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Purpose

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.

Background

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:

• When juveniles are permitted on licensed premises
• When it is not an offence for a juvenile to be on licensed premises
• Out of bounds notices
• Offences on licensed premises
• Offences on regulated premises
• Application for approval for a juvenile function on licensed premises

When juveniles are permitted on licensed premises

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:

• if it is a licensed club, it is not against the rules of the club, is permitted by the club committee and does not contravene a condition of the licence²
• if they reside there, and are a family member of one of the following: the licensee, occupier, lodger or a person employed on the premises³
• if under the supervision of a responsible adult⁴ at: 
  • a reception which is authorised by an occasional licence or special facility licence⁵
  • at a licensed restaurant.
• if they are obtaining a meal, if that part of the premises is primarily for serving meals⁶
• where attending a transport terminus issued with a special facility licence – transport category⁷
• if approved by the DLL⁸
• for a lawful business, for example, a juvenile apprentice plumber repairing plumbing at a nightclub 
• if there is no other convenient way to get into an area where alcohol is not sold and juveniles are allowed, so they must pass through the licensed area.⁹

When it is not an offence for a juvenile to be on licensed premises

It is not an offence for juveniles to be on a licensed premises if they are:

• with a responsible adult and under their supervision¹⁰
• attending for the purpose of obtaining a meal¹¹
• employed there, but not to sell or supply alcohol (which is an offence)¹²
• in a part of the premises where the DLL has approved juveniles to be present, for example for a juvenile function¹³
• engaged in an approved training course on the licensed premises¹⁴
• employed to serve alcohol ancillary to a meal if their employment was approved by the DLL and they have either enrolled in or completed an approved training course.¹⁵

For more information about the last three dot points, see the DLL policy Approval for juveniles to be on licensed premises for more information.

Out of bounds notices

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:

• for part, or all of the premises
• at all times, or at certain times.¹⁶

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:

• resides at the premises, being a family member of the licensee, occupier, an employee or lodger
• is present to carry out a lawful business and does not drink any alcohol 
• is passing through the licensed area to get to an area where alcohol is not sold and juveniles are allowed, and there is no other convenient way to get there 
• is doing a training course approved by the DLL 
• is employed at the premises to serve alcohol ancillary to a meal and has either enrolled in, or completed an approved course 
• is present at a part of the premises which the DLL has approved for juveniles to be present.¹⁸

Offences on licensed premises

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:

• a licensee or manager, $10,000 
• any other person who sells or supplies the alcohol, $4000 
• any other person involved, $2000.¹⁹

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:

• $10,000 for the licensee or manager 
• $4000 for the employee or agent 
• $2000 for the juvenile.²²

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:

• residing at the premises, and they are a family member of one of the following - the licensee, manager, occupier, or a person employed on the premises and the alcohol was free; or 
• the spouse or de facto partner of a lodger of the premises.²⁸

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

Offences on a regulated premises

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:

• which is adjacent to and often used in conjunction with a licensed premises 
• where a permit applies, such as an extended trading permit 
• on which alcohol may lawfully be supplied 
• which can be hired by the public or which the public is admitted to, where entertainment or refreshment is available, or is otherwise used for the purpose of financial gain 
• where foods, light refreshments or non-intoxicating drinks are usually sold or served to the public for consumption there 
• occupied by a club which does not have a liquor licence 
• which is a road, footpath or reservation adjoining the road, or a vehicle which is on or near the road 
• which is a theatre³¹
• which is an educational institution or its grounds³²
• for which an exemption from the LC Act applies, these being for:
  • live entertainment venues³³
  • functions³⁴
  • the complimentary supply of alcohol by a business³⁵
  • farmers’ markets³⁶
  • on-demand charter vehicles³⁷
  • liquor competitions (for example, where wine is assessed by a judge).³⁸

The following are offences on regulated premised , and subject to the following penalties: 

• a person sells or supplies alcohol to a juvenile, $10,000³⁹
• a juvenile enters or remains on a part of a regulated premises, and is not there to get a meal, $2000⁴⁰
• a person accompanying a juvenile as a responsible adult, permits the juvenile to enter or remain when they are not there for a meal, $4000⁴¹
• a juvenile buys, or tries to buy alcohol, or brings alcohol there, or consumes alcohol, $2000.⁴²

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: 

• they personally did not sell or supply the alcohol
• juveniles were not enticed to where the alcohol was sold, supplied or consumed 
• proper diligence was exercised to prevent the sale, supply or consumption of alcohol by juveniles.⁴³

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: 

• resides on the regulated premises, is a family member of one of the following — the licensee, occupier or a person employed on the premises and the alcohol was provided for free 
• is the spouse or de facto partner of a lodger of the premises.⁴⁴

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

Application for approval for a juvenile function on licensed premises

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. 

Additional guideance

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

Disclaimer

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.

Notes

1. LC Act s121(4)
2. LC Act s120(1)(a)
3. LC Act s s120(1)(b)
4. A responsible adult is someone whose relationship to the juvenile is parent, step-parent, spouse, de facto partner, legal guardian or any other person acting in the place of a parent s125(2)(b)
5. LC Act s s120(1)(c)(i) and (ii)
6. LC Act s120(1)(c)(iii)
7. LC Act s120(1)(d)
8. LC Act s120(1)(e)
9. LC Act s120(2)
10. LC Act s121(5)(a)(i)
11.  LC Act s121(5)(a)(ii)
12. LC Act s121(5)(d)
13. LC Act s121(5)(ba)(i)
14. LC Act s121(5)(c)
15. LC Act s121(11)
16. LC Act s121(6)
17. LC Regs, r17
18. LC Act s121(8)
19. LC Act s121(1)
20. LC Act s121(2).
21. LC Act s121(3)
22. LC Act s121(4)
23. LC Act s123(1)
24. LC Act s121(7)
25. LC Act s121(7a)
26. LC Act s124
27. LC Act s121(10)
28. LC Act s125(1)(a)
29. LC Act s125(b)
30. LC Act s125(2)
31. LC Regs r18(a)
32. LC Regs r18(b)
33. LC Regs r18(c)
34. LC Regs r18(b)
35. LC Regs r18(e)
36. LC Regs r18(d)
37. LC Regs r18(f)
38. LC Regs r18(g)
39. LC Act s122(2)
40. LC Act s122(3)(a)
41. LC Act s122(3)(b)
42. LC Act s123(1)
43. LC Act s125(1)(c)
44. LC Act s125(1)(a)
45. LC Act s125(b)
46. LC Act s126A(1)
47. LC Act s126B(1)
48. LC Act s126A
49. LC Act 126B(2)
50. LC Act s126B