Underage drinking
Learn about rules and responsibilities related to underage drinking in NSW. Including information for communities, workers and businesses.
Checking evidence of age
In NSW you must be at least 18 years old to:
enter a licensed venue that sells alcohol (unless you're with a responsible adult in certain family-friendly areas).
purchase or consume alcohol in any licensed venue or public setting.
To make sure alcohol is served responsibly, anyone who looks under 25 years old can show proof of age when entering a place that sells alcohol or when buying or drinking alcohol there.
Accepted proof of age documents include
- NSW Driver's Licence or NSW Digital Driver's Licence (learners, provisional, and full licences are accepted)
- Interstate Driver's Licence or Interstate Digital Driver's Licence from another state, territory, or any foreign country
- Australian or other passport
- NSW photo card
- Proof of age card issued by a public authority of the Commonwealth or another State or Territory
- Keypass (over-18) identity card issued by Australia Post.
Tips for licensed venues when checking evidence of age
Tips for identifying a genuine proof of age document, include:
- examine IDs in a well-lit area to spot alterations more easily
- ask patrons to remove IDs from wallets for inspection
- take your time examining the ID and avoid handling patrons' phones for digital licenses
- check for holograms or security features on the ID
- compare the photo with the patron and pay attention to distinguishing facial features
- feel around the photo, birth date, and edges for signs of tampering
- ensure the date of birth confirms the patron is at l 18 years old
How to check ID
Refer to Service NSW website for how to check the NSW Digital Driver Licence or VIC roads for how to check the Victorian Digital Driver Licence.
Minors in licensed venues
Minors are allowed in many licensed venues in NSW. However, there are strict controls in place for some types of venues, particularly:
- small bars
- hotels
- registered clubs
- packaged liquor.
This is to prevent minors from getting access to alcohol and to ensure they are adequately supervised by a responsible adult.
Under NSW liquor laws, a responsible adult is defined as an adult who is:
- a parent, stepparent or guardian of the minor
- the minor's spouse or de facto partner
- standing in as the parent of the minor for the time being.
Offences for minors
Under NSW liquor laws, minors can be fined for breaking the law, such as entering or remaining in certain areas of hotels or registered clubs and consuming alcohol on a licensed premises.
A list of offences and penalties that apply to minors who break the law see underage drinking fines.
Exceptions to the rule
Minors in small bars
A minor may legally enter and remain in a small bar that regularly provide meals if they are with a responsible adult, or if the small bar has a minors authorisation in place.
Get more information on small bar licence.
Minors attending a function
A minor can avoid a penalty for being in an off-limits area of a bar or hotel if they can prove that they believed on reasonable grounds that a minors functions authorisation was in force for the restricted area of a bar or hotel.
A 'functions authorisation' allows minors to be in restricted areas of a hotel or bar that would normally be off-limits to them. This is often used for events like weddings or birthday parties where families, including minors, are present.
Minors attending weddings in a club bar area
Minors can be in the bar area of a club if they're attending a wedding reception for a club member, a club member's child or parent, or someone the club member has been a guardian for. The minor must have received a formal invitation to the reception.
Apprentices and trainees
Minors can be in certain parts of a hotel or a licensed public entertainment venue without an adult if they are:
- an apprentice or trainee getting trade training (not related to alcohol)
- learning how to service, repair, or maintain gaming machines under the supervision of a licensed technician.
This is called a 'minors area authorisation in force'.
Apprentice and trainee is defined in the Apprentice and Traineeship Act 2001.
Minors performing in a bar area
Minors can be in the bar area of a hotel or club if they are with a responsible adult and performing in a show or live entertainment.
Minors travelling through a bar area
Minors can walk through the bar area of a hotel or club if they are with a responsible adult and need to get to another part of the hotel or club where they are allowed to be.
They can stay in the bar area only as long as needed to get to the other area.
Unaccompanied minors and bottle shops
Unaccompanied minors are not allowed in bottle shops, liquor sales areas of supermarkets, or places where liquor is sold in sealed containers for taking away.
Adults must not leave minors alone in these areas.
Exceptions include:
- liquor sold for takeaway or home delivery from a business that doesn't allow walk-up sales (like a home office)
- minors in a supermarket with a liquor sales area, but not in the liquor sales area itself
- minors who leave the area soon after being told they can't be there
- minors who are employees and not involved in selling or supplying liquor, with approval from the Independent Liquor & Gaming Authority.
Special approval from the Liquor and Gaming Authority
Minors can be in a hotel, club, public entertainment venue, or a place with a package liquor license if they have approval from the Independent Liquor and Gaming Authority for a specific purpose or situation
The Independent Liquor and Gaming Authority can approve specific reasons or situations when a minor can stay in a hotel, club, public entertainment venue, or a place with a package liquor licence.
Apply for approval for under 18s to access licensed premises
Schoolies
Talking points to discuss
Underage drinking laws
In NSW, if you're under 18 years old, it's illegal to:
- buy or try to buy alcohol in a licensed place
- drink alcohol in a licensed place
- drink or carry alcohol in an alcohol-free zone.
It's also illegal for anyone to sell or give alcohol to someone under 18.
Breaking these laws can lead to fines up to $2200 per offence. The licensee or manager can also be permanently disqualified, and the liquor license can be suspended.
Proof of age
If you look under 25 years old, you might need to show proof of age when entering a licensed venue or buying alcohol. Accepted IDs include:
- NSW Driver's Licence or Digital Driver's Licence (learners, provisional, and full licences)
- Interstate Driver's Licence or Digital Driver's Licence from another state, territory, or country
- Australian or other passport
- NSW photo card
- Proof of age card from a public authority of the Commonwealth or another state or territory
- Keypass identity card from Australia Post.
It's illegal to use fake ID to prove your age. Using a fake ID can result in a fine up to $2200 or an on-the-spot penalty of $220. Provisional drivers may also have 6 months added to their licence.
Adults who let a minor use their ID can be fined up to $3300 or given an on-the-spot fine of $330.
Plan for risky situations
What to do if they can't get home or back to where they're staying:
- Find a safe place to wait.
- Call a trusted adult or friend for help.
How to contact you if there's a problem
- Make sure they have your phone number saved.
- Teach them how to send a quick message or call you.
How to identify warning signs or red flags
- Notice if someone is acting strangely or making them uncomfortable.
- Be aware of their surroundings and trust their instincts.
An exit plan for uncomfortable situations
- Have a code word to use if they need to leave.
- Know safe places they can go if they need to get away.
Using technology for safety
- Show them how to pin their location and send it to a safe person.
- Teach them how to use the emergency SOS feature on their phone.
Looking out for friends
- Keep an eye on friends who might be drunk or in a risky situation.
- Stay together and watch out for each other.
Keeping drinks safe
- Always watch their drinks.
- Be aware of drink spiking and never leave their drink unattended.
Reassure them
- Let them know they won't be in trouble for contacting you or needing help.
- Encourage them to call the police or 000 if they are in danger.
Resources
Standard drink and alcohol guidelines
Drinking alcohol can affect your body and your mind. Get more information on the Standards drink guide.