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Minors and under-age drinking on licensed premises
A minor is someone who is under 18. As a licensee, you and your employees have a legal responsibility to:
- prevent minors from entering your licensed premises (except in some circumstances explained in this guide)
- refuse to sell alcohol to minors or allow liquor to be consumed by minors.
Penalties and fines exist for:
- having minors on-site (except in some circumstances explained in this guide)
- selling alcohol to minors
- allowing minors to drink alcohol.
The best way to protect yourself and your staff from being fined is to be strict about checking every young patron for valid identification (ID) showing their legal age.
This guide explains licensees' legal requirements when dealing with minors and under-age drinking on licensed premises, including:
- exemptions that allow minors to be on licensed premises
- acceptable forms of ID and the requirements for checking ID properly
- penalties for not complying with the law.
Exemptions for minors on licensed premises
It's illegal for under 18s (minors) to be on licensed premises. However, these exemptions allow minors to be on the premises:
- the minor is a resident on the premises
- the minor is working on the premises as an employee or receiving training for employment or work experience, or performing duties for a lawful business
- the minor is attending a function on the premises
- the premises has a current community club licence, community-other licence or restricted liquor permit, and the minor's presence doesn't break the club's rules or a condition of the licence or permit
- the Commissioner for Liquor and Gaming approves, or a condition of the licence or permit allows, the minor to be on the premises
- the minor is eating a meal on the premises or is accompanied by an adult who is responsibly supervising them. This exemption doesn't apply if the minor is on the premises after 5pm and the premises is operating under a nightclub licence—then the minor is not exempt even if they're eating a meal or accompanied by an adult.
All staff of licensed premises, including bar staff, contracted security, bottle shop attendants and restaurant staff, are responsible for ensuring minors (except exempted minors) don't enter or remain on licensed premises. This is a requirement of the Liquor Act 1992.
Licensees must ensure their staff are aware of their obligations and the fines that can apply.
Also consider...
- Read more about minors working on licensed premises.
- Learn about holding underage and all-ages events on licensed premises.
Checking hard copy identification (ID) for all patrons
You must carefully check each person's identification (ID) so you don't allow non-exempt minors onto your premises. Otherwise, you may be liable for prosecution.
Careful checking is essential—a quick check won't protect you or your staff from prosecution if the person in the photo is very different from the person presenting the ID.
Which ID you accept is your decision.
The Liquor Act 1992 defines what's considered acceptable evidence of age. This could help with your defence if any enforcement action is taken for allowing a minor to enter or remain on your licensed premises.
You also have a responsibility to establish effective policies or rules about checking ID.
Acceptable forms of ID
These 5 forms of ID are acceptable in licensed venues—some are also available as digital ID:
- a photo ID card
- an Australian driver licence or learner permit, including a Queensland digital licence
- a foreign driver licence
- a passport from any country
- a recognised proof-of-age card.
The ID document must be current and include a photo of the person and their date of birth.
Foreign driver licences that aren't in English
Where a foreign driver licence isn't in English, the person should also present an international driver permit issued in their country of origin, which is in English and includes a photo of the licence holder.
Expired Queensland driver licences and renewal receipts
A Queenslander who has renewed their driver licence but is still waiting for it to arrive can show a Department of Transport and Main Roads driver licence renewal receipt with their expired licence for ID checking or scanning.
You don't have to accept the receipt if you don't want the person to enter—this choice is at your discretion.
How to check hard copy ID
To properly check hard copy ID, you and your staff should:
- examine the ID in a well-lit area where alterations will be more obvious—have an initial checkpoint at the front door
- ask the patron to remove the ID from their wallet for inspection
- hold the ID in your hands and take your time examining it
- feel around the photo, date of birth and edges of the card, especially with cards in plastic—wrinkles, bumps and air bubbles could mean the ID has been tampered with
- compare the photo ID with the patron—make sure any distinguishing facial features match
- check the date of birth confirms the patron is over 18—licences and other forms of ID can be issued to minors
- ensure the ID includes a hologram or other security feature—all staff should be able to identify the security features of different IDs.
Refuse entry and service to anyone who appears under-age and doesn't have acceptable ID.
Staff shouldn't assume that someone else has checked a patron's ID—the person might have snuck in.
If you use re-entry stamps, closely screen anyone trying to re-enter the premises as these can be easily transferred.
If your venue operates an ID scanning system you must also ensure all staff understand their ID scanning obligations.
Read more about what to look for when checking ID.
Confiscating hard copy ID
Confiscate any hard copy ID you suspect is fake, defaced or doesn't belong to the patron. Send the ID to the Office of Liquor and Gaming Regulation (OLGR) with a completed ID confiscation report.
A legitimate owner of the physical ID could reclaim it by contacting OLGR.
You mustn't confiscate a phone or device even if it displays a digital ID that concerns you. The Liquor Act doesn't allow, or require, licensees to do so.
Record the details and report the information on the ID confiscation report.
Also consider...
- Read about using digital ID in liquor licensed venues.
- Find out how to verify a Queensland digital driver licence.
- Print or display signage for use in your venue about:
- Refresh your knowledge about checking ID and the responsible service of alcohol.
- Learn more about refusal of service.
Checking digital identification (ID) for all patrons
Licensed venue staff must check digital identification (ID) is valid, just as they would if they were checking hard copy ID.
Acceptable forms of digital ID
Many acceptable forms of ID are now available in a digital version. These include:
- the Queensland Digital Licence app
- the Australia Post Keypass identity card (Keypass in Digital iD™)
- the South Australian digital driver licence, which is available through the MySA GOV app
- the New South Wales Digital Driver Licence.
How to check digital ID
When checking digital ID, you should:
- compare the photo with the person presenting the ID
- check that the date of birth confirms the person is over 18—some forms of ID can be issued to minors
- identify the security features of the ID—all digital IDs have in-built security features—and use the appropriate verification techniques.
Licensees should ensure all staff are trained in how to check a Queensland digital ID.
Visual features for verifying digital IDs
Queensland's digital licence app has visual features to help you identify that it's current and genuine. Some features to look for are:
- the Queensland Government crest behind the information is pulsing
- the information was refreshed online date is current—this date refreshes each time the app is opened or the home screen is pulled down
- the patron can scroll up and down to show their credentials.
Read more about verifying a patron's Queensland digital driver licence.
Other digital IDs have similar features. For example:
- South Australia's digital driver licence has a 'shake-to-animate' feature that will animate the screen and display the time and date to show that it's not a screenshot.
- Australia Post's Keypass in Digital iD™ has a reanimation feature on the front screen as well as a QR code that refreshes every 5 seconds.
Using the Queensland verifier app to check someone's ID
You can also download a Queensland Digital Licence Verifier app for free from the Apple and Google Play app stores. The verifier app will allow you to validate patrons' information by scanning their digital licence's QR code.
This is not mandatory, but it will help you check their digital licence is valid if you have concerns.
Watch the how-to videos on the Queensland Digital Licence app website for information on how to download and use the verifier app.
Scanning digital ID
While ID scanners may be able to validate some digital ID as genuine, you should always verify a person's digital ID before using the ID scanner. The ID scanner's main function is to check the patron's ID against the banned list.
Check the information on each website to find out how to verify the different forms of digital ID. Learn how to check a:
- Queensland digital ID
- Australia Post Keypass identity card
- South Australian digital driver licence
- New South Wales Digital Driver Licence.
Refer to the support material provided with your ID scanner or contact your approved operator to find out which digital ID is supported.
If a digital ID scan fails, the scanner will alert you. You will need to scrutinise the ID further.
Do not manually enter the person's details into the ID scanner as it may be a sign the ID is not genuine.
If you have any doubt about the authenticity of an ID, you should always refuse entry to your venue.
If a minor is found on your premises with fake ID, you may be at risk of not meeting the due diligence requirements of your licence. Licensees and staff can be fined up to $16,130 if a non-exempt minor is found on the licensed premises.
What to do if you suspect a digital ID is false
If you're presented with a digital ID that you suspect is fake or doesn't belong to the person, complete a confiscation report and submit it to the Office of Liquor and Gaming Regulation.
You must not confiscate the phone or device (unlike hard copy ID) even if it displays a digital ID that you're concerned about. The Liquor Act 1992 doesn't allow, or require, a licensee to do that.
Also consider...
- Read more about what to look for when checking hard copy ID.
- Print or display signage for use in your venue about:
- Refresh your knowledge about checking ID and the responsible service of alcohol.
- Learn more about refusal of service.
Holding underage and all-ages events on licensed premises
It's illegal for unaccompanied under 18s (minors) to be on licensed premises unless they're exempt minors.
As a liquor licensee, you can hold underage or all-ages events on your premises with approval from the Office of Liquor and Gaming Regulation.
First, you should read Guideline 11—Underage events and all ages events. If you meet the requirements of the guideline, you can lodge an application for a temporary variation of licence.
You're still legally required to check ID for underage and all-ages events to ensure minors don't buy or drink alcohol on the licensed premises.
You can be held liable and be penalised if a minor drinks alcohol on your premises that they or someone else bought from you.
Read more about the penalties for allowing underage drinking.
Also consider...
- Print or display signage for use in your venue about:
- Read the Liquor Act 1992.
- Learn more about refusal of service.
Minors working on licensed premises
It's illegal for unaccompanied minors (under 18s) to be on licensed premises unless they're exempt minors.
Children under 18 can work in licensed premises (including restaurants, bars, clubs and hotels) as long as the premises doesn't operate under an adult entertainment permit.
The Child Employment Regulation 2016 also requires that minors can't:
- be employed in licensed premises that feature activities like topless waiting
- work while nude or partially nude
- be exposed to inappropriate situations, including being present while another person is nude or partially nude in the workplace.
Responsible service of alcohol training
All staff, including minors, who serve or supply alcohol must have a Responsible Service of Alcohol (RSA) certificate. They must get their certificate within 30 days of starting employment.
Read more about RSA training and certification.
Also consider...
- Read more about employing children including the Child employment guide (PDF, 343KB).
Penalties for allowing minors on premises and under-age drinking
As a liquor licensee, you are responsible for your actions and the actions of your staff. When your employees commit an offence, you are presumed to have participated in the offence. This means that both you and the staff member may be liable and fined.
If a minor is on the premises, each of these people may have committed an offence:
- the licensee or permit holder
- the person in control of the premises, for example, the approved manager (if separate from the licensee or permit holder)
- the employee or security agent that allowed the minor to enter the premises (if applicable).
The only defences available to you for allowing a non-exempt minor onto your licensed premises are if:
- the minor entered without your knowledge and authority (e.g. they snuck in) and you exercised due diligence to avoid them committing the offence
- you honestly and reasonably believed they were 18 or older or sighted acceptable identification (ID) indicating they were 18 or older.
On-the-spot fines
Office of Liquor and Gaming (OLGR) compliance officers can issue on-the-spot fines under the Liquor Act 1992 and the Wine Industry Act 1994.
Penalties when prosecuted
Licensees and staff can be prosecuted and fined up to $16,130 if a non-exempt minor is found on the licensed premises.
Prosecution for supplying alcohol to a minor on licensed premises can result in penalties of up to $80,650 for a licensee or approved manager and $12,904 for a bar attendant or individual.
How to prevent prosecution
You and your staff can avoid prosecution by:
- ensuring minors are not on the premises (unless they are exempt)
- training all new and existing staff in the responsible service of alcohol (RSA) and ID checking, and regularly reminding them of the law and risks of being penalised—document all training and keep records for due diligence
- ensuring all employees ask for ID at entry and throughout the venue
- ensuring signage about the consequences of using false ID and refusal of service is clearly displayed at entry and exit points and throughout the premises.
Licence suspension
Under the Liquor Act, a liquor licence will be suspended if, within a 2-year period, 2 convictions are recorded against them for any combination of the following offences:
- the licensee/manager fails to ensure minor not on premises (section 155(3A))
- the licensee/permit holder/manager allows liquor to be consumed by a minor on licensed premises (section 156(1))
- supplying liquor to a minor in a public place (section 156(2)).
The licence that relates to the premises where the latest offence was committed is the one that's suspended.
What are you really buying them campaign
We encourage licensees to actively support the What are you really buying them? alcohol harm minimisation campaign.
This campaign aims to educate adults about irresponsibly supplying alcohol to under 18s.
Download campaign signs and LCD screen images for use in your bottle shop and licensed venue.
Also consider...
- Find out the full penalties for irresponsible service of alcohol.
- Read information for patrons about irresponsibly supplying alcohol to under 18s.
- Refresh your knowledge about checking ID and the responsible service of alcohol.
- Learn more about refusal of service.
- Read OLGR's Liquor Compliance Strategy.
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021