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We are here with Anna from the VCGLR to talk about the rules and regulations relating to minors and alcohol on licensed premises.
Q. Firstly, what is a minor?
Anyone under the age of 18 is considered a minor in Victoria in regards to liquor and gaming licensing regulations.
Q. Is a minor allowed on a licensed premise?
The Liquor Control Reform Act states a person under the age of 18 is not allowed on licensed premises but there are exceptions.
Q. Can you tell me what the exceptions are?
There are quite a number of exceptions which allow minors to be on licensed premises. These are:
Q. You mentioned being with a responsible adult. What is a responsible adult?
A responsible adult is defined as a person who is 18 or over and is:
Q. Can a minor be at a licensed restaurant or café without a responsible adult?
They may be on the premises during ordinary trading hours, which are between 7am and 11pm.
Q. Can a minor drink alcohol on a licenced premises?
No, a minor cannot be served alcohol or drink alcohol under any circumstances.
Q. A lot of minors are involved in sporting clubs which have a liquor licence; can a minor be on these premises?
Generally speaking, minors must be accompanied by a responsible adult on a licensed premise. Clubs may apply for approval to allow unaccompanied minors on their licensed premises for sporting and ancillary activities. Minors must be accompanied by a responsible adult to attend social functions.
What would be considered an ancillary activity?
Activities such as:
These are all considered ancillary activities but don’t forget you need VCGLR approval for this to apply.
Q. There seems to be a number of different situations where minors can be on a licensed premises – do licensees HAVE to allow them?
No you don’t have to allow minors on your licensed premises. A licensee can refuse entry to any person as long as they are not being discriminatory.
Q. So what should licensees do if they don’t want minors on their premises?
Licensees are encouraged to develop their own ‘house policy’ where they outline decisions around minors. House policies help to clearly outline business practices for patrons and staff alike.
For example, they may include rules stating things like:
Licensees need to remember that these are business decisions only, not legal requirements.
Q. Is there any signage relating to minors which needs to be displayed?
Yes, licensees are required by law to display posters that talk about under 18’s.
You can check which posters you need by visiting the VCGLR website and downloading the fact sheet titled “Required signage for licensed premises.
Q. What happens if you believe someone is purchasing alcohol for a minor? Should you refuse service?
Yes, licensees (and their staff) should refuse service to a person if they believe they are purchasing it for a minor. This is called secondary supply, and it is illegal.
There are fines exceeding $19,000 for the licensee and the employee selling the alcohol. Fines also apply to the person trying to buy the alcohol so it is important to know what the rules are.
OK, let’s talk about the rules regarding minors working on licensed premises. You said earlier they can be employed but not involved with the sale or supply of alcohol?
Yes, that’s right. Minors can be employed for duties such as:
But they cannot take an order for alcohol, deliver alcohol to a table or take payment for alcohol.
Q. So a minor can’t serve alcohol at all?
No, not unless they are part of a VCGLR approved training program.
It is important to remember a minor can’t even take payment for an alcohol order – even if it’s combined with a food order.
Q. Where can I find more information?
Visit the VCGLR website at www.vcglr.vic.gov.au
You can also follow us on Twitter and Facebook
Thanks for joining us today Anna
Raffles are a common way of fund raising and some people who organise them may not be aware that there are rules and regulations governing the way they are run. Today we are going to discuss raffles and the rules relating to them. Narelle from the VCGLR Client Services team is going to give us the run-down on all the requirements.
Q. Can anyone run a public raffle?
Yes, if they’re raising funds on behalf of a declared community or charitable organisation or political party, they are over 18 and they follow all the requirements outlined in the Gambling Regulations Act and the Gambling Regulations.
Q. Can anyone run a private raffle?
Yes, if the people taking part are employees of the same employer. It’s basically an internal raffle where the net proceeds are used for something for the employees and the value of the prize does not exceed $5000
Q. Can a business or an individual run a public raffle and keep the funds raised?
No, that would be illegal. A business or individual cannot run a public raffle and keep the proceeds. A public raffle must be for the benefit of a declared community or charitable organisation or political party.
Q. How does an organisation be declared as an approved community or charitable organisation?
The organisation needs to apply to the VCGLR. They complete the ‘Declaration as a community or charitable organisation’ application form making sure they meet specific criteria, which are on our website.
Q. Is there a way to check if an organisation is declared?
Yes, go to the VCGLR website and there you will find the list of all declared community and charitable organisations.
Q. How do I organise a public raffle on behalf of a declared organisation?
To organise a public raffle on behalf of a declared organisation, you need to have written consent from the governing body of that organisation.
Q. Do you need to have a permit to run a public raffle?
You need a permit if the total value of prizes is over $5000 or if the public raffle is going to be held for longer than 3 months. The application must be lodged not less than 21 days before the raffle is held.
Q. So, if the total prize value is under $5000 what do I have to be aware of?
You have to be aware of things like the number of tickets that can be sold, what information must be advertised on the ticket, and when the prize must be drawn depending on the total prize value. There are specific requirements that need to be met for all raffles. For example raffles worth $500 or less, $5000 or less and $5000 or more, all have specific requirements. It’s important to check our website for details and to comply with the Gambling Regulation Act and the Gambling Regulations.
Q. You mentioned that there are requirements about the number of tickets that can be sold for public raffles with a total prize value of $5000 or less, how is this calculated?
The value of tickets must be not less than twice the value of the prize and not more than six times the value of the prizes.
For example, if you are raffling a meat tray worth $50 you need to have available a minimum of $100 worth of tickets and no more than $300 worth of tickets.
Q. Are there rules that apply to all public raffles regardless of the prize amount?
Yes, there are some rules that apply to all public raffles, these are:
Q. What is a reverse raffle?
A reverse raffle is where the last ticket drawn is declared the winner. The law states that the first raffle ticket drawn must win first prize.
Q. Can a licensed venue have alcohol as a raffle prize? For example, a bottle of wine in a hamper?
It depends on the liquor licence category and conditions. If the licence conditions allow for them to supply liquor off their premise, then it’s ok for them to offer alcohol as a prize, provided other legal requirements are satisfied.
There are quite a number of regulations to be aware when planning to conduct a raffle.
The regulations are there to ensure that raffles are fair and that funds raised are going to appropriate organisations. They are there to protect the public and legitimate organisations.
Thanks for joining us today.
If you’d like to find out more information about raffles or other minor gaming activities visit the VCGLR website.