Australia is well-known for its culture of social drinking, and in particular, binge-drinking. Despite the known health risks associated with drinking at a young age, underage drinking is unfortunately, quite a common occurrence. Contrary to common belief, Australia does not actually have a ‘legal drinking age’ as such. While people under the age of 18 are not allowed to buy, sell, possess or drink alcohol in public areas or on licensed premises, there are no laws preventing a minor from drinking in a private home. This does not mean that there are no penalties that can be issued as society still aims to prevent and deter the occurrence of underage drinking, but it does beg the question of who is ultimately responsible.
At Licensed Venues
Underage drinking in a licensed venue is illegal under s119 and s129 of the Liquor Act 2007 (NSW) and a licensee can incur any of the following penalties:
- An on-the-spot fine of $1100
- A court imposed fine of up to $11 000 and/or 12 months imprisonment
- Suspension or cancellation the venue’s liquor licence
These penalties are also applicable to any person who attempts to obtain alcohol at the licensed premises on behalf of the minor and without the minor’s parent or guardian’s permission.
In a situation where a parent or guardian is accompanying a minor at a licensed venue, they have a legal responsibility to prevent the minor from consuming alcohol. If a parent/guardian allows a minor to consume alcohol at a licensed venue, they can incur any of the following penalties:
- An on-the-spot fine of $330
- A court imposed fine of $3300
Thus in situation of underage drinking at a licensed venue, both the licensee and the parent/guardian can be held responsible.
On Unlicensed Premises
Often minors will source alcohol through secondary supply, however this is only legal if supplied by the minor’s parents/guardians, people authorised by the parent/guardian, or people who have parental rights and responsibilities for the minor. The supply of alcohol to a minor on an unlicensed premise by anyone other than those aforementioned can also incur the following penalties:
- An on-the-spot fine of $1100
- A court imposed fine of up to $11 000 and/or 12 months imprisonment
- Suspension or cancellation the venue’s liquor licence
But I Said Its Okay?
While it is not illegal for a parent/guardian to supply their minor with alcohol on a private premises, the supply and consumption must occur in their presence and under responsible supervision, as stipulated by s118 Liquor Act 2007 (NSW). The courts consider a number of factors when determining whether responsible supervision of a minor was given in such a circumstance. These include:
- The age of the child
- Whether the parent, guardian or authorised person was intoxicated
- Whether the child was consuming food with the alcohol
- The quantity and type of alcohol
- The time period over which it was supplied
Penalties can be issued when alcohol is supplied in a manner not consistent with the responsible supervision of the minor, or to a minor who is intoxicated. These include:
- An on-the-spot fine of $1100
- A court imposed fine of up to $11 000 and/or 12 months imprisonment
- Suspension or cancellation the venue’s liquor licence
It is interesting to note that it is also illegal for an adult to send a minor to obtain alcohol on their behalf, even if the minor is not intending to consume it.
Thus, it is clear that in circumstances of inappropriate underage drinking, the law holds those with authority and responsibility ultimately accountable. An environment where underage drinking is legal and appropriate is quite narrow so the safest option will always be to discourage any form of underage drinking which will simultaneously avoid any health risks.
Make sure you are aware this party season. Contact Freedman & Gopalan Solicitors on 02 8917 8700 if you have been involved in an underage drinking offence, or wish to know more about this issue