Alcohol

When you need legal advice

Get legal advice if you:

  • have been charged with an alcohol-related offence
  • have been charged with another type of offence, including pretending to be 18 or producing a false document as proof of your age.

How to get legal advice

Entering licensed premises

If you’re under 18, it’s generally against the law for you to enter licensed premises. This includes:

  • a pub
  • a bar
  • a sports club
  • an RSL club.

There are some exceptions depending on your situation, including:

  • if you live there
  • if you work there (e.g. work experience or job training)
  • if you’re eating a meal on the premises, or you’re with a responsible adult (over 18) who is supervising you (but not if it’s after 5pm and the premises is being used for cabaret entertainment)
  • if you’re going to a function (e.g. a wedding or birthday party)
  • if the premises has a club licence and your being there doesn’t break any of their rules or licence conditions.

If you’re under 18, you’re not allowed to be in an area of a licensed premise where there is adult entertainment or sexually explicit acts taking place.

Buying and consuming alcohol in a licensed premises

If you’re under 18, it’s illegal to buy, drink or have alcohol with you in a licensed premises.

It’s also illegal for a person on a licensed premises (or on a street or place next to the licensed premises) to sell, supply or give you alcohol.

This includes:

  • asking an adult to buy alcohol for you
  • an adult sending you to a licensed premises to buy alcohol for them.

In some situations, a licensee, employee or agent of a licensee may refuse to serve you alcohol because you are too drunk.

What identification do I need to be on licensed premises?

A person working at a licensed premises may ask you to show proof of your age if they suspect (on reasonable grounds) you’re under 18.

The only acceptable proofs of age are:

  • a driver licence
  • a proof of age card issued by a government department or approved entity (e.g. photo identification card)
  • an Australian or foreign passport.

It’s illegal to pretend you’re 18, including using a false proof-of-age document that says you are over 18.

When can I have alcohol in a public place?

If you’re under 18:

  • it’s illegal to have alcohol with you or drink it in a public place
  • it’s illegal for a person to supply alcohol to you in a public place
  • you can still be charged with being intoxicated (i.e. drunk) in a public place at any age.

Dry areas

Certain areas in Queensland have alcohol restrictions which ban or limit the amount and type of alcohol that can be taken into a community.

A ‘dry place’ is a house where no alcohol is allowed. You can make a house a dry place (called a dry place declaration) in all discrete Aboriginal and Torres Strait Islander communities, including Mossman Gorge and Coen.

If you drink alcohol in a dry place, you can be fined.

Learn more about dry areas and dry places

Wet areas

If you’re under 18, a person can give you alcohol in a public place declared by the local government as a ‘wet area’—if you’re being supervised by a responsible adult (e.g. a parent, step-parent or guardian).

'Wet' areas are places approved by your local council to allow alcohol to be consumed in a public place—usually for special occasions, such as a wedding in the park.

A local council may choose a certain public place as a 'wet area' on an ongoing basis and nominate specific days and times when alcohol can be consumed. There are very few council-approved 'wet areas' in Queensland. Usually, permission is granted for a festival or one-off occasion, rather than a permanent 'wet' approval.

Drinking in a private home

There are no laws that make it an offence for a person under 18 to drink alcohol in a private home.

Acknowledgement—Prepared using fact sheets which are copyright to Youth Law Australia (formerly Lawstuff by the National Children's and Youth Law Centre).

How to get legal advice

We may give legal advice about dealing with the police, courts and being charged with a criminal offence, including alcohol-related offences.

Other places to get legal advice:

Who else can help?

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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