Rules for drinking at venues
Licensed venues like restaurants, bars and clubs have legal responsibilities they must meet when serving alcohol on-site. Some of these rules also apply to takeaway alcohol, but on-site drinking is covered by more specific conditions.
Premises are legally allowed to:
- refuse you service
- refuse you entry
- have you removed from the premises.
It is fair treatment under the law, but if you feel you were discriminated against, learn more or make a complaint on the NT Anti-Discrimination Commission website.
Read more about a licensed venue's legal duty to refuse service.
You may be required to show ID to prove you are of legal age to drink alcohol.
It's the law that staff seize ID that they reasonably believe to be fake or believe it does not belong to you.
If your ID card has been taken, contact Licensing NT on 08 8999 1800.
Licensed venues must follow the law under the Tobacco Control Act 2002 and Tobacco Control Regulations 2002.
If the venue has an outdoor area, smoking might be allowed in a designated area.
It will be clearly signed as smoking.
You will not be served food or drinks in these areas.
It is also the law that smoking areas cannot be more attractive to customers such as with entertainment like live music, pool tables or gaming machines.
Venues have a legal duty of care to all customers, drink spiking is taken seriously.
To prevent drink spiking you should:
- always get your own drink and watch it being poured
- never leave drinks unattended
- never accept drinks from others
- never assume a friend is simply drunk – ensure they get home safely.
If a person is unwell, unconscious or experiencing serious symptoms call an ambulance on 000.
Report suspected drink spiking to the venue staff and to the police on 131 444.
It’s illegal for staff to serve anyone under 18 year old alcohol.
There are also serious penalties for adults who help children break the law.
What children can’t do:
- buy or collect alcohol from a bottle shop, bar, restaurant or other licensed venue
- pretend to be 18 to buy alcohol or enter a licensed venue
- use a fake or borrowed ID to try to buy alcohol or get into a venue that sells it.
What adults can’t do:
- send a child to buy or collect alcohol
- give a child an ID to lie about their age
- serve or supply alcohol to a child at a licensed venue.
Licensed venues must follow strict rules to prevent underage drinking, this includes:
- checking ID
- removing a child who is on the premises unlawfully.
Staff and licensees can be fined if they don’t follow these rules.
Get the unit value of a penalty unit (PU) on the Attorney-General's Department website.
Refusing to leave
| Offence | Infringement penalty | Maximum penalty |
|---|---|---|
| Failure to leave immediately when excluded or removed under section 141 or 142 | 1 PU | 20 PU |
| Re-enter or attempt to re-enter a licensed premises within 12 hours after being excluded or removed under section 141 or 142 | 1 PU | 20 PU |
Falsifying or refusing to give information
| Offence | Infringement penalty | Maximum penalty |
|---|---|---|
| Failure to comply with a requirement or direction given to a person under section 250(2),(3)(a) or (7) including to provide information and ID | 2 PU | 50 PU |
| Intentionally misrepresenting identity to a licensee or employee at the time of purchase, for the purpose of buying liquor | 1 PU | 50 PU |
| Provide false information to an inspector or police | 1 PU | 50 PU or 6 months jail |
| A person intentionally and falsely represents that they or another person is an inspector | No infringement, up to maximum penalty applies | 50 PU or 6 months jail |
ID
| Offence | Infringement penalty | Maximum penalty |
|---|---|---|
| Present a false or fictitious ID document to purchase liquor | 1 PU | 50 PU |
| Give ID documents to another person to use as that person’s ID, to purchase liquor | 1 PU | 50 PU |
Alcohol and young people
| Offence | Infringement penalty | Maximum penalty |
|---|---|---|
Send a child to purchase or collect liquor from a licensed premises | 3 PU | 50 PU |
Child misrepresents age for the purpose of entering or remaining on a licensed premises or purchasing liquor | 0.5 PU | 50 PU |
Child presents false ID document to purchase liquor | 0.5 PU | 50 PU |
Provide ID to a child to misrepresent the age or identity of the child for the purpose of purchasing liquor, or entering or remaining on a licensed premises | 1 PU | 50 PU |
A person who is not a parent, step-parent or guardian or otherwise supervising the child responsibly to serve or supply liquor to a child | 3 PU | 100 PU |
Illegal purchasing of alcohol
| Offence | Infringement penalty | Maximum penalty |
|---|---|---|
Purchase unlicensed or unauthorised liquor | 2 PU | 100 PU |