Hiring under-18s in a licensed NSW venue: what they can do, the approval you need and the shifts they can't cover

Two girls aged 16 and 17 were on school work experience at a Gosford bar and restaurant, and the conditions of the placement said no alcohol. They served patrons anyway, a teacher overheard them talking about it, and in May 2019 the manager left the Downing Centre Local Court with a conviction, a $2,500 fine and more than $17,000 in legal costs.

The manager's lawyer said other staff appeared to have asked the girls to take drinks to tables. The manager hadn't ruled out an appeal at the time, and we couldn't find a report of one. That's the trap: under-18s are a legal and often sensible hire, and a 17 year old in your kitchen costs a bit over half what an adult does, but the line sits at the drink, not the job title. A busy Friday moves a junior across it in one tray.

The short version: in NSW, a licensee must not let anyone under 18 sell, supply or serve liquor without approval from the Independent Liquor & Gaming Authority (the state's liquor regulator), under section 119 of the Liquor Act 2007. The maximum is 50 penalty units, or $5,500. Whether a junior can simply be on your premises depends on your licence: a restaurant is very different from a pub. This is general information, not legal advice.

Your licence decides whether you need approval

Section 119 (no serving) applies on all licensed premises. Sections 123 and 124 (where a minor can be) only bite on certain venue types, and that's what decides your paperwork.

• Unlicensed cafe: no liquor licence, so no section 119 and no approval.
• Restaurant or licensed cafe: NSW's on-premises licence table lists restaurants as "under 18s allowed", and section 123 doesn't restrict them. The AM0190 approval form has no box for them either. Our reading: no AM0190 for a kitchen or floor job with no liquor in it, subject to your own licence conditions.
• Pub or club: a minor can't be in the bar area, meaning anywhere liquor is ordinarily sold or supplied for drinking on site. A dining area is excluded from that definition. Letting a minor in can cost the licensee up to 50 penalty units.
• Pub with a minors area authorisation: that lets minors in with a responsible adult, such as a parent. A 16 year old on shift doesn't have one beside them, so AM0190 has a box for this.
• Public entertainment venue or bottle shop: minors need a responsible adult, or approval as an employee who isn't selling or supplying. AM0190 covers both.
• Small bar: this runs on its own minors authorisation under section 122A, so ask before you hire.

What each role can do

NSW doesn't publish a list by job, so this table is our reading of the Act and the guidance, not an official ruling. Where a cell says grey, get it confirmed by Liquor & Gaming NSW in writing.

Stock is the other edge case. NSW guidance says authorised minors can stack sealed alcohol in storerooms and carry it in from a supply truck, but out of customers' view. Do it in a public area and it may count as a minor exposing liquor for sale, so don't let a junior restock the back bar during service.

Getting approval: there are two forms

AM0190 (file updated 26 November 2025) is for 14 to 17 year olds who work on the premises but don't touch alcohol. It tells you outright that it doesn't allow them to serve, supply or sell. AM0180 is the form it points to if you want under-18s serving.

1. Tick the area that applies in Part 2: bar area, minors area without an adult, public entertainment venue or bottle shop.
2. Write down why you want approval, the circumstances, the exact areas and the start and end times.
3. Pay the processing fee from the Liquor Fee Schedule. It isn't refunded if the application is withdrawn or refused.
4. Lodge every page by email, then track it on the Liquor & Gaming noticeboard.
5. Don't roster the junior until it's granted, then brief every supervisor on which areas are covered. They're the ones who hand over the tray.

What a junior costs per rostered hour

Hospitality Award juniors get 50% of the adult rate under 17 and 60% at 17. Under 18s who work 30 hours or fewer for you in a week attract no super, while an adult casual attracts 12%. Here's Level 1, the kitchen hand and glassie grade, at 1 July 2026 rates with no evening or night allowances. A brand-new starter can sit a little lower, at Introductory level, for up to 3 months.

A five-hour Saturday in the kitchen costs $118.95 with a 17 year old and $222.10 with an adult. Behind the bar, the gap shrinks to $24.37.

That's the row people miss. Clause 13.5 of the award pays a junior liquor service employee the full adult rate, so an approved 17 year old on the bar saves you only the super. The approval doesn't buy you a cheap bartender, so most venues are better off with juniors on food and adults on the bar.

• The 31st hour. Go past 30 hours in a week and 12% lands on the whole week, as we cost out in the 31st hour.
• The 10-hour cap. You can't require an under-18 to work more than 10 hours in a shift (clause 13.3).
• The 18th birthday. The rate rises to 70%, the super hours test ends, and with an RSA they can pour, at the adult rate if they're a liquor service employee.
• Parent signatures. A flexibility agreement (clause 5.7) and any wage deduction (clause 36.3) need a parent or guardian's signature or written agreement. Add that to your first-shift paperwork.
• The Restaurant Award. It has the same junior percentages and the same 10-hour and adult-rate clauses, but different dollar rates and different penalties.

Roster the juniors, then fill the bar

Shiftly is free rostering and award-aware timesheets with an on-demand staffing network built in: the roster that fills itself. You set each person's award, classification and date of birth, and the calculation tool helps you estimate junior pay against the award, which you still verify. It doesn't know your licence, so who's cleared for which area stays your call. When the shift a junior can't take goes unfilled, you can offer it to workers on the network, available along the east coast. You engage them directly as independent contractors, so check their RSA before they start. Get started with Shiftly.

Frequently asked questions

Can a 17 year old serve alcohol in a restaurant in NSW?

Not without Authority approval, and treat carrying a drink to a table as serving. Section 119 applies to every licence type, restaurants included. Being allowed on the premises is a separate question.

How old do you have to be to work in a restaurant that serves alcohol?

NSW sets no minimum age for casual or part-time work, according to Youth Law Australia, and restaurants can have under 18s on site. They just can't sell, supply or serve liquor without approval. In a pub, club or bottle shop, AM0190 only covers ages 14 to 17.

How old do you have to be to work at a cafe in Australia?

It varies by state, so check yours. In NSW there's no minimum age for casual or part-time work, but a school-age child can't work during school hours, and full-time work generally waits until they finish Year 10 or turn 17. Junior percentages are the same on both hospitality awards, but a cafe's award can change the dollars.

Does an RSA let a 16 or 17 year old pour drinks?

No. Anyone selling, serving or supplying liquor in NSW needs an RSA, but section 119 has no RSA exception, so a minor needs Authority approval as well. The Gosford manager was convicted on both counts: allowing minors to serve, and allowing an employee to sell without RSA certification.