Underage drinking laws

Underage drinking laws

Anyone under the age of 18 years old is considered a minor. 

Significant penalties can apply to anyone selling or supplying liquor to a minor in NSW, including:

• on-the-spot penalty notice of $1100
• court imposed fines of up to $11,000 and/or 12 months' imprisonment
• the licensee or approved manager can be permanently disqualified and the liquor licence suspended.

Parents, guardians, and responsible adults

Parents and guardians have responsibilities under the NSW liquor laws, when accompanying and supervising minors in licensed venues, to prevent them from consuming alcohol in a licensed venue.

For example, if a parent, or otherwise responsible adult, allows a minor to consume alcohol in a licensed venue that is a hotel or club, they risk an on-the-spot penalty notice of $330 or court imposed fine of $3300.

To avoid a penalty, they must prove that they were not the responsible adult in relation to the minor at the relevant time.

Alcohol sales through the internet or other media

Businesses that sell alcohol by taking orders through their website or other remote ordering method need to display their licence number on their website, in advertisements and published or digital promotions like newsletters.

A maximum court imposed fine of $2200, or an on-the-spot penalty of $220, applies to a licensee for these offences.

Licensees must also require the buyer to supply their date of birth to confirm the buyer is at least 18 years of age. A buyer only needs to supply their date of birth once if the licensee records it for future purchases.

Licensees must give clear written instructions to the person delivering the alcohol. The alcohol must be delivered to one of the following:

• the adult who ordered it
• another adult at the delivery address who agrees to accept it, or
• if the delivery is made on a different day from when the order was placed, it must follow the customer’s delivery instructions.

Failure to meet these requirements can result in a maximum court-imposed fine.

What is a Penalty Unit?

A penalty unit is a way the law sets fines. Instead of listing every fine as a dollar amount, the law uses 'penalty units' which are then multiplied by a set dollar value. In NSW, one penalty unit is currently worth $110.

So, if a law says the fine is 20 penalty units, that means the maximum fine is $2200 (20 × $110).

This system makes it easier to update fines over time – if the value of a penalty unit changes, all fines based on it change automatically.

Value of penalty units

1 penalty unit is equal to a fine of $110 (Revenue, 1 September 1997).