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Purpose

This policy sets out 3 circumstances in which the DLL must approve the presence of a juvenile (a person aged under 18) to be on a licensed premises.

Objectives

The Liquor Control Act 1988 (LC Act) sets out that juveniles are only allowed to be on licensed premises for a limited number of reasons. (See the fact sheet Juveniles on licensed premises for a summary of when juveniles may be on a licensed premises.) If one of these does not apply, the juvenile, the licensee and any employee of the licensee, each commit an offence which is subject to a penalty.¹

This policy sets out the 3 circumstances where the prior approval of the DLL is required before a juvenile is permitted on a licensed premises. These are seeking approval to:

1. employ a juvenile to serve alcohol ancillary to a meal (they must also have done, or be doing, an approved course)
2. allow juveniles to be present on licensed premises to undertake training-based work experience, such as work experience arranged by a school
3. hold a juvenile function at the licensed premises.

For the avoidance of doubt, it is permissible for a juvenile to be employed on a licensed premises if they are not employed in the sale or supply of alcohol,² so a licensee will not need the approval of the Director of Liquor Licensing (DLL) to employ a juvenile to sweep floors, prepare food, clear glasses, plates and cutlery from tables and take orders that do not include alcohol.

However, a juvenile cannot do any work that is part of serving alcohol, such as:

• taking orders or payment for alcohol
• carrying alcohol to a customer’s table
• stocking mini-bars in hotel rooms
• delivering alcohol to a guest’s room
• carrying alcohol to a customer’s vehicle.

A person who employs a juvenile to serve alcohol commits an offence which is subject to a penalty of $10,000.³

Seeking approval to employ a juvenile to serve alcohol ancillary to a meal

It is possible to employ a juvenile to serve alcohol ancillary to a meal if they are at least 16 years old, and are doing, or have done, an approved course, if the licensee seeks the prior approval of the DLL.⁴ To seek approval, complete and submit the Form 18 Application for approval of a juvenile function or email the following details to rgl@dlgsc.wa.gov.au:

• the name, address, and date of birth of the juvenile, plus their email address, if they have one
• written evidence of the juvenile’s enrolment or completion of an approved course*
• the name and address of the premises where the juvenile will work
• confirmation that the juvenile will always be supervised on the licensed premises and will only serve alcohol ancillary to a meal.

*Approved courses include approved VET courses as defined by the Vocational Education and Training Act 1996, such as Certificates, Diplomas and Advanced Diplomas in Hospitality. Approved courses also include accredited higher education courses, as defined by the Higher Education Act 2004.⁵

If the DLL grants approval, the juvenile may serve alcohol ancillary to a meal, if they are supervised at all times.⁶

Training-based work experience for juveniles on licensed premises

A juvenile may be present on a licensed premises to do training-based work experience if they are at least 15 years old and engaged in a training course, and being on the licensed premises is required by the course.⁷

The training institution is required to request the DLL’s approval for the training course by emailing the following information to rgl@dlgsc.wa.gov.au:

• details of the training institution providing the course
• confirmation that the attendance of a juvenile on the licensed premises is a requirement of the course
• confirmation that the training institution will issue each student with a letter stating that they are present on the licensed premises for the purpose of a training course
• confirmation that juveniles will only be present on the licensed premises for training and they will not be involved in the sale or supply of alcohol.
  

An approval by the DLL for a training course will be issued to the training institution and valid for one calendar year.

Application for approval for a juvenile function on licensed premises

A licensee must apply to the DLL for approval to provide entertainment solely for juveniles, on the licensed premises.⁸ The DLL may approve the application if satisfied that it is appropriate and may impose terms and conditions on the approval.⁹

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 application will not be considered until the fee is paid. The fee for the application¹⁰ is set out in Schedule 3 of the LC Regs.

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.¹¹

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.¹²

DLL requirements for juvenile functions

The DLL requires that:

• the function is aimed at juveniles aged 13 to 17 years. People over the age of 18 will only be permitted entry if they are there to supervise the juveniles under 13
• the function is to be alcohol, smoke and drug free
• alcohol must not be advertised, sold, supplied or consumed in the part of the licensed premises where the juvenile function will be held
• the function be appropriate for juveniles. For example, it would be inappropriate to name the event ‘XTC’ or promote it as a rave
• pass-outs (such as stamps, tickets and wristbands) that enable juveniles to leave and then re-enter are not allowed
• all juveniles must leave the premises at closing time
• crowd controllers may be required (see the security licensing conditions policy for more information).

Juvenile functions will not be approved in the Perth CBD or Northbridge precincts and in general, will not be approved after 11pm.

In the application, the licensee must set out:

• the nature of the event
• the area which will be used for the function
• the management strategies that will be adopted to ensure the function is run appropriately. 

Please note that the DLL will liaise with the Western Australia Police Force about your application. Licensees should not advertise or promote the function until the application is approved. The application fee is not usually refunded even if the application is refused or withdrawn.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy 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.

Notes

1. Liquor Control Act 1988 (LC Act) s121(4)
2. LC Act s121(5)(d)
3. LC Act s121(10)
4. LC Act s121(11)
5. Liquor Control Regulations 1989 (LC Regs) r18F. Training courses prescribed (Act s. 121(11)(d))
6. LC Act s121(11)
7. LC Act s121(5)(c)
8. LC Act s126A(1)
9. LC Act s126B(1)
10. LC Act s126A
11. LC Act 126B(2)
12. LC Act s126B.

Approval

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