LIQUOR LICENSING ACT 1997 - SECT 110
LIQUOR LICENSING ACT 1997 - SECT 110
110—Sale and supply of liquor to minors on licensed premises
(1) If liquor is sold
or supplied to a minor on licensed premises by or on behalf of the licensee,
each of the following persons is guilty of an offence:
(a) the
licensee;
(b) if
the licence in respect of the licensed premises is held by a trust or
corporate entity, each person occupying a position of authority in the trust
or corporate entity;
(c) the
responsible person for the licensed premises;
(d) the
person by whom the liquor is sold or supplied.
Maximum penalty:
(a) in
the case of the licensee, a person in a position of authority in the trust or
corporate entity that holds the licence or the responsible person—
(i)
for a first offence—$20 000;
(ii)
for a second or subsequent offence—$40 000;
(b) in
any other case—$5 000.
Expiation fee: $1 200.
(1a) If a licensee
sells or supplies liquor to a minor otherwise than on licensed premises, the
licensee is guilty of an offence.
Maximum penalty:
(a) for
a first offence—$20 000;
(b) for
a second or subsequent offence—$40 000.
Expiation fee: $1 200.
(2) A licensee who
permits a minor to consume liquor on the licensed premises is guilty of an
offence.
Maximum penalty:
(a) for
a first offence—$20 000;
(b) for
a second or subsequent offence—$40 000.
Expiation fee: $1 200.
(2a) In any
proceedings for an offence against subsection (1) where it is alleged
that a minor was sold or supplied liquor on particular licensed premises, the
allegation constitutes proof that the sale or supply occurred on the
licensed premises in the absence of proof to the contrary.
(2b) In any
proceedings for an offence against subsection (2) where it is alleged
that a minor consumed liquor on particular licensed premises, the allegation
constitutes proof that the consumption occurred on the licensed premises in
the absence of proof to the contrary.
(3) It is a defence to
a charge of an offence against subsection (1), (1a) or (2) for the
defendant to prove that—
(a) the
licensee or some person acting on behalf of the licensee required the minor to
produce evidence of age that complies with the requirements of the
regulations; and
(b) the
minor made a false statement, or produced false evidence, in response to that
requirement; and
(c) in
consequence the person who served the minor reasonably assumed that the minor
was of or above the age of 18 years.
(4) If a person,
acting at the request of a minor, purchases liquor on behalf of the minor on
licensed premises, that person and the minor are each guilty of an offence.
Maximum penalty:
(a) in
the case of the person acting at the request of the minor—$10 000;
(b) in
the case of the minor—$2 500.
Expiation fee:
(a) in
the case of the person acting at the request of the minor—$500;
(b) in
the case of the minor—$210.
(4a) A minor who
consumes or has possession of liquor on licensed premises is guilty of an
offence.
Maximum penalty: $ 2 500.
Expiation fee: $210.
(5) This section does
not apply to the gratuitous supply of liquor to, or the consumption of liquor
by, a minor if—
(a)
—
(i)
the liquor is supplied by a parent or guardian of the
minor; and
(ii)
the minor is a child of—
(A) the licensee; or
(B) a responsible person for the
licensed premises; or
(C) an employee of the licensee,
and is resident on the licensed premises; or
(b) the
minor is enrolled in a tertiary educational course declared by the regulations
to be an approved course for the purposes of section 30 and the liquor is
supplied to the minor as part of that course.
(6) In this
section—
"licensed premises" includes areas appurtenant to the licensed premises.