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Many people enjoy a drink at a party or when they go out. But you should know that there are laws about buying, selling and supplying alcohol and when you can do these things if you or your friends are under 18. This section explains these and other laws about alcohol, and what can happen if you do not obey the law.

Sometimes people drink too much and being drunk makes them unable to look after themselves, or do things which are unacceptable to other people. This section also explains what powers the police have to deal with people who have had too much to drink and who cannot look after themselves.

FYI - This section does not deal with the laws about alcohol and driving. For a summary of the laws about alcohol related driving offenses, see the ‘Driving’ section.

Things to know about buying and drinking alcohol, and going to licensed premises like clubs and hotels, if you are under 18:

• If you are under 18, it is against the law for anyone to sell you alcohol.

Licensed Premises like clubs, hotels and restaurants.

• It is against the law for you to be supplied with alcohol in places which need a license to serve alcohol, like clubs, hotels or restaurants. A person who breaks these laws can be fined up to $11,000 and/or go to prison for 12 months.

• It is an offense for you to drink alcohol on licensed premises or to try to obtain alcohol from licensed premises to drink there or take away or attempt to take away with you. You can be fined up to $2,200.

• If you are under 18, you are not allowed to go into or remain in the bar area of a hotel or club, or go into or stay in a licensed public entertainment venue unless you are with a responsible adult, or you are at a function which is being held at a venue which has special authorization to have under 18s at the function. You can pass through an area where you are allowed to be if you need to get to a place you are allowed into, or to get the toilets, for example. There are some circumstances when you can be in a restricted area, like if you have been invited to a function like a wedding or reception being held there.

• The people who run licensed clubs, hotels and restaurants must refuse you entry to the restricted areas if they reasonably suspect you of being under 18, unless you can produce proof that you are over 18.

• People who work at licensed premises or police officers who suspect that you might be under 18, can ask you to give them your full name, residential address and date of birth, and to show them evidence of your age (like a NSW Photo Card or driver’s licence). If you don’t have it with you, you might have to go to a police station to show evidence of your age. You can be fined up to $2200 if you refuse or fail to say who you are, where you live or your date of birth, or refuse to provide evidence of your age .

• If you are asked to provide evidence of your age and you use fake ID, you can be fined up to $2,200.

Other Premises, like private parties or unlicensed restaurants

• If you are under 18, only your parent or guardian can supply you with alcohol at an unlicensed restaurant or on other premises, which includes being at a house, on a boat, or even in someone’s car. Friends who are over 18 cannot give you alcohol, even if they say it is okay because they are over 18.

Drinking in Public Places

• If you are under 18, you cannot legally have or drink alcohol in a public place, like a park or at the beach; unless you can prove that you were being supervised by a parent or guardian. You can be given a fine if you do. A police officer can take the alcohol from you if he or she suspects that you are under 18 and require you to give your name and address and provide evidence of your age then or bring it to a police station.

Things to know about buying, drinking and supplying alcohol to minors if you are over 18.

• You cannot buy a drink at the bar or order alcohol from a menu from licensed places for someone under 18. Minors cannot consume alcohol on licensed premises.

• Even at a private party at someone’s house, or on a boat or in a car, you cannot give alcohol to a young person who is under 18 unless you are that person’s parent or legal guardian.

• It is an offense to ask or send a young person who is under 18 into licensed premises like clubs, hotels and licensed restaurants to get alcohol for you. You can be fined $3,300.

Alcohol Free Zones

Some parts of cities and towns have alcohol free zones. You are not allowed to drink alcohol there. A police officer who reasonably believes that you are about to drink, or recently been drinking in an alcohol free zone may seize the alcohol and dispose of it .

Spiking Drinks and Food

Some people think that spiking someone else’s drink or food is a fun party trick. In fact, it can get you into a lot of trouble.

It is against the law to spike someone’s drink or food with alcohol, or narcotic drug so as to intentionally make them drunk and harm them in any way, where the other person does not know that it has been spiked, or where the food or drink contains more alcohol than they were expecting it to have. You can be fined up to $11,000 or be sentenced to go to prison for up to 2 years, or both.

Police Powers to deal with people who are under the influence of alcohol or drugs

If you have had too much to drink at a party or after a night out, and you are unable to look after yourself or, you are acting in a way that is not acceptable to other people, the police have powers to deal with you for your own safety and to keep the peace for others.

The police can detain you if, you are in a public place and you are under the influence of alcohol or any other drug and behaving in a disorderly manner, or likely to cause injury to yourself another person, or damage property, or if you need physical protection because of how drunk you are. The police can take you home to put you in the care of a responsible person, someone like a friend or relative. If police need time to find a responsible person, or there no responsible person can be found, or you are or likely to behave so violently that you are unable be cared for, you can be detained at a police station until you have sobered up. You will not be charged just for being under the influence of alcohol or drugs. However, if you have done something like damaging property before being detained, you can be charged for the offense you have committed.

If you are in a group of 3 or more people, in a public place and you are all affected by alcohol, a police officer can direct one or more of you to leave the public place and not return for up to 6 hours if the police officer believes that your behaviour is likely to hurt someone or, damage property or otherwise be a risk to public safety.