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Minors and the responsible service of alcohol
Already completed your Responsible Service of Alcohol training but need a quick refresher?
This guide allows you to check and consolidate your knowledge. It covers:
- ways to spot under-age drinkers in pubs, clubs and hotels
- penalties for allowing under-age drinking
- when minors are allowed in these places
- legal definitions for minors and responsible adults.
Then you can take our quiz to see how much you've remembered!
Note: This guide is designed to help hospitality workers revise their knowledge about the responsible service of alcohol (RSA). It does not replace RSA training or certification.
Minors and responsible adults
The following information about responsible service of alcohol and minors should be read in conjunction with minors and under-age drinking on licensed premises.
Definition of a 'minor'
Section 17 of the Law Reform Act 1995 states that the age of majority is 18 years. Therefore, any person under the age of 18 years old in Queensland is considered a minor.
Definition of an exempt minor
An 'exempt minor' is a person under the age of 18 who is permitted on licensed premises in particular circumstances or for a particular reason. They must never consume, or be supplied, liquor. Common circumstances for exempt minors include:
- the minor is eating a meal on the premises
- the minor is accompanied by a 'responsible adult' who is responsibly supervising the minor (e.g. watching a sporting event on TV while at a licensed premises with a parent)
- the minor is attending an organised function being held on the premises (e.g. as an invited guest at a 21st birthday party held in a hotel's function room)
- the premises has a current community club licence (e.g. RSL or large sports club), community other licence (e.g. small sporting club) or restricted liquor permit, and the minor's presence does not contravene the club's rules or a condition of the licence or permit (e.g. a junior member may approach a sports club bar to purchase a soft drink).
Minors may also be allowed on licensed premises in other circumstances, such as when they live or work at the premises. Also, the Commissioner for Liquor and Gaming may approve other particular reasons, such as underage events.
However, if the minor is on the premises after 5pm and the premises has a nightclub licence, then the exemption does not apply. In this case, the minor is not exempt, even if eating a meal on the premises or in the company of a responsible adult.
A minor, other than an exempt minor, may be refused entry to a licensed premises. If the minor then enters, or attempts to enter the premises the licensee and their staff may use reasonable force to remove the minor.
For more information, read exemptions for minors on licensed premises.
Definition of a 'responsible adult'
A 'responsible adult' is:
- a parent
- a step-parent or guardian
- an adult who has 'parental rights, duties and responsibilities' in relation to the minor.
A responsible adult is the person who makes adult decisions on behalf of the minor. For example:
- an 18-year-old adult with a 17-year-old spouse, partner or sibling, would not be making parental decisions on the minor's behalf
- a 20-year-old adult with a 10-year-old brother or sister may be a responsible adult.
The responsible adult must also actively supervise the minor.
Also consider...
- Download our 'Follow the law' posters and LCD images.
- Learn more about RSA training.
- Read about responsible service of gambling (RSG) training.
- Subscribe to the Inside Liquor and Gaming Newsletter.
- Contact the Office of Liquor and Gaming Regulation.
Detecting minors on licensed premises
You are responsible for ensuring that no minor is sold or supplied, or consumes, alcohol at your licensed venue or on a street or place adjacent to licensed premises. For example, a bottle shop where minors may ask adults to buy them liquor.
Minors often appear older than they are and you should check the identification (ID) of any person who appears to be under 25.
Monitoring venues for minors
Effective monitoring and collaboration between security, floor staff and bar staff reduces the chance of a minor slipping through illegally. Licensees and approved managers should ensure the appropriate number of staff and security work each shift to enable them to monitor the venue.
Staff moving among patrons, such as glass collectors or security, are in a good position to detect minors drinking while underage and/or illegally visiting licensed premises.
Removing detected non-exempt minors from licensed premises
If you suspect a non-exempt minor is in the licensed venue, or a minor is consuming or seeking to be served alcohol, check their acceptable form of ID. If they are under-age, immediately inform them they need to leave the venue. Also inform other venue staff including security.
When asked to exit the venue, the minor must leave immediately. If they refuse to leave, reasonable force can be used to remove them from the licensed premises.
Your licensed venue may also have best practice procedures in place that guide staff on how to deal with minors and underage drinking. You are responsible for being aware of the procedures of your venue.
Exempt minors
Staff should be made aware of any exempt minors on premises. This allows staff to monitor the minors to ensure they do not obtain or consume alcohol.
Also consider...
- Download our 'Follow the law' posters and LCD images.
- Learn more about responsible service of alcohol (RSA) training.
- Read about responsible service of gambling (RSG) training.
- Subscribe to the Inside Liquor and Gaming newsletter.
- Contact the Office of Liquor and Gaming Regulation.
Penalties for allowing under-age drinking and minors on licensed premises
On licensed premises (or on a street or place adjacent to licensed premises such as the area around bottle shops), minors cannot be:
- sold liquor
- supplied liquor or allowed to be supplied liquor
- allowed to consume liquor.
It is also an offence for a minor to be on licensed premises unless they are an 'exempt minor'. Licensees and staff are required to ensure that non-exempt minors are not on the premises and to remove them from the venue as soon as they are found.
Both the licensed venue and the minor can be penalised for breaching the law.
The penalties listed below are current as at 1 July. The values change each year on this date.
Penalties for selling alcohol to a minor
Offence | Penalty |
---|---|
Selling alcohol to a minor | $40,325 for the licensee, permit holder or approved manager $12,904 for any other person |
Supplying or allowing the supply of alcohol to a minor | |
Allowing a minor to drink alcohol | |
Allowing non-exempt minors to enter or remain on the premises | $16,130 for the licensee, permit holder, another person in control of the premises or any employee |
Read more about penalties for irresponsible service of alcohol.
Penalties for minors
Penalties apply for the minor too, so by removing them from the premises you are doing them a favour!
Offence | Penalty |
---|---|
Attempting to enter a licensed premises after being refused | $8,065 |
Refusing to leave a licensed premises | |
Being on licensed premises when not exempt | $4,032 |
Drinking alcohol on licensed premises |
To learn more, read our penalties for allowing minors on premises and under-age drinking guide.
Also consider...
- Download our 'Follow the law' posters and LCD images.
- Read more about penalties for irresponsible service of alcohol.
- Learn more about responsible service of alcohol (RSA) training.
- Read about responsible service of gambling (RSG) training.
- Subscribe to the Inside Liquor and Gaming newsletter.
- Contact the Office of Liquor and Gaming Regulation.
Quiz: Minors and the responsible service of alcohol
Take our quiz to test your knowledge of responsible service of alcohol (RSA).
It's a great refresher if you already have RSA certification and work at a licensed venue.
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021