with alcohol.

Q. If a person authorises me to supply alcohol to their child does this have to be in writing?
A. No, but it is strongly advised that you obtain this in writing.

Q. Can a person supply alcohol to a minor in a park or public place?
A. Only a parent or guardian can do this or a person authorised by the minor's parent or guardian.

Q. What is a "responsible adult"
A. A responsible adult, in relation to a minor, means an adult who is:
a) a parent, step parent or guardian of the minor, or
b) the minor's spouse or de facto partner, or
c) for the time being standing in as the parent of the minor

Q. Is there any set limit for the amount of alcohol a parent can give their child?
A. No. Excessive supply may be considered to place the child at risk under child welfare legislation. This may be on one occasion or over a period of time. Serious cases would require a notification of "child at risk" to DOCS.

Q. Can a coach of an under 18 sporting team supply alcohol to the team at an after game function?
A. No.
A penalty of up to $11,000 apllies for each instance of a person under 18 being supplied alcohol. If the incident occurs in a public place, penalties also apply to the minors for possession of alcohol in a public place.

Q. Does it make a difference whether alcohol is sold or given to people under 18 years of age?
A. There is no difference,
Maximum of $11,000 applies.

Q. Is it illegal for a person who is under 18 to supply alcohol to another person who is also under 18.
A. Yes.
Maximum penalty = $11,000 times the number of individuals to whom the alcohol is supplied.


 

 

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