By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 15 April 2026.

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The sale, supply and consumption of alcohol is regulated by the Liquor Act 2010 in the ACT. The act contains a number of offences relating to unlawful sale and supply of alcohol, some of which relate to underage drinking and the sale and supply of alcohol to a person who is under 18. This article deals with offences relating to underage drinking in the ACT.

Supplying Alcohol To Underage Persons

Under the Act, there are offences relating to supplying alcohol to a minor. These include:

  • a licensee or permit-holder supplying alcohol to an underage person at licensed premises. The maximum penalty that applies for this is a fine of 50 penalty units;
  • an employee of a licensee or permit-holder supplying alcohol to an underage person at licensed premises. A fine of 10 penalty units applies for this offence;
  • a person supplying alcohol to an underage person at licensed premises. The maximum penalty that applies for this is a fine of 20 penalty units.

It is a defence to any of the offences if the young person was over 16 and had shown ID that appeared to prove they were over 18.

Offence of underage drinking

A licensee or permit holder commits an offence if underage persons drink alcohol at their licensed premises. This can lead to a fine of up to 20 penalty units.

However, it is a defence if the minor was over 16 and presented ID that appeared to prove that they were over 18.

Under Section 115, a minor is guilty of an offence if they consume alcohol at licensed, catered, or permitted premises. This is punishable by up to five penalty units.

Underage drinking: Minor Possessing Alcohol

Under section 116, a licensee or permit holder commits an offence if an underage person possesses alcohol at their premises. This can attract a fine of up to 20 penalty units.

An underage person commits an offence if they possess alcohol at licensed, catered or permitted premises. They may be fined up to five penalty units.

Supplying Alcohol

A licensee or permit holder commits an offence if they employ a person who is under 18 to supply liquor within the adults-only area of the premises. A person guilty of this can be fined up to 50 penalty units.

Sending Underage Person To Obtain Liquor

Section 119 makes it an offence to send a person who is under 18 to obtain liquor from licensed premises. However, this is not an offence if the young person is doing work or training at the premises. Under any other circumstances, a fine of up to 10 penalty units can be imposed.

Adults Only Areas Of Licensed Premises

It is an offence to allow underage persons to be in the adults-only area of licensed premises. This can attract a fine of up to 50 penalty units.

It is also an offence for a person under 18 to be in the adults-only area of licensed premises. The young person can receive a fine of up to five penalty units for this offence. 

However, this does not amount to an offence if the minor is supervised by a parent or guardian.

Identification and underage drinking

A person who is working at licensed premises may refuse to sell or serve alcohol to a person who does not show proof of age ID when asked to do so.

It is an offence for a young person to use a fake ID to gain entry to licensed premises. A person who does so may be fined up to five penalty units or given a caution.

If a staff member believes that an ID that is presented is false, they may seize the document (so long as it is not a passport.)

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers. 

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Frequently Asked Questions

What is the maximum penalty for a licensee supplying alcohol to an underage person in the ACT?

A licensee or permit-holder faces a maximum penalty of 50 penalty units for supplying alcohol to an underage person at licensed premises. This is the highest penalty under the Liquor Act 2010 for underage alcohol supply offences. Employees face lower penalties of 10 penalty units, while other persons face 20 penalty units for the same conduct at licensed premises.

Can an underage person be charged for simply possessing alcohol at licensed premises in the ACT?

Yes, an underage person can be charged for possessing alcohol at licensed, catered or permitted premises in the ACT. Under section 116 of the Liquor Act 2010, this offence carries a penalty of up to five penalty units. The licensee or permit holder can also be charged separately for allowing the underage person to possess alcohol on their premises.

How much does it cost to get legal advice about underage drinking charges in the ACT?

Go To Court Lawyers offers a fixed consultation fee of $295 for legal advice about underage drinking charges in the ACT. This consultation will help you understand the charges, potential penalties, available defences, and your legal options. Getting early legal advice is crucial as these matters can have serious consequences including fines and potential criminal records for young people.

How can a criminal lawyer help with underage drinking charges in the ACT?

A criminal lawyer can assess whether defences apply, such as the ID defence where someone over 16 showed identification appearing to prove they were over 18. They can negotiate with prosecutors, prepare your case for court, advise on plea options, and work to minimise penalties. Lawyers can also help protect young people from getting criminal records that could affect their future opportunities.

Is there a time limit for being charged with underage drinking offences in the ACT?

Yes, there are time limits for prosecuting underage drinking offences in the ACT, though these vary depending on the specific charge. It's crucial to seek legal advice immediately if you're aware of potential charges or have been contacted by police. Early legal intervention can be vital in protecting your rights and ensuring the best possible outcome for your case.

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