Liquor and Gaming NSW > Liquor > Underage drinking

Underage drinking fines

The following table contains a list of main underage drinking offences and shows the maximum penalty for each offence.

The payment of a penalty notice is not an admission of guilt and will not result in a criminal history. However, a court conviction under the liquor laws will form part of your criminal history.

It should be noted that where a venue sells alcohol to a minor, there is also the possibility that their licence will be suspended or cancelled.

Offences

Offence

​Maximum penalty

​Offence by

​Sell alcohol to a minor

​$11,000 or 12 months imprisonment (or both)

​Any person

​Supply alcohol to a minor on licensed premises

​$11,000 or 12 months imprisonment (or both)

​Any person

​Supply alcohol to minor away from licensed premises that is not consistent with the responsible supervision of the minor

​$11,000 or 12 months imprisonment (or both)

​Any person

​Obtain alcohol for a minor from licensed premises

​$11,000 or 12 months imprisonment (or both)

​Any person

​Allow alcohol to be sold or supplied to a minor on licensed premises

​$11,000 or 12 months imprisonment (or both)

​Licensee or Approved Manager                                  

​Consume alcohol on licensed premises  

​  $2,200   

​ Minor

​Consume alcohol in unlicensed restaurant without permission of, or in company of, parent or guardian

​$2,200

​Minor

​Obtain, or attempt to obtain, alcohol for consumption on licensed premises

​$2,200

​Minor

​Carry away alcohol, or attempt to carry away alcohol from licensed premises     

​$2,200

​Minor

Send or order a minor to licensed premises to obtain alcohol 

​$3,300  

​Any person

​Allow minor to sell or supply alcohol on licensed premises (without the approval of the Independent Liquor and Gaming Authority)

​$5,000

​Licensee or Approved Manager

​Responsible adult allows minor to consume alcohol on licensed premises (where minor is required to be accompanied by a responsible adult)

​$3,300

​Responsible Adult

​Minor enters or remains in a small bar when liquor is sold and supplied

​$2,200

$5,500

Minor

Licensee or Approved Manager

​Minor enters or remains in a bar area of a hotel or a registered club

​$2,200

$5,500


Minor

Licensee

​Minor enters or remains in part of a hotel without responsible adult where (where minor is required to be accompanied by a responsible adult)

$2,200

​$5,500

​Minor

Licensee or Approved Manager

​Minor enters or remains in licensed public entertainment venue without responsible adult, unless minors functions authority is in force

$2,200

$5,500

        

Minor

​Licensee or Approved Manager

​Responsible adult leaves minor unaccompanied on licensed premises (where minor is required to be accompanied by a responsible adult)

​$3,300

Responsible Adult

​Failure to refuse entry of suspected minor to small bar, hotel, registered club or licensed public entertainment venue



$5,500

 

                                   

​Licensee or Staff

​Refuse to give name and address or         

age when requested by an authorised

person   

​$2,200  

​Minor

​Use false ID  

​ $2,200

​Minor

​Allow liquor to be sold/supplied to a minor on licensed premises 


$11,000 and/or 12 months imprisonment  

Licensee

Notes to table

(1) A responsible adult is defined as:

  • a parent, step-parent or guardian of the minor
  • the minor's spouse or de facto
  • someone standing in as the parent of the minor.

(2) An authorised person is a licensee, their staff or security, a police officer or an inspector.

On-the-spot Fines

On-the-spot fines can be issued for offences under the Liquor Act and are generally 10% of the maximum court penalty for the offence.

Summary Offences Act Offences

Possession or consumption of alcohol by minors in public places is covered by the Summary Offences Act 1988.

It is an offence for a minor to possess or consume alcohol in a public place unless the minor is under the supervision of a responsible adult or had a reasonable excuse for possessing or consuming the alcohol. A maximum penalty of $20 applies to this offence.

Escalating sanctions

From 15 December 2014, an escalating sanctions regime applies significant penalties for selling alcohol to minors. For example, on a third offence which occurs within 12 months of (but at least 28 days after) the second offence the venue's liquor licence is automatically cancelled and the holder is disqualified from holding a liquor licence for 12 months.