A minor is a person under 18 years of age. Under the Liquor Act 1992, a minor is generally not permitted to be on licensed premises, and as a licensee, you must ensure minors do not gain entry to licensed premises. This includes bottle shops.
The exceptions are if the minor is a resident, employee, person conducting lawful business, undertaking training or work experience, at a function, eating a meal, or accompanied by a responsible adult. However there are also restrictions around each of these categories of minor.
The Liquor Act 1992 allows for minors to work at licensed premises, however the Act does not set a minimum age limit. Employment age limits are determined by Queensland Industrial Relations (contact Ph:1300 369 945).
You should be aware that while minors may work at licensed premises, they cannot consume liquor at any time.
The Department of Employment and Industrial Relations has amended the Child Employment Regulation 2006 to prohibit children under the age of 18 from being employed to work nude or partially nude or to work around others that are nude or partially nude. This may affect licensees who provide explicit entertainment that does not require an Adult Entertainment Permit, for example topless waitresses. For more information please see the fact sheet or contact the Department of Industrial Relations on 1300 369 945.
A minor can not be in an approved adult entertainment area (Strip Club) under any circumstances.
Section 155(4) of the Liquor Act 1992 defines when a minor can be on licensed premises. Minors in these situations are considered "exempt minors". **Please Note: these exemptions do NOT apply to adult entertainment areas.**
If minors are found on your premises, you (and your staff) may be prosecuted and fined up to $7500.
The penalty for selling or giving liquor to a minor, or allowing liquor to be given to a minor, or allowing a minor to consume liquor, is $18,750 for the licensee, nominee or manager. The bar attendant or staff can be fined $3,000.
Even if the offence is committed by your employee, you as the licensee may also be held liable.
If you are convicted twice with offences relating to minors, your licence or permit can be suspended for up to two months.
The only defences for allowing a minor onto licensed premises are if:
The best way for you and your staff to avoid prosecution in relation to minors being on the
premises is to:
Four forms of identification are acceptable in licensed venues:
From 1 August 2005 foreign driver's licences will be accepted as evidence of age providing it has a photo and date of birth of the licence holder.
Remember that replacement 18+ Cards and licences now have a "D" imprinted to indicate a duplicate card has been produced. This should make it easier for you to detect fraudulent 18+ Cards and licenses as they can now be easily distinguished from the original.
If presented with a duplicate card, you may want to ask for a secondary from of ID. If no alternative identification is available, consider refusing entry and confiscating the ID. Suspected fake, defaced or falsely presented documents should be confiscated and forwarded to the Liquor Licensing Division with an ID Confiscation Report for further investigation.
If you do not ask to see identification and allow a minor onto the premises, you are liable for prosecution.
Ensure staff are aware of the following strategies to prevent underage drinking or unlawful entry to your venue:
When checking identification, licensees and their staff should adopt the following strategies in order to effectively detect fraudulent, fake or defaced cards:
Not only are you responsible for refusing the sale of liquor to a minor, you are also legally required to prevent liquor being supplied to a minor or being consumed by a minor. If another patron purchases liquor for a minor in the premises and that minor consumes the liquor on the premises, you could also be liable for allowing the liquor to be consumed by the minor.
More information is available from the Minors (Licensees) fact sheet, from the Liquor Act 1992 or by contacting the Liquor Licensing Division.
The Australian ID Checking Guide order form can be downloaded here.
Last updated 22 October 2007.
Copyright |
Disclaimer |
Privacy |
Other languages
© The State of Queensland (Queensland Treasury) 2007.