Alcohol

  • If you’re under 18, it’s against the law for you to buy alcohol. It’s also against the law to use a fake ID to try and buy alcohol or get into a pub, club or bar.
  • If you’re under 18, it’s against the law to be on licensed premises unless you’re with a parent, and even then you’re not allowed to drink.
  • If you’re caught breaking the law, you can be fined, given a caution or warning.
  • There are no laws that make it a crime to drink alcohol on private premises BUT if you’re having a party it’s a good idea to get permission from the parents of anyone who is under 18.

When can I buy alcohol?

 

If you are under 18, it is against the law for you to buy alcohol. It is also against the law for anyone to sell you alcohol.

 

What if I am under 18 and someone sells me alcohol anyway?

 

If you are caught buying alcohol and you are under 18, you can:

  • get a warning or caution from police; or
  • get a $200 on the spot fine from the police; or
  • choose to have the matter decided by a court (which may fine you $2,000 if you are convicted).

 

It is up to the police to decide whether to give you a warning or a formal caution. If the police decide to fine you, then you can either choose to pay, or take the matter to court.

 

The person selling you alcohol can also be fined heavily.

 

Do I need to show ID?

 

If you’re buying alcohol, or entering part of a pub, club or bar that is restricted to adults, and look like you might be under 18, the staff can ask you to provide proof of age (a valid driver’s license, photo card, or passport showing that you are over 18). Most places will always ask if you look younger than 25.

 

If you don’t have ID, you can be refused entry to a place or not allowed to buy alcohol. A police officer can also ask for this information. If you don’t show ID, or use a fake ID, you are breaking the law and can:

 

  • be given a warning or caution;or
  • be fined $200 on the spot by the police; or
  • choose to have the matter decided by a court (which may fine you up to $2,000 if you are convicted).

 

Fake IDs can be confiscated. For more information see our Fake ID page.

 

When and where can I drink alcohol?

 

Drinking on licensed premises

 

Licensed premises are public places that have been given a license by the government to sell or serve alcohol. These include bottle shops, pubs, bars, clubs, and some restaurants (called licensed restaurants).

 

If you are under 18, it is against the law for you to drink, get, or be given alcohol on licensed premises. It doesn’t matter if you are with your parent or guardian. If you are caught, you can be:

 

  • get warning, a formal caution from the police; or
  • get a $200 fine on the spot from police; or
  • choose to have the matter decided by a court (which may fine you up to $2,000 if you are convicted).

 

The police decide which penalty to apply, but you can always choose to go to court instead.

 

Remember, it’s also against the law for you to even be on licensed premises (say a pub, club or bar) unless you are under the care of a parent or responsible adult or you’re having a meal, or if it’s a licensed restaurant and you are there to have a meal. 

 

 

Drinking on private premises

 

Private premises are places like your home or a friend’s home. There is no law which says you cannot drink on private premises when you are under 18. But anyone selling you alcohol can be fined.. For more information on drinking at private parties and parties in general, check out our page on “Parties”.

 

Drinking in public places

 

It is against the law for you to have alcohol, or drink alcohol, in a public place.

 

If you are caught, the police may warn you, fine you $200 on the spot, or you can have the matter decided by a court. The alcohol can also be confiscated by the police and it will not be returned to you.

 

Most places other than someone’s house are public places. They usually include:

 

  • Footpaths, roads, parks, beaches;
  • Shopping centres;
  • Unlicensed restaurants, cafes and dining areas (places that do not sell alcohol);
  • Community centres, halls and churches;
  • Theatres, libraries and galleries;
  • Public transport (buses, trains, trams, aeroplanes, taxis, ferries);
  • Gyms and sporting facilities;
  • Hospitals.

 

Additional information

 

If you would like more information, you may like to visit:

Alternatively, if you would like more detailed advice or have a specific problem, you can send us a Lawmail.

 

You are free to copy and use this fact sheet.

 

This page was last updated on 10 November 2014.