What is the fine for supplying liquor to an intoxicated person wa?

Under the Liquor Act 1992, it is an offence to sell or supply liquor to an unduly intoxicated person. It is also an offence to allow unduly intoxicated persons to consume liquor on licensed premises.

If you observe a customer is buying drinks for an unduly intoxicated friend, advise them it is against the law for them to supply that friend with alcohol. Friends who supply liquor to an unduly intoxicated person can face heavy fines, along with the licensee or staff for allowing it to happen.

The penalties listed below are current as at 1 July. The values change each year on this date.

Read more about penalties for irresponsible service of alcohol.

Penalties for patrons

Penalties apply for the patron too, so by removing them from the premises you are doing them a favour!

Also consider...

• Last reviewed: 25 Jun 2019
• Last updated: 1 Jul 2022

The sale, supply and consumption of alcohol in WA is regulated by the Liquor Control Act 1988. The act contains offences relating to selling or supplying alcohol to a person who is below the legal drinking age. It also makes it illegal to allow underage persons into licensed premises, except under particular circumstances. This article outlines the laws relating to underage drinking in WA. 

Licensed Premises And Underage Persons

Minors are not allowed into licensed premises in WA unless:

• they are accompanied and supervised by a parent or guardian;
• they are there to eat a meal;
• they are employed there;
• they are a member of the licensee’s family;

or in a number of other circumstances that are set out in section 120 of the act.

It is an offence to sell or supply alcohol to an underage person on licensed premises or to permit a minor to drink alcohol on licensed premises. This can attract a fine of up to $10,000 for the licensee or manager and up to $$4,000 for anyone else.

It is an offence for an adult to buy alcohol on behalf of a minor at licensed premises. When this happens both the adult and the minor may be fined $2,000.

It is an offence for the parent or guardian of a minor to leave them unaccompanied at licensed premises without first informing the licensee or an employee of the licensee. This can be punished by a fine of $2,000.

Underage Persons And Unlicensed Premises

A person must not supply alcohol to an underage person in WA on unlicensed premises unless they are the parent or guardian of the young person (or have permission from their parent or guardian). The penalty for this is a fine of $10,000.

A person must not supply alcohol to an underage person even with the permission of their parent or guardian if:

• the parent or guardian was intoxicated when they give permission;
• the adult is intoxicated;
• the underage person is intoxicated;
• the person is unable to supervise the young person’s consumption of alcohol.

An underage person commits an offence if they purchase or obtain or try to purchase, obtain or consume alcohol in WA. This can attract a fine of $2,000.

Sending Underage Person To Get Liquor

It is an offence to send a person, knowing or believing them to be underage, to licensed premises to buy or obtain alcohol. This can attract a fine of $2,000.

Defences

It is a defence to an offence involving the sale or supply of alcohol to an underage person if:

• the young person was a family member of the licensee or a person employed or living at the premises; or
• the young person was the spouse or partner of a lodger at the premises.

It is a defence to an offence of selling or supplying alcohol to a young person if the young person was over 16 and the accused believed on reasonable grounds that they were over 18.

Identification

When a staff member at licensed premises suspects that a person is under 18, they may ask the person their age and for evidence of their age. If the person fails to produce proof of age, they can be asked to leave.

A person who fails to leave premises when asked to do so, or who produces a fake ID, can be fined $2,000.

If staff believe that ID is false, they may confiscate the document.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.  

Alcohol laws vary in each state and territory in Australia. In Western Australia, the alcohol laws are governed by the Liquor Control Act 1988.

Secondary supply laws

On 20 November 2015, new laws came into effect regarding the secondary supply of alcohol. Under this law it is an offence for anyone to supply under 18s with alcohol in a private setting without parental or guardian permission. This offence carries a maximum penalty of $10,000.

Alcohol can increase the risk of injury, mental health problems, and cause permanent damage to young peoples' developing brain. For these reasons, the National Health Guidelines state children and people under 18 years of age should not drink alcohol. 

Parents not wanting their children to drink alcohol are now supported in the liquor laws as secondary supply law means it is illegal to give alcohol to another person's child, on a private premises, without parental permission.

For detailed information on secondary supply, please refer to these FAQs or visit the Department of Racing, Gaming and Liquor website.

Frequently asked questions

Is it against the law for a 17 year old to supply alcohol to another 17 year old?

Yes. Regardless of the age of the person supplying alcohol, it is against the law to supply alcohol to a person under the age of 18 years without the permission of a parent or guardian.1 

Can an 18 year old supply alcohol to a 17 year old friend?

No. Only parents or guardians can give permission for others to supply alcohol to their child. Supplying alcohol to a young person under the age of 18 without parental permission carries a $10,000 penalty.2

Can a 17 year olds parent give permission for an 18 year old friend to supply alcohol to the 17 year old?

Yes, provided permission is given by the 17 year olds parent or guardian.

If permission is given, the law requires the person supplying the alcohol to comply with responsible service requirements at all times. This includes:

• Not supplying alcohol if the person supplying the alcohol is drunk.
• Not supplying alcohol to the 17 year old if they are drunk.
• Supervising the consumption of alcohol by the 17 year old at all times.
• Not supplying alcohol to the 17 year old if, at the time the permission was given, the parent or guardian was drunk.

If I am an 18 year old adult, can I give permission for my friend to be supplied alcohol?

No. Only parents or guardians can give permission for others to supply alcohol to their child. Supplying alcohol to a young person under the age of 18 without parental permission carries a maximum $10,000 penalty. 4

I am hosting a gathering for my 17 year old daughter and her friends. One of my daughter’s friends told me her mother had given her permission to drink alcohol. Is it okay for me to give her a drink at my house?

No. You must obtain permission directly from your daughter's friend's parent or guardian.5 This is preferable to be in writing, but if not, you must be satisfied the person you have spoken with is the juvenile's parent or guardian and they are not drunk when they give their consent. Without permission, you are liable for a penalty of up to $10,000.

The law now requires that if you are supplying alcohol to a person under 18 years old in your home you must observe responsible supervision practices at all times.6 This includes making sure these young people don't get drunk (or you do not get drunk yourself) and that you are able to supervise their consumption of alcohol at all times.

If I am 18 years old, can I take alcohol in my car if I have 17 year old passengers?

Yes, provided the alcohol is not opened.

In the case of Leavers, it is possible your car may be searched by Police if you are driving to your leavers destination. If Police suspect the alcohol in your car is intended to be consumed by someone under the age of 18 years, they can confiscate the alcohol and you are liable for a $2,000 fine.

What happens if I get caught attempting to buy alcohol when I am underage, or with a fake ID?

If you are under the age of 18, it is illegal for you to purchase, or attempt to purchase alcohol.7 The service of alcohol can be refused if you are asked to provide ID and you can not or do not.

To buy alcohol, you must show identification that proves you are 18 years or older.

There are only three acceptable forms of photo ID (Section 126(2) Liquor Control Act 1988):

• current Australian Driver's Licence with photograph
• current passport
• current Western Australian Proof of age card

It is against the law to make a false statement, using fake or misleading identification regarding your age. The maximum penalty is $10,000 and the alcohol purchased can be confiscated or destroyed by Police.

Asking someone over the age of 18 to buy alcohol for you is also against the law. The maximum penalty for you and the person intending to buy you alcohol is $10,000.

Alcohol laws – licensed premises and public places

The laws are different in each State or Territory regarding alcohol use by people under the age of 18. According to the Liquor Control Act 1988 in Western Australia:

1

Liquor Control Act 1988,123(1) S122A p. 223

Liquor Control Act 1988,121(1) S122A p. 223

Liquor Control Act 1988,121(1) S122A p. 223

Liquor Control Act 1988,119(1) p. 226

Liquor Control Act 1988,119(1) S.121 p. 217

Liquor Control Act 1988,119(1) S.121 p. 219

Liquor Control Act 1988,119(1) p. 226

Liquor Control Act 1988,119(1) p. 222

Liquor Control Act 1988,119(1) p. 225

Liquor Control Act 1988,119(1) p. 213

Liquor Control Act 1988,119(1) p. 226