8/4/2019 Underage Drinking and the Law

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FACT SHEET: UNDERAGE DRINKING AND THE LAW

The Liquor Control Reform Act 1998 governs alcohol laws in Victoria. Generally it is illegal for a minor(persons under 18 years old) to purchase, receive, possess or consume alcohol until they are 18

years old.

It is an offence to supply alcohol to a minor or to send a minor to obtain alcohol.

Teenage parties and the law

The following apply where there are minors consuming alcohol at a party:

At your private residence  – currently, it is legal for a minor to consume alcohol in your privateresidence or a friend’s private residence. Subject to the circumstances the common law is likely toimpose a duty of care in circumstances where any person over the age of 18 is hosting or supervisinga teenage party.

On licenced premises for example a hotel or club that serves alcohol  – it is an offence for aperson under 18 to consume alcohol on licenced premises unless accompanied by a parent, guardianor spouse (who is over 18 years old) having a meal or staying the night at the licenced premises. Ifthese laws are not complied with the licensee will be guilty of an offence and subject to a fine of up to$7,328.40.

In public places such as streets, hired halls or parks   – a minor cannot consume alcohol anywherein a public place and if detected may be charged with underage drinking.

New alcohol laws

The Victorian Government has passed the Liquor Control Reform Amendment Act 2011 which makesit an offence for a person to supply alcohol to a minor in a private home without the consent of the

parent, guardian or spouse (if they are over 18 years) of that minor.

The new law is silent on how consent may be given. While this means that consent may be giveneither orally or in writing, it may be more prudent to obtain consent in writing in order to avoid anyuncertainty or doubt as the consequences of a breach are severe. For example a signed note from aparent consenting to that parent’s child consuming alcohol will be sufficient. 

A person who supplies alcohol to a minor without a parent, guardian or spouse’s (over 18 years)consent are subject to the same penalty faced by licensees who supply alcohol to minors in licensedvenues, being a maximum fine of $7,328.40.

If in doubt as to whether consent has been given, it is better not to supply alcohol to a minor.

These laws will come into force no later than 1 February 2012.

Party Safe

If you are planning to host a teenage party with alcohol you may register your party with VictoriaPolice Partysafe Programme. In order to register download the Partysafe Registration form athttp://www.police.vic.gov.au/content.asp?Document_ID=9566  and submit the form to your nearestpolice station.

Once registered you will get access to information that will help you minimise the risk of somethinggoing wrong at your party, such as intoxicated guests or gatecrashers ruining the party.