Offences Involving Underage Drinking (Vic)

In Victoria, the sale, supply and consumption of alcohol is regulated by the Liquor Control Reform Act 1998. That act makes it illegal to supply liquor to a person who is below the age of 18 or to permit an underage person to enter licensed premises except under particular circumstances. It establishes a range of offences relating to allowing a minor to buy or consume alcohol. This article outlines the laws surrounding underage drinking in Victoria.

Supplying Alcohol To Underage Person

Under section 119 of the Liquor Control Reform Act, it is an offence for a person to supply alcohol or permit it to be supplied to a minor. This offence can attract a fine of up to 120 penalty units.

Delivering Alcohol To Underage person

Under section 119A it is an offence for a person to knowingly deliver alcohol to a minor.

Underage Persons And Licensed Premises

A minor is not allowed to be present on licensed premises unless they are:

If a licensee or permittee allows a person who is under 18 to be on licensed premises under other circumstances, they are committing an offence, which is punishable by a fine of up to 120 penalty units.

Minor Supplying Alcohol

Licensees must not permit minors to supply alcohol at licensed premises. However, this provision does not apply if the minor is undergoing training approved by the Victorian Commission for Gambling and Liquor Regulation. Under other circumstances, a fine of up to 120 penalty units applies for a licensee who allows this to occur.

Underage Drinking and Other Offences By Minors

It is an offence for a minor to do any of the following:

  • Buy or receive alcohol;
  • Possess or consume alcohol;
  • Enter licensed premises (except under the circumstances described above);

A young person can be fined five penalty units for this offence.

Fake ID and underage drinking 

It is an offence for a person to give their own proof of age document to another person to use as proof of age ID or to obtain a proof of age document to be used by another person. It is also an offence to deface or interfere with proof of age identification or to make or provide false proof of age ID.

It is also an offence for a person to provide false information when applying for proof of age ID.

Any of these acts can lead to a maximum fine of 20 penalty units.

A person who suspects that someone who is trying to gain access to licensed premises, or trying to purchase or consume alcohol is below the age of 18 may demand the person’s name, address and age. A person commits an offence if they refuse to provide this information. This offence can attract a fine of up to 15 penalty units.

A person may seize a document (other than a driver’s license) that is used as proof of ID if they reasonably suspect the document belongs to someone else, has been forged or contains misleading information.

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

Author

Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts, a Master of Arts and a Graduate Diploma in Legal Practice. She practised law for eight years, working in criminal defence, child protection, domestic violence and family law in the Northern Territory and Queensland.
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