The Liquor Act 1992 allows for minors to work at licensed premises, however the Act does not set a minimum age limit. Employment age limits are determined by Queensland Industrial Relations (contact Ph:1300 369 945).

You should be aware that while minors may work at licensed premises, they cannot consume liquor at any time.

The Department of Employment and Industrial Relations has amended the Child Employment Regulation 2006 to prohibit children under the age of 18 from being employed to work nude or partially nude or to work around others that are nude or partially nude. This may affect licensees who provide explicit entertainment that does not require an Adult Entertainment Permit, for example topless waitresses. For more information please contact the Department of Industrial Relations on 1300 369 945.

A minor can not be in an approved adult entertainment area (strip club) under any circumstances.

Section 155(4) of the Liquor Act 1992 defines when a minor can be on licensed premises. Minors in these situations are considered "exempt minors". **Please Note: these exemptions do NOT apply to adult entertainment areas.**

If minors are found on your premises, you (and your staff) may be prosecuted and fined up to $10,000.

The penalty for selling or giving liquor to a minor, or allowing liquor to be given to a minor, or allowing a minor to consume liquor, is up to $25,000 for the licensee or manager. The bar attendant or staff can be fined $8,000.

Even if the offence is committed by your employee, you as the licensee may also be held liable.

If you are convicted twice with two years of offences relating to minors, your licence or permit can be suspended for up to two months.

The only defences for allowing a minor onto licensed premises are if:

• the minor entered without your knowledge and authority (eg. they snuck in) AND you exercised due diligence to avoid the commission of the offence

or

• you honestly and reasonably believed the person was 18 years of age or older AND you sighted acceptable evidence of age indicating the person was 18 years of age or older.

The best way for you and your staff to avoid prosecution in relation to minors being on the premises is to:

• ensure minors are not on the premises (unless there is an exemption)
• train all new and existing staff and regularly remind all staff that minors are not permitted by law in a licensed premise and that if they knowingly allow a minor to enter, they can be fined
• ensure all management and staff ask for evidence of age and are familiar with the Australian ID Checking Guide (see bottom of page for more details)
• ensure ID Checking and Responsible Service of Alcohol signage, available from the Office of Liquor, Gaming and Racing, is prominently displayed at entry and exist points and throughout the premises; and
• document all training and keep records to demonstrate due-diligence.

Four forms of identification are acceptable in licensed venues:

• a current driver's licence or learner's permit with photo and date of birth
• a current passport
• an Australian government-issued proof-of-age card (18+ Card)
• a Victorian Keypass

Foreign driver's licences are also accepted as evidence of age providing it has a photo and date of birth of the licence holder and the licence is in English.

Remember that replacement 18+ Cards and licences now have a "D" imprinted to indicate a duplicate card has been produced. This should make it easier for you to detect fraudulent 18+ Cards and licenses as they can now be easily distinguished from the original.

If presented with a duplicate card, you may want to ask for a secondary form of ID. If no alternative identification is available, consider refusing entry and confiscating the ID. Suspected fake, defaced or falsely presented documents must be confiscated and forwarded to the Office of Liquor, Gaming and Racing with an ID Confiscation Report (PDF 345 K) for further investigation.

If you do not ask to see identification and allow a minor onto the premises, you are liable for prosecution.

Ensure staff are aware of the following strategies to prevent underage drinking or unlawful entry to your venue:

• always ask for identification (nightclubs and similar venues should check identification at the entrance to the venue)
• refer to the Australia ID Checking Guide to identify security features displayed on identification and proof-of-age cards
• confiscate any ID appearing to be false or tampered with and forward it to the Office with an ID Confiscation Report (PDF 345 K)
• if using 'stamp outs', closely screen anyone trying to re-enter the premises as 'stamp outs' are easily transferred
• refuse service to any person who appears underage and does not have acceptable identification

When checking identification, licensees and their staff should adopt the following strategies in order to effectively detect fraudulent, fake or defaced cards:

• examine the ID in well-lit areas where alterations will be more easily spotted
• do not inspect an ID through a patron's wallet, ask the patron to remove it
• take the ID from the patron and take your time examining it
• feel around the photo, birth date and edges of the card, especially with cards enclosed in plastic-wrinkles, bumps and air bubbles could mean the ID has been tampered with
• compare the photo with the patron presenting the ID-do they match? Pay particular attention to distinguishing facial features
• calculate that the date of birth on the ID does in fact confirm that the patron is over 18 (licenses can be issued to 17 year olds)
• ensure that the ID includes a hologram or other security feature.

Not only are you responsible for refusing the sale of liquor to a minor, you are also legally required to prevent liquor being supplied to a minor or being consumed by a minor. If another patron purchases liquor for a minor in the premises and that minor consumes the liquor on the premises, you could also be liable for allowing the liquor to be consumed by the minor.

Download the Australian ID Checking Guide order form (PDF 305 K).