- Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor.
- Except as provided in Section 25667, any person under the age of 21 years who purchases any alcoholic beverage, or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.
- Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under the age of 21 years, and the person under the age of 21 years thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor.
- Any on-sale licensee who knowingly permits a person under the age of 21 years to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under the age of 21 years, is guilty of a misdemeanor.
B & P Code 25658.5.
Attempt To Purchase By Minor
- Any person under the age of 21 years who attempts to purchase any alcoholic beverage from a licensee, or the licensee’s agent or employee, is guilty of an infraction and shall be punished by a fine of not more than two hundred fifty dollars ($250), or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as determined by the court. A second or subsequent violation of this section shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service, as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner’s office, if available, in the area where the violation occurred or where the person resides.
- The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section 13202.5 of the Vehicle Code.
B & P Code 25660.
Documentary Evidence of Age
- Bona fide evidence of majority and identity of the person is any of the following: (1) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and picture of the person. (2) A valid passport issued by the United States or by a foreign government. (3) A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.
- Proof that the defendant-licensee, or his or her employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663,or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
B & P Code 25659.
Right to Refuse Service to Minors
For the purpose of preventing the violation of Section 25658, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees, decision to not seize a license shall not create any civil or criminal liability.
B & P Code 25663. Employment of Minors
- Except as provided in subdivision (c), no licensee that sells or serves alcoholic beverages for consumption on the premises shall employ any person under 21 years of age for the purpose of preparing or serving alcoholic beverages. Every person who employs or uses the services of any person under the age of 21 years in or on that portion of any premises, during business hours, which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises, is guilty of a misdemeanor.
- Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older.
- Any person between 18 and 21 years of age employed in any bona fide public eating place, as defined in Sections 23038 and 23038.1, which is licensed for the on-sale of alcoholic beverages, may serve alcoholic beverages to consumers only under the following circumstances: such service occurs in an area primarily designed and used for the sale and service of food for consumption on the premises; and the primary duties of the employee shall be the service of meals to guests, with the service of alcoholic beverages being incidental to such duties. For purposes of this subdivision, “serve” or “service” includes the delivery, presentation, opening, or pouring of an alcoholic beverage.
B & P Code 25663.5.
Minor Musicians (On-Sale Only)
Notwithstanding Section 25663 or any other provision of law, persons 18 to 21 years of age may be employed as musicians, for entertainment purposes only, during business hours on premises which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises, if live acts, demonstrations, or exhibitions which involve the exposure of the private parts or buttocks of any participant or the breasts of any female participant are not allowed on such premises. However, the area of such employment shall be limited to a portion of the premises that is restricted to the use exclusively of musicians or entertainers in the performance of their functions, and no alcoholic beverages shall be sold, served, consumed, or taken into that area.
B & P Code 25665.Minors in Public Premises
(On-Sale Only)
Any licensee under an on-sale license issued for public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein is guilty of a misdemeanor. Any person under the age of 21 years who enters and remains in the licensed public premises without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended.
CCR Rule 107. Retailers Required To Post Warning Notice
The licensee of each premises licensed with an on-sale license for public premises shall maintain a clearly legible permanent sign, not less than 7" x 11" in size reading, “No Person Under 21 Allowed” at or near each public entrance thereto in such a manner that such sign shall be visible from the exterior of each public entrance.
The lettering of such sign shall be no less than one inch in height. A sign of like size and content shall be maintained at a prominent place in the interior of the premises.
Additional information may be obtained by contacting:
Alcoholic Beverage Control3927 Lennane Drive, Suite 100
Sacramento, CA 95834
- In Victoria, there are alcohol laws governing drinking in a public place, underage drinking, liquor licensing and drink driving.
- Breaches of the law carry penalties, such as fines, imprisonment and loss of licence.
- Victoria’s alcohol laws aim to minimise harm from alcohol.
- drinking in a public place
- underage drinking (including secondary supply )
- liquor licensing
- drink driving.
You are breaking the law anywhere in Australia if you drink and drive with a blood alcohol concentration (BAC) over 0.05.
Public drunkenness in Victoria
Under Victoria’s Summary Offences Act 1966 , there are a few ways you can get in trouble with the law while drinking alcohol in a public place.
If you’re drunk in a public place , there are 3 offences you can be arrested and charged with. Police may also place you in custody until you are sober.
If you’re convicted of one of these offences, the following penalties apply:
These are:
Offence | Penalty |
| |
|
|
|
|
A penalty unit is how a fine is calculated. The amount of one penalty unit is indexed and increases each year on 1 July. Currently, one penalty unit is over $180.
Victoria Legal Aid has more information about current penalty unit rates . However, this offense is set to be decriminalised in Victoria in 2023 .
Under the Liquor Control Reform Act 1998 , certain areas shown to have a greater tendency for alcohol related violence and antisocial behaviour can be classified as ‘designated areas ’. This determination is made by the Victorian Liquor Commission (VLC) in consultation with the Chief Commissioner of Police.
Once an area has been ‘designated’ Victoria Police has the power to ban people from that area for up to 72 hours for various offences (including drunkenness, physical assault, destroying or damaging property and failure to leave licensed premises. Repeat offenders can be banned for up to 12 months.
Barring problem customers from licensed premises
There are 3 ways problem customers can be barred or banned from licensed premises:
- General powers to refuse entry – every licensee can refuse entry or ask a person to leave (as long as this refusal is non-discriminatory)
- Ban entry under a liquor accord – licensees can join or sign a ‘liquor accord agreement’ to ban troublesome people.
- Issue a Barring Order Victoria Police, licensees or ‘responsible persons’ can issue an order that is enforced by Victoria Police.
Barring orders
When someone is served with a Barring Order, they must leave the venue and its vicinity (the area within 20 metres of the venue). They cannot return until the Barring Order expires.
If you do not comply with the requirements of a Barring Order, police may issue an on-the-spot fine.
Barring can be for up to 1 month (for a first order). If you’ve been barred more than once, you can be barred for up to 6 months.
Victoria’s laws for underage drinking
The legal drinking age in Victoria is 18. If you’re under 18, there are several ways you can get in trouble with the law if you buy or drink alcohol.
Buying alcohol
If you’re under 18, you’re not allowed to buy alcohol, even if you’re buying it for an adult (someone over the age of 18).
If you’re an adult who supplies alcohol for someone who is under 18, this is known as secondary supply .
If you’re under 18 and you ask someone over 18 to buy alcohol for you they can get fined. Secondary supply is completely prohibited in a licensed venue. In a private residence, alcohol can be supplied by a parent or guardian of the minor, or by a responsible adult who has explicit permission from the parent or guardian.
These laws and penalties also apply to online alcohol orders and deliveries.
Places that are licenced to supply alcohol and delivery companies need to check identification (IDs) and make sure they do not give alcohol to anyone who is already intoxicated.
Going to a pub, bar or other licensed premises
If you are under 18, you are not allowed to be in a licensed place (such as a bar or pub) where alcohol is served unless you are:
- with a responsible adult
- having a meal
- a resident of the licensed place
- employed by the licensed venue but not involved in the supply of alcohol
- completing an approved training program in hospitality.
You, the person who is serving you, and the owner of the licensed place, can be fined if you’re caught and do not satisfy one or more of the above categories.
A liquor licensee can receive hefty fines (in the thousands) for selling alcohol to a minor (anyone under 18).
Proof of age
You may be asked for proof of age in a licensed place or when ordering alcohol online.
People selling alcohol in licensed places can be fined if they serve alcohol to someone who is under the legal drinking age (under 18).
It’s an offence to give a false name and address, or to refuse to show proof of age, and you can be fined.
A driver’s licence is the best proof of age , but if you don’t have one, you can get a proof of age card which is recognised across Australia. Application forms are available at some VicRoads and Australia Post offices and the Victorian Liquor Commission.
Underage drinking in private homes
The Liquor Control Reform Act requires adults supplying alcohol to anyone under 18 in their home to demonstrate responsible supervision of the supply of liquor. The following laws apply:
- parents or guardians may allow their children (under 18) to drink in their own home
- you cannot supply alcohol to any other children (under 18) in your home without consent from their parent or guardian. Hefty fines apply.
If you are organising a party or social event for anyone under 18 you need to get written consent from their parents or guardians.
Authorities consider certain factors to determine whether responsible supervision has been demonstrated. This includes:
- age of the young person and whether they are intoxicated (drunk)
- whether the adult supplying the liquor is intoxicated
- whether the young person consumes food with the alcohol
- whether the adult who supplies the alcohol provides adequate supervision of the young person who is drinking
- the quantity and type of alcohol supplied
- how long the alcohol is supplied.
Penalties for underage drinking
Penalties are in place to help minimise the risks of drinking for anyone under 18. One penalty unit is nearly $190 – the maximum is 60 penalty units.
The following penalties apply in Victoria:
| Offence | Penalty units |
| 60 units (maximum) |
| up to 10 units |
| up to 5 units |
Victoria’s liquor licensing laws
Every state and territory has liquor licensing laws. Liquor licences regulate:
- who supplies alcohol
- who it can be supplied to
- when it can supplied or consumed
- where it can be supplied or consumed
- how it is supplied.
In Victoria, the Liquor Control Reform Act 1998 controls the sale and supply of alcohol. One of its objectives is to minimise alcohol-related harm.
The VLC administers Victoria’s liquor licensing laws . It’s an independent statutory authority responsible for:
- administering liquor licences
- undertaking disciplinary action where necessary
- promoting awareness of and voluntary compliance with the State’s liquor laws.
Generally, anyone who intends to sell or provide liquor in Victoria must have a liquor licence from the VLC. However, there are a number of exemptions for smaller businesses whose primary service is not liquor-related.
People in the community have the right to object to an application for a liquor licence. More information is available from the Alcohol and Drug Foundation's community hub .
Breaches of a liquor licence carry penalties .
Drink driving laws in Victoria
Alcohol is a major factor in road deaths in Victoria.
According to the Transport Accident Commission around 1 in 5 drivers and riders killed each year in Victoria had a blood alcohol concentration (BAC) over the legal limit of 0.05.
Blood alcohol concentration (BAC) limit
The legal blood alcohol concentration (BAC) limit for fully licensed drivers in Victoria, and all other states and territories, is 0.05.
In Victoria, you must have a zero (0.00) BAC if you are:
- on a learner permit (L plates)
- on a probationary licence (P1 or P2 plates)
- a bus or taxi driver
- drive a truck over 4.5 tonnes GVM
- a restricted motorcycle rider (shown as an ‘E’ condition)
- a driver who has been relicensed after a drink-driving or drug-driving cancellation
- a driving instructor.
Factors that influence blood alcohol concentration (BAC)
The only way to accurately measure your BAC is by using a fully calibrated testing machine.
A lot of factors can influence your BAC. These include:
- the amount and type of alcohol consumed
- the rate of drinking and time since the last drink
- the amount of alcohol remaining in the stomach
- other foods or liquids in the stomach
- the amount of alcohol already metabolised by the liver
- your general health
- the condition of your liver
- your metabolic rate
- physical factors (such as body size and lean tissue to body fat ratio)
- volume of water in body tissues – can be affected by things such as medication, illness and your menstrual cycle.
As everyone’s BAC can be different, the only way to be sure is to not drink alcohol if you are going to drive.
Breath testing
Victoria Police carries out extensive roadside breath testing , screening millions of drivers for the presence of alcohol each year.
The procedure is straightforward. The driver is instructed to blow into a hand-held device until deep lung air is exhaled. The BAC reading is given on the digital display.
Refusing a breath test is a serious offence with severe penalties. A driver who does not cooperate is likely to be fined and disqualified from driving.
Drink driving penalties in Victoria
In Victoria, the penalties for drink driving depend on factors such as:
- your BAC level
- type of offence and when it happened
- your age
- driver’s licence or permit held
- whether you have prior drink-driving offences.
If you are convicted of drink driving in Victoria you may:
It is also an offence to drink alcohol while driving a car, or while sitting beside someone who is learning to drive, even if there is no alcohol detected in the driver's blood or breath.
Significant penalties also apply in Victoria to drivers who are caught driving with a combination of illicit drugs in their system and a blood or BAC reading over the legal limit.
Where to get help
- Australian guidelines to reduce health risks from drinking alcohol , 2019, National Health and Medical Research Council.
- Alcohol , 2020, Alcohol and Drug Foundation.
- Alcohol , Department of Health, Australian Government.
- Alcohol and other drugs , VicRoads, Victorian Government.
- Public drunkenness , Victoria Legal Aid, Victorian Government
- Barring powers – liquor licensing fact sheet , Victorian Liquor Commission
- Victoria - liquor licensing , Alcohol and Drug Foundation, Australia
This page has been produced in consultation with and approved by:
This page has been produced in consultation with and approved by:
This page has been produced in consultation with and approved by:
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