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Section 117 Liquor Act 2007
Selling and Supplying Liquor to Minors

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

For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

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.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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