Gatenby Law
  • Home
  • Our Firm
    • Our Team
    • Our Services
    • Media
    • Work with Us?
  • The Law
    • Drug Offences
    • Criminal Law
      • Assault Offences
      • Property Offences
      • Breach Offences
      • Dishonesty Offences
      • Prostitution Offences
      • Public Order Offences
      • Sexual Offences
      • OMCG and Serious Crime Offences
      • White Collar Offences
    • Traffic Offences
      • Dangerous Driving
      • Careless Driving
      • Disqualified Driving
      • Drink Driving
      • Drug Driving – Driving while relevant drug is present
      • Drug Driving – Drive under the influence of a drug
      • Speeding
      • Unlicensed Driving
      • Hooning Laws
      • Street Racing
    • Licence Applications
      • Work Licence Application
      • Removal of Licence Disqualification
      • Immediate Licence Suspension
      • Special Hardship Order
    • Domestic Violence
    • Police Interviews
    • Bail Applications
  • Contact Us
  • Resources
    • Guides
    • Publications
    • Queensland Police Stations – Contact Details
    • Criminal Convictions
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Criminal Record, Recorded Convictions and your rights.
      • Disclosure of ‘no conviction recorded’
      • Applying for a Blue Card with a Criminal Conviction.
  • FAQ’S
    • Costs / Fees
    • Courts We Attend
  • GCL Blog
  • Pages
    • Pages

      • #4233 (no title)
      • 404
      • About
      • About Gatenby Lawyers
        • Michael Gatenby
        • Work with Us?
      • Alcohol interlock devices
      • Applying for a Blue Card with a Criminal Conviction.
      • Articles & Media
      • Ashleigh Smith
      • Breach of Bail
      • Bree Clarke
      • Brisbane Courts
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Character Reference Guidelines – District Court
      • Character Reference Guidelines – Supreme Court
      • CHARACTER REFERENCE GUIDELINES- MAGISTRATES COURT
      • Community Based Orders
      • Community Service – Requirements of Order
      • Consorting – Relevant Offence Definitions
      • Contact Us
      • Contact Us
      • Contact Us / Criminal and Traffic Law Experts
        • Criminal Lawyers Gold Coast
      • Courts We Attend
      • Criminal Convictions
      • Criminal Law – Affray
      • Criminal Law – Aiding Suicide
      • Criminal Law – Assaults Occasioning Bodily Harm
      • Criminal Law – Common Assault
      • Criminal Law – Grievous Bodily Harm
      • Criminal Law – Malicious Acts
      • Criminal Law – Serious Assault
      • Criminal Law Services
        • Bail Applications
        • Criminal Law
          • Assault
          • Breach Offences
          • Dishonesty Offences
          • Property Offences
          • Prostitution Offences
          • Public Order Offences
          • Sexual Offences
          • White Collar Offences
        • Domestic Violence
        • Forms
        • Licence Applications
          • Immediate Licence Suspension
          • Removal of Licence Disqualification
          • Special Hardship Order
        • Police Interviews
        • Traffic Offences
          • Careless Driving
          • Dangerous Driving
          • Disqualified Driving
          • Drink Driving
          • Drug Driving – Drive under the influence of a drug
          • Drug Driving – Driving while relevant drug is present
          • Hooning Laws
          • Speeding
          • Street Racing
          • Unlicensed Driving
          • Work Licence Application
      • Criminal Record, Recorded Convictions and your rights.
      • Demi Quadrio
      • Disclosure of ‘no conviction recorded’
      • Dishonesty Offences – Bringing Stolen Goods into Queensland
      • Dishonesty Offences – Computer Hacking and Misuse
      • Dishonesty Offences – Dealing with Identification Information
      • Dishonesty Offences – Demanding Property with Menaces to Steal
      • Dishonesty Offences – Extortion
      • Dishonesty Offences – Fraud
      • Dishonesty Offences – Money Laundering
      • Dishonesty Offences – Petrol Drive Off
      • Dishonesty Offences – Possess Property Suspected of Being Tainted Property
      • Dishonesty Offences – Receiving Tainted Property
      • Dishonesty Offences – Robbery
      • Dishonesty Offences – Stealing
      • Dishonesty Offences – Stealing as a servant
      • Dishonesty Offences – Unauthorised Dealing with Shop Goods (UTAG)
      • Do I Need A Lawyer?
      • Drug Charges – Permitting Use of Place
      • Drug Charges – Possessing Dangerous Drugs
      • Drug Charges – Possessing Things
      • Drug Charges – Produce Dangerous Drugs
      • Drug Charges – Supplying Dangerous Drugs
      • Drug Charges – Trafficking in Dangerous Drugs
      • Drug Offences
      • EXPERT TRAFFIC LAW ADVICE – (07)55800 120
      • FAQ’S
        • Costs / Fees
        • Forms
      • Fixed Fees
      • Glossary
      • Guides
      • Home
      • Home Page
      • Legal Aid
      • Make an enquiry
      • Media
      • New Client
      • News
      • Offender Levy
      • OMCG and Serious Crime Offences
      • OMCG Laws – Contravene Order to Access Information
      • OMCG Laws – Contravene Public Safety Order
      • OMCG Laws – Contravening Restricted Premises Order
      • OMCG Laws – Habitually Consorting
      • OMCG Laws – Hindering Removal of Fortification Order
      • OMCG Laws – Recruiting person to become member of a criminal organisation
      • Our Firm
      • Our Offices
      • Our Services
      • Our Team
      • Patricija Nedeljko
      • Police Interviews
      • Police Stations We Attend
      • Possess Unregistered Firearms
      • Preparing For Your First Appointment?
      • PROBATION – REQUIREMENTS OF ORDER
      • Property Offences – Arson
      • Property Offences – Break and Enter
      • Property Offences – Burglary
      • Property Offences – Possess Implements of Housebreaking
      • Property Offences – Trespass
      • Property Offences – Unlawful Entry of a Dwelling
      • Property Offences – Unlawful Entry of Motor Vehicle
      • Property Offences – Unlawful Use of a Motor Vehicle
      • Property Offences – Wilful Damage
      • Publications
      • Qld Drug Offences
      • Qld Drug Offences Copy
      • Qld Weapons Offences
      • Queensland Police Stations – Contact Details
      • Services
      • Testimonials
      • Testimonials-01
      • Testimonials-02
      • Weapon Categories
      • What Court Will I Go To?
      • White Collar Offences – Corporate Fraud
November 22, 2015

Schoolies Week & Alcohol: What Does the Law Say?

M. T. Gatenby Youth Justice

Portrait of group of friends toasting with bottles of beer.

At the commencement of every Schoolies Week there is the inevitable footage of police confiscating alcohol purchased for or on behalf of underage schoolies.  There is the long and lasting debate over what is and is not acceptable behaviour by both schoolies and the parents that “supply” them with alcohol.  What is of some concern is the lack of understanding as to what the law permits.

Purchase of Alcohol by Minors.

The law is very clear in relation to the sale of Liquor to a minor.  Section 155A of the Liquor Act 1992 relevently provides that: A person must not sell liquor to a minor.

Maximum penalty—

  1.  if the person is the licensee or permittee of, or an approved manager working at, the premises to which a licence or permit relates—250 penalty units; or
  2. in any other case—80 penalty units.

Section 156 further provides that:  A person must not, on premises to which a licence or permit relates—

  1. supply liquor to; or
  2. permit or allow liquor to be supplied to; or
  3. allow liquor to be consumed by;

a person who—

  •  is a minor; or
  • is unduly intoxicated or disorderly.

People in night club. Dancing, drinking and having funMinors on licensed Premises.

Section 155 of the Liquor Act provides that in relation to all but exempt minors, a  licensee, permittee or person in control of the premises to which the licence or permit relates must ensure that a minor is not on the premises.

Alcohol in a private place.

Parents and friends who supply minors with alcohol for their schoolies week celebrations face significant fines of up to $9,424.00.  The prohibition is on the “unsupervised consumption” of alcohol in a private place.

  1. An adult must not supply liquor to a minor at a private place, unless the adult is a responsible adult for the minor.
  2. A responsible adult for a minor must not supply liquor to the minor at a private place, unless the supply is consistent with the responsible supervision of the minor.
  3. In considering whether the supply is consistent with the responsible supervision of the minor, relevant factors include the following
  • (a)  whether the adult is unduly intoxicated
  • (b)  whether the minor is unduly intoxicated;
  • (c)  the age of the minor;
  • (d)  whether the minor is consuming the liquor supplied with food;
  • (e)  whether the adult is responsibly supervising the minor’s consumption of the liquor supplied;
  • (f)  the quantity of liquor supplied and the period over which it was supplied.

A celebratory drink is permitted so long as the minor is supervised and is not intoxicated.  There is also a requirement that the parent is in a condition to supervise.  The Liquor Act provides that a person is intoxicated when a persons, speech, balance, coordination or behaviour is affected and there are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance

The same rules apply to schoolies who are of the legal drinking age and supply alcohol to their underage mates.

Last year during schoolies police and liquor licensing officials issued a number of fines including:

  • 200 for minors for possessing alcohol in a public place;
  • 113 to adults for consuming alcohol in a public place; and
  • 79 to minors falsely representing themselves as over 18 years of age.

Domestic Violence Legislative Changes New DPP announced for Queensland

Related Posts

Case Notes

Case Notes, Cases, Penalties, Youth Justice

Case Note – When disability is not a mitigatory factor.

Dancing, drinking

Youth Justice

Schoolies week legal issues can impact your future.

Teenager under arrest

Laws, Legal News, Penalties, Youth Justice

Reforms to Youth Justice Laws Brings Qld in Line With UN Convention

Contact Details

Office: (07) 5580 0120
Fax: (07) 5580 0952
Michael Gatenby: 0457 999 022

Demi Quadrio: 0477 800 620
Ashleigh Smith: 0477 800 421
Patricija Nedjelko: 0477 800 880

Gatenby Law
Copyright © 2019 Gatenby Criminal Lawyers, All Rights Reserved

News

  • Case NotesLegal professional privilege
  • New Supreme Court Judges Appointed.
  • Case NotesCase Note Update- Pre-sentence custody declaration.

Southport

Suite 6, Level 2
Excalibur House
52 Davenport St
Southport Qld 4215

Coomera

Suite 3, East Wing
Fortune Place
2 Fortune Street
Coomera Qld 4209

Postal

PO Box 1672
Southport BC 4215