Section 117 Liquor Act 2007 | Selling and Supplying Liquor to Minors


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The Legislation

Section 117 of the Liquor Act 2007 (NSW) is concerned with Selling and Supplying Liquor to Minors and is set out below.

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117 Offences relating to sale or supply of liquor to minors

(1) Selling liquor to minors A person must not sell liquor to a minor. Maximum penalty: 100 penalty units or 12 months imprisonment (or both).

(2) Supplying liquor to minors on licensed premises A person must not supply liquor to a minor on licensed premises. Maximum penalty: 100 penalty units or 12 months imprisonment (or both).

(3) It is a defence to a prosecution for an offence under subsection (1) or (2) if it is proved that:
(a) the person to whom the liquor was sold or supplied was of or above the age of 14 years, and
(b) before the liquor was sold or supplied to the person the defendant was provided with an evidence of age document that may reasonably be accepted as applying to the person and as proving that the person was of or above the age of 18 years.

(4) Supplying liquor to minors on other premises A person must not supply liquor to a minor on any premises other than licensed premises unless the person is a parent or guardian of the minor. Maximum penalty: 100 penalty units or 12 months imprisonment (or both).

(5) It is a defence to a prosecution for an offence under subsection (4) if it is proved that the defendant was authorised to supply liquor to the minor by the parent or guardian of the minor.

(6) Obtaining liquor for minors from licensed premises A person must not obtain liquor from licensed premises on behalf of a minor unless the person is the parent or guardian of the minor. Maximum penalty: 100 penalty units or 12 months imprisonment (or both).

(7) It is a defence to a prosecution for an offence under subsection (6) if it is proved that the defendant was authorised to obtain liquor on behalf of the minor by the parent or guardian of the minor.

(8) Allowing liquor to be sold or supplied to minors on licensed premises A licensee must not, on licensed premises, allow liquor to be sold or supplied to a minor. Maximum penalty: 100 penalty units or 12 months imprisonment (or both).

(9) It is a defence to a prosecution for an offence under subsection (8) if it is proved that the liquor was supplied to the minor by the parent or guardian of the minor.

(10) Burden of proof In the prosecution for an offence under this section, the burden of proving that a person was a parent or guardian of a minor, or was authorised by a parent or guardian of a minor, is on the person charged.

(11) In the application of this section to an on-premises licence that relates to a catering service, a reference to licensed premises does not include any private domestic premises.

(12) For the purposes of this section, “supply” of liquor includes serving liquor to a person.