New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 117

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).

(5B) Despite subsection (4), a licensee or another person who is delivering packaged liquor on behalf of a licensee or other person that has sold the liquor by retail, irrespective of the State or Territory in which the sale is made, must not supply the packaged liquor to a minor.

: Maximum penalty--100 penalty units or 12 months imprisonment or both.

(5C) It is a defence to a prosecution under subsection (5B) 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

(i) that may reasonably be accepted as applying to the person, and

(ii) proving that the person was of or above the age of 18 years.

(5D) It is also a defence to a prosecution under subsection (5B) for the person who delivered the liquor if it is proved that at the time of the alleged offence the person did not know, and could not reasonably be expected to have known, that the person was delivering liquor.

Example : A courier delivers a package on behalf of an interstate retailer and is unaware the delivery includes liquor.

(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.