Offences Involving Underage Drinking (WA)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

The sale, supply and consumption of alcohol in WA is regulated by the Liquor Control Act 1988. The act contains offences relating to selling or supplying alcohol to a person who is below the legal drinking age. It also makes it illegal to allow underage persons into licensed premises, except under particular circumstances. Understanding these laws is crucial for both businesses and individuals, as violations can result in significant penalties and legal consequences. This article outlines the comprehensive laws relating to underage drinking in WA, including penalties, defences, and enforcement procedures.

Licensed Premises And Underage Persons

Entry Restrictions for Minors

Minors are not allowed into licensed premises in WA unless:

• they are accompanied and supervised by a parent or guardian;
• they are there to eat a meal;
• they are employed there;
• they are a member of the licensee's family;

or in a number of other circumstances that are set out in section 120 of the act. These exceptions are designed to balance the protection of minors with practical considerations for families and employment opportunities. Licensed venues must ensure they comply with these restrictions and have appropriate policies in place to monitor and control access by underage persons.

Sale and Supply Offences

It is an offence to sell or supply alcohol to an underage person on licensed premises or to permit a minor to drink alcohol on licensed premises. This can attract a fine of up to $10,000 for the licensee or manager and up to $4,000 for anyone else. The severity of these penalties reflects the seriousness with which Western Australian law treats the protection of minors from alcohol-related harm.

It is an offence for an adult to buy alcohol on behalf of a minor at licensed premises. When this happens both the adult and the minor may be fined $2,000. This provision prevents adults from circumventing the law by purchasing alcohol with the intention of providing it to underage persons.

Parental Supervision Requirements

It is an offence for the parent or guardian of a minor to leave them unaccompanied at licensed premises without first informing the licensee or an employee of the licensee. This can be punished by a fine of $2,000. This requirement ensures that licensed premises are aware of any unaccompanied minors on their property and can take appropriate steps to ensure their safety and compliance with the law.

Underage Persons And Unlicensed Premises

Supply Restrictions in Private Settings

A person must not supply alcohol to an underage person in WA on unlicensed premises unless they are the parent or guardian of the young person (or have permission from their parent or guardian). The penalty for this is a fine of $10,000. This includes private homes, public spaces, and any location that is not a licensed venue.

Conditions That Invalidate Parental Permission

A person must not supply alcohol to an underage person even with the permission of their parent or guardian if:

• the parent or guardian was intoxicated when they give permission;
• the adult is intoxicated;
• the underage person is intoxicated;
• the person is unable to supervise the young person's consumption of alcohol.

These conditions ensure that any permission given for alcohol consumption by minors is made under appropriate circumstances where responsible supervision can be maintained.

Underage Drinking and Related Offences

Minor's Responsibility

An underage person commits an offence if they purchase or obtain or try to purchase, obtain or consume alcohol in WA. This can attract a fine of $2,000. This provision places direct responsibility on minors themselves, emphasizing that underage drinking is not only the responsibility of adults who supply alcohol but also of the young people who attempt to obtain it.

Attempts and Conspiracy

The law also covers attempted purchases and consumption, meaning that even unsuccessful attempts to obtain alcohol can result in penalties. This broad approach helps prevent underage drinking by addressing the behavior before alcohol is actually consumed.

Sending Underage Person To Get Liquor

It is an offence to send a person, knowing or believing them to be underage, to licensed premises to buy or obtain alcohol. This can attract a fine of $2,000. This provision prevents adults from using minors as intermediaries to circumvent licensing laws and ensures that the responsibility for compliance remains with adults who might otherwise exploit young people to obtain alcohol illegally.

Defences

Family and Residential Defences

It is a defence to an offence involving the sale or supply of alcohol to an underage person if:

• the young person was a family member of the licensee or a person employed or living at the premises; or
• the young person was the spouse or partner of a lodger at the premises.

Reasonable Mistake Defence

It is a defence to an offence of selling or supplying alcohol to a young person if the young person was over 16 and the accused believed on reasonable grounds that they were over 18. This defence recognizes that it can be difficult to accurately determine a person's age, particularly for those close to the legal drinking age.

Identification

ID Checking Procedures

When a staff member at licensed premises suspects that a person is under 18, they may ask the person their age and for evidence of their age. If the person fails to produce proof of age, they can be asked to leave. Acceptable forms of identification typically include driver's licenses, proof of age cards, and passports.

False ID Offences

A person who fails to leave premises when asked to do so, or who produces a fake ID, can be fined $2,000. If staff believe that ID is false, they may confiscate the document. The use of false identification is treated seriously under Western Australian law, as it undermines the entire system designed to protect minors from alcohol-related harm.

Enforcement and Penalties

Regulatory Enforcement

The Department of Local Government, Sport and Cultural Industries is responsible for enforcing liquor laws in Western Australia. Liquor licensing inspectors have the power to investigate breaches, issue infringement notices, and recommend prosecutions for serious offences. Licensed venues may also face additional consequences such as conditions being imposed on their license or, in severe cases, license suspension or cancellation.

Court Proceedings

Serious breaches of underage drinking laws may result in court proceedings rather than simple infringement notices. Courts