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Contents (2007 - 90)
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Liquor Act 2007 No 90
Current version for 1 December 2019 to date (accessed 6 December 2019 at 14:50)
Part 7
Part 7 Special provisions relating to minors
Division 1 Underage drinking
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—100 penalty units or 12 months imprisonment (or both).
(2) Supplying liquor to minors on licensed premises A person must not supply liquor to a minor on licensed premises.
Maximum penalty—100 penalty units or 12 months imprisonment (or both).
(3)  It is a defence to a prosecution for an offence under subsection (1) or (2) if it is proved that—
(a)  the person to whom the liquor was sold or supplied was of or above the age of 14 years, and
(b)  before the liquor was sold or supplied to the person the defendant was provided with an evidence of age document that may reasonably be accepted as applying to the person and as proving that the person was of or above the age of 18 years.
(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—
(a)  the person is a parent or guardian of the minor or is authorised to supply liquor to the minor by a parent or guardian of the minor, and
(b)  the supply is consistent with the responsible supervision of the minor.
Maximum penalty—100 penalty units or 12 months imprisonment (or both).
(5)  The matters that are considered to be relevant in determining whether the supply of liquor is consistent with the responsible supervision of a minor for the purposes of subsection (4) include the following—
(a)  the age of the minor,
(b)  whether the person supplying the liquor to the minor is intoxicated,
(c)  whether the minor is consuming the liquor with food,
(d)  whether the person supplying the liquor is responsibly supervising the minor’s consumption of the liquor,
(e)  the quantity and type of liquor supplied and the period of time over which it is supplied,
(f)  such other matters as may be prescribed by the regulations.
(5A)  The supply of liquor to a minor who is intoxicated is not, in any circumstances, consistent with the responsible supervision of the minor for the purposes of subsection (4).
(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.
Maximum penalty—100 penalty units or 12 months imprisonment (or both).
(7)  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.
(8) Allowing liquor to be sold or supplied to minors on licensed premises A licensee must not, on licensed premises, allow liquor to be sold or supplied to a minor.
Maximum penalty—100 penalty units or 12 months imprisonment (or both).
(9)  It is a defence to a prosecution for an offence under subsection (8) if it is proved that the liquor was supplied to the minor by the parent or guardian of the minor.
(10) Burden of proof In the prosecution for an offence under this section, the burden of proving that a person was a parent or guardian of a minor, or was authorised by a parent or guardian of a minor, is on the person charged.
(11)  In the application of this section to an on-premises licence that relates to a catering service, a reference to licensed premises does not include any private domestic premises.
(12)  For the purposes of this section, supply of liquor includes serving liquor to a person.
118   Offences relating to consumption etc of liquor by minor
(1) Minor not to obtain, consume or carry away liquor A minor must not—
(a)  consume liquor on licensed premises, or
(b)  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
(c)  obtain, or attempt to obtain, liquor for consumption on licensed premises, or
(d)  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—20 penalty units.
(2) Person not to send, order or request minor to obtain liquor A person must not—
(a)  send a minor to licensed premises, or
(b)  order or request a minor to go to licensed premises,
for the purpose of obtaining liquor.
Maximum penalty—30 penalty units.
(3)  In the application of this section to an on-premises licence that relates to a catering service, a reference to licensed premises does not include any private domestic premises.
119   Licensee not to allow minors to sell or supply liquor on licensed premises
A licensee must not cause or allow a minor to sell, supply or serve liquor on the licensed premises except with the approval of the Authority.
Maximum penalty—50 penalty units.
120   Responsible adult not to allow minor to consume liquor on licensed premises
(1)  If, under this Act, a minor is required to be accompanied by a responsible adult while in a hotel or on club premises, the responsible adult who is accompanying the minor must not allow the minor to consume liquor on the licensed premises.
Maximum penalty—30 penalty units.
(2)  In the prosecution for an offence under this section, the defendant has the burden of proving that he or she was not the responsible adult in relation to the minor at the relevant time.
Division 2 Minors on licensed premises
121   Minors in hotels in company of responsible adult
(1)  The Authority may, on the application by a hotelier, grant an authorisation (a minors area authorisation) to enable the use by a minor of a specified part of the hotel while in the company of a responsible adult.
Note.
 Section 51 applies to a minors area authorisation.
(2)  The specified part of the hotel to which a minors area authorisation applies may, if the authorisation so provides, comprise the whole of the hotel.
122   Functions for minors in hotels and public entertainment venues
(1)  In this section—
licensed premises means a hotel or a licensed public entertainment venue.
(2)  The Authority may, on application by the licensee concerned, grant an authorisation (a minors functions authorisation) to enable minors to attend a function or functions in a specified part of licensed premises.
Note.
 Section 51 applies to a minors functions authorisation.
(3)  A minors functions authorisation is to designate function areas (that is, each part of the licensed premises on which the functions concerned are permitted to be held) and access areas (that is, each part of the licensed premises through or by means of which persons attending those functions are to be permitted to obtain entry to or to depart from a function area).
(4)  Without limiting section 51, a minors functions authorisation is subject to the following conditions—
(a)  at least 7 days notice must be given to the local police before any function is held,
(b)  the notice must specify the name and nature of the function, the number of minors attending, the number of adult supervisors, details of the security arrangements and such other particulars as may be prescribed by the regulations,
(c)  the licensee and person conducting the function must comply with any directions given by the local police or the Authority with respect to the conduct of functions for minors,
(d)  liquor must not be sold, supplied, disposed of or consumed in the area in which a function is held,
(e)  gaming machines and tobacco vending machines must not be located in the area in which a function is held and any area of the licensed premises in which gaming machines or tobacco vending machines are located must not be accessible to any minor attending the function,
(f)  such other conditions as may be prescribed by the regulations.
(5)  A licensee is guilty of an offence if any conditions of a minors functions authorisation held by the licensee are contravened.
Maximum penalty—20 penalty units.
(6)  Nothing in this section prevents a minors functions authorisation from applying to the whole of the licensed premises concerned.
(7)  For the purposes of this section, function includes, but is not limited to, a function as defined in section 4(1).
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.
(2)  A minor does not commit an offence under subsection (1) if—
(a)  the minor is an apprentice or trainee (within the meaning of the Apprenticeship and Traineeship Act 2001) and has entered, or is on, the licensed premises concerned for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee, or
(b)  the minor has entered, or is on, the licensed premises concerned for the purpose only of receiving training and instruction in respect of the servicing, repair or maintenance of gaming machines under the supervision of the holder of a technician’s licence within the meaning of the Gaming Machines Act 2001.
(3)  A minor does not commit an offence under subsection (1)(a) if the minor—
(a)  is present in the bar area only for so long as is reasonably necessary to pass through the area in order to conveniently gain access to another area of the hotel or club premises that the minor may enter without contravening this Act, or
(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.
(4)  A minor does not commit an offence under subsection (1)(a) in relation to being in the bar area of club premises if—
(a)  a reception is being held in the bar area in association with the wedding of a member of the club or of a person who is a child or parent of a member of the club or for whose maintenance a member of the club is or has been responsible, and
(b)  the minor has been invited to the reception by a person entitled to issue the invitation.
(5)  It is a defence to a prosecution for an offence under subsection (1)(a) or (c) if it is proved that the defendant believed on reasonable grounds that a minors functions authorisation was in force at the relevant time to enable minors to attend a function in a bar area of the hotel or in the public entertainment venue.
(6)  In the prosecution for an offence under this section, the defendant has the burden of proving that a particular person was the responsible adult in relation to the defendant at the relevant time.
124   Licensee not to allow minors to enter or remain in certain licensed premises
(1)  If a minor—
(a)  enters a bar area of a hotel or club premises, or
(b)  enters a part of a hotel to which a minors area authorisation is in force, but is not in the company of a responsible adult, or
(b1)  enters a small bar during trading hours, or
(c)  enters a licensed public entertainment venue, but is not in the company of a responsible adult,
the licensee is guilty of an offence.
Maximum penalty—50 penalty units.
(2)  If a minor—
(a)  is in a bar area of a hotel or club premises, or
(b)  is in a part of a hotel to which a minors area authorisation is in force, but is not in the company of a responsible adult, or
(b1)  is in a small bar during trading hours, or
(c)  is in a licensed public entertainment venue, but is not in the company of a responsible adult,
the licensee is guilty of an offence unless the minor is immediately removed from the area or premises concerned.
Maximum penalty—50 penalty units.
(3)  A licensee does not commit an offence under this section if the minor—
(a)  is at least 14 years of age and produces to the licensee (or an employee or agent of the licensee) an evidence of age document that may reasonably be accepted as applying to the minor and as proving that the minor is of or above the age of 18 years, or
(b)  is an apprentice or trainee (within the meaning of the Apprenticeship and Traineeship Act 2001) who has entered, or is on, the licensed premises concerned for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee, or
(c)  has entered, or is on, the licensed premises concerned for such purposes, or in such circumstances, as may be approved by the Authority and are specified in the licence concerned.
(4)  A licensee does not commit an offence under this section in relation to a minor entering, or being or remaining in, a bar area of a hotel or club premises if the minor—
(a)  is present in the bar area only for so long as is reasonably necessary to pass through the area in order to conveniently gain access to another area of the hotel or club premises that the minor may enter without contravening this Act, and
(b)  is in the company of a responsible adult while in the bar area.
(5)  A licensee does not commit an offence under this section in relation to a minor being in the bar area of club premises if—
(a)  a reception is being held in that area in association with the wedding of a member of the club or of a person who is a child or parent of a member of the club or for whose maintenance a member of the club is or has been responsible, and
(b)  the minor has been invited to the reception by a person entitled to issue the invitation.
(6)  A licensee does not commit an offence under this section in relation to a minor being in a licensed public entertainment venue if a function is being held in the venue in accordance with a minors functions authorisation.
(7)  In the prosecution for an offence under this section, the defendant has the burden of proving that a particular person was the responsible adult in relation to a minor at the relevant time.
125   Responsible adult not to leave minor unaccompanied on licensed premises
(1)  If, under this Act, a minor is required to be accompanied by a responsible adult while in a hotel or licensed public entertainment venue, the responsible adult who is accompanying the minor must not leave the minor unaccompanied on the licensed premises without first informing the licensee or an employee or agent of the licensee.
Maximum penalty—30 penalty units.
(2)  In the prosecution for an offence under this section, the defendant has the burden of proving that he or she was not the responsible adult in relation to a minor at the relevant time.
126   Minors must be refused entry to licensed premises
If—
(a)  a responsible person for a hotel, club premises, small bar or licensed public entertainment venue is aware that a person (the relevant person) who may reasonably be suspected of being under the age of 18 years is attempting to enter the licensed premises, and
(b)  the presence of the relevant person on the licensed premises would, if the relevant person were under the age of 18 years, be an offence under this Act,
the responsible person must refuse the relevant person entry to the premises unless there is produced to the responsible person an evidence of age document that may reasonably be accepted as applying to the relevant person and as proving that the relevant person is of or above the age of 18 years.
Maximum penalty—50 penalty units.
127   Notices to be displayed in relation to minors on licensed premises
(1)  The regulations may make provision for or with respect to the display, on licensed premises or on an internet site through which a licensee offers liquor for sale, of notices in relation to minors.
(2)  Without limiting subsection (1), any such notices may relate to any of the following—
(a)  the exclusion of minors from licensed premises or any part of licensed premises,
(b)  the presence of minors on licensed premises or any part of licensed premises while in the company of a responsible adult,
(c)  the sale of liquor to minors.
(3)  The regulations under this section may create offences punishable by a penalty not exceeding 50 penalty units.
Division 3 Other provisions relating to minors
128   Minor required to provide information
(1)  An authorised person may require a person (the relevant person) who is reasonably suspected of being a minor and who, if a minor, would be committing an offence under this Act—
(a)  to state the relevant person’s full name, residential address and date of birth, and
(b)  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—
(a)  refuse or fail to state his or her full name, residential address and date of birth, or
(b)  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—20 penalty units.
(3)  In this section—
authorised person means a licensee, an employee or agent of a licensee, a police officer or an inspector.
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—20 penalty units.
130   Minors not to be detained
A minor may not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay—
(a)  a penalty for an offence under this Act or the regulations, or
(b)  an amount ordered to be paid under Division 4 of Part 3 of the Fines Act 1996 in respect of a penalty notice issued under this Act.
Division 4 Additional sanctions for selling liquor to minors on licensed premises
130A   Operation of Division
(1)  This Division provides for the imposition of certain sanctions in addition to any penalty that may be imposed under this Act by a court for offences under section 117(1) or (8) committed on licensed premises.
(2)  This Division does not limit the operation of Part 9 or 9A.
130B   Interpretation
(1)  In this Division—
prescribed offence means an offence under section 117(1) or (8).
(2)  For the purposes of this Division, a relevant prescribed offence event occurs, in relation to a prescribed offence committed by a person, when—
(a)  a court convicts the person of the offence (whether or not it imposes any penalty), or
(b)  an amount is paid under a penalty notice in respect of the offence, or
(c)  a penalty notice enforcement order under the Fines Act 1996 is made against the person in respect of the offence.
(3)  However, if—
(a)  the conviction is overturned on appeal, or
(b)  the person elects, after an amount is paid under the penalty notice, to have the offence dealt with by a court, or
(c)  the penalty notice, or the penalty notice enforcement order to the extent that it applies to the penalty notice, is withdrawn or annulled,
the relevant prescribed offence event derived from the conviction, payment or making of the order is taken not to have occurred. Accordingly, any suspension or cancellation under this Division based on the relevant prescribed offence event ceases to have effect and, in the case of a licence that has been cancelled, the licence is to be restored to the former licensee.
130C   Suspension of licence for first offence
(1)  If a relevant prescribed offence event occurs in relation to a prescribed offence committed on licensed premises, the Authority may, by order in writing served on the licensee, suspend the licence for such period (not exceeding 28 days) as is specified in the order.
(2)  The Authority must not suspend a licence under this section unless the licensee has been given a reasonable opportunity to make submissions in relation to the proposed suspension.
(3)  In deciding whether to suspend a licence under this section, the Authority may, without limitation, take into consideration the compliance history of the licensee in relation to the requirements of this Part.
130D   Automatic 28-day licence suspension for second offence
(1)  A licence is suspended for a period of 28 days if—
(a)  a relevant prescribed offence event occurs in relation to a prescribed offence committed on the licensed premises, and
(b)  the prescribed offence is committed at least 28 days after, but within 12 months of, a prescribed offence previously committed on the licensed premises, and
(c)  a relevant prescribed offence event occurred in relation to that previous offence.
(2)  The suspension of a licence under this section takes effect on the day on which the licensee is notified by the Secretary in writing of the suspension.
130E   Automatic licence cancellation for third offence
(1)  A licence is cancelled if—
(a)  a relevant prescribed offence event occurs in relation to a prescribed offence committed on the licensed premises, and
(b)  during the period of 12 months (but more than 28 days) before the offence is committed a prescribed offence has been committed on the licensed premises on at least 2 previous occasions that were at least 28 days apart, and
(c)  a relevant prescribed offence event occurred in relation to each of those previous offences.
(2)  The cancellation of a licence under this section takes effect on the day on which the licensee is notified by the Secretary in writing of the cancellation. If at the time of the cancellation the licence is suspended under section 130D, the cancellation does not take effect until after the suspension ends.
(3)  If a licence is cancelled under this section, the person who was the licence holder is disqualified from holding a licence for a period of 12 months commencing on the day on which the person is notified by the Secretary in writing of the disqualification. Any such notice may be included in the notice under subsection (2).
130F   Administrative review by NCAT of decision by Authority to suspend licence
(1)  A licensee may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision by the Authority under section 130C to suspend the licence.
(2)  Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997 does not apply to an application to the Civil and Administrative Tribunal for an administrative review of a decision by the Authority under section 130C.