Intro
This fact sheet summarises the provisions in the Liquor Control Act 1988 (LC Act) which set out when juveniles may be on a licensed premises.
A juvenile is a person under the age of 18 years. Juveniles are only allowed to be on licensed premises for a limited number of reasons. If one of these does not apply, the juvenile, the licensee and any employee of the licensee who permits the juvenile to enter or remain on the premises, each commit an offence which is subject to a penalty.1
Read on for more information, or click on one of the headings to go to that topic:
There are a range of circumstances where juveniles are permitted on the licenced premises. In the following circumstances, juveniles are allowed to enter or remain in a place where the sale of alcohol is authorised:
It is not an offence for juveniles to be on a licensed premises if they are:
For more information about the last three dot points, see the DLL policy Approval for juveniles to be on licensed premises for more information.
With the approval of the Director, a licensee may (or must, if the DLL requires it) post notices declaring that certain areas of the premises are out of bounds to juveniles:
The out of bounds notice must be printed on paper or durable material of at least A4 size. The heading must be in bold, uppercase letters at least 20mm high, and other text is to be at least 10mm high.17
Notices declaring certain areas out of bounds, and the authorisation to remove juveniles, does not apply to a juvenile who:
If alcohol is sold or supplied to a juvenile on licensed premises, the licensee, any supervising manager and any other person involved each commit an offence. The following penalties apply to:
It is an offence to allow a juvenile to consume alcohol on the licensed premises, for example, if the juvenile consumes someone else’s alcohol, or brings alcohol to the premises to drink. The fine for permitting this to occur is $10,000 for a licensee or manager, and for anyone else, $4000.20
If someone buys alcohol for a juvenile at their request, the purchaser and the juvenile both commit an offence and are both subject to a fine of $2000.21
This document has outlined the permitted reasons for a juvenile to be on a licensed premises. If one of these does not apply and a juvenile enters or remains on the licensed premises, it is an offence, and the following penalties apply:
A juvenile commits an offence, subject to a penalty of $2000 if, on licensed premises they buy, or try to buy alcohol, or bring alcohol there or consume it, or if they have alcohol in their possession at any public place.23
If a juvenile does not meet one of the permitted categories discussed earlier in this document, and enters licensed premises or an out of bounds area, they commit an offence subject to a penalty of $2000, and an authorised person may remove them, using whatever force is reasonably necessary.24 If a juvenile has been removed from the premises but remains in an adjacent area, they commit an offence which is also subject to a penalty of $2000. 25
A person who sends a juvenile to a licensed premises to purchase alcohol commits an offence, subject to a fine of $2000. 26
A licensee who employs a juvenile to sell, supply or serve alcohol commits an offence subject to a penalty of $10,000.27
It is a defence against these offences if it can be shown that the juvenile to whom the alcohol was supplied is:
It is also a defence if the person selling or supplying the alcohol believed on reasonable grounds that the person was not a juvenile, and the juvenile is 16 years of age or older.29
In any proceedings to determine whether an offence occurred, any person who alleges that a juvenile was accompanied by a responsible adult must establish that the person was a responsible adult. A responsible adult is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or any other person acting in place of a parent. 30
There are a number of offences relating to juveniles which apply on regulated premises. Regulated premises do not have a liquor licence and are any area, premises or place:
The following are offences on regulated premised , and subject to the following penalties:
If alcohol is provided to a juvenile on regulated premises, it is a defence for the licensee, occupier or manager if all of the following apply:
The same defences apply to regulated premises, as apply to licensed premises. That it, it is also a defence if a juvenile was supplied alcohol on at a regulated premises if the juvenile:
Similarly, a person providing alcohol to a juvenile on regulated premises has a defence if they believed on reasonable grounds that the person was not a juvenile, and the juvenile was 16 years of age or older.45
A licensee may apply to the DLL for approval to provide entertainment solely for juveniles, on the licensed premises.46 The DLL may approve the application if satisfied that it is appropriate and may impose terms and conditions on the approval.47
The application must be in a form approved by the DLL and supported by any information required by the DLL. It must be lodged at least 14 days before the day the entertainment is to be held. The fee for the application48 is set out in Schedule 3 of the LC Regs. The application will not be considered until the fee is paid.
At any time before the event, if the DLL is no longer satisfied that it is appropriate for the event to go ahead, the DLL may notify the licensee in writing.49
Any approved juvenile entertainment is not to be subject to an arrangement where the benefit from the event is shared with any other person, unless this was an approved part of the application, or the DLL has approved the arrangement in writing.50 For more information about DLL requirements for juvenile functions, go to the DLL policy, Approval for juveniles to be on licensed premises.
Further information on licence requirements is available, or contact 61 8 6551 4888.
The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.