Planning and hosting a birthday party can be fun, but it is important to understand the risks involved. Many things can go wrong, but most are completely preventable; all it takes is a little bit more effort and planning from parents.
As a parent, hosting an 18th birthday party could expose you to legal liability, depending on how the event is managed. It is recommended to set clear boundaries to reduce risks such as noise complaints, underage drinking and offensive conduct.
Taking reasonable steps to supervise the event, control entry, and manage alcohol consumption can help minimise the risk of harm and potential legal consequences.
Additionally, informing the police that you are having a party by completing the Party Registration Form online is always helpful. This must be lodged at least 72 hours prior.
Noise Complaints
In New South Wales, offensive noise from a residential party can be unlawful at any time if it is loud enough to unreasonably disturb neighbours. Electronically amplified sounds, such as those from speakers or stereos, must not be clearly audible in a neighbouring residence during restricted hours.
The prohibited hours include between midnight and 8 am on Fridays, Saturdays, and the nights before public holidays, and after 10 pm on other days.
This would mean that you would have to be transparent with your teen about how late the music can be loud and when the party needs to start wrapping up.
Underage drinking
Many teenagers believe that a party without alcohol will be less enjoyable, which can create pressure on parents to provide alcohol. However, supplying alcohol to young people can expose parents to significant legal risks, particularly if an incident occurs during or after the event.
It is generally illegal for a person under 18 to consume alcohol. In NSW, providing alcohol to a minor is an offence unless the supplier is the young person’s parent or guardian, or has the express consent of a parent or guardian. This is regulated by secondary supply laws. It is important to note that responsible supervision must be provided, which involves many relevant matters, including:
- The age of the minor,
- The adult supplying the alcohol is not intoxicated,
- Not allowing the teenager to get drunk,
- Ensuring the teenager has eaten,
- Monitoring the consumption, type of alcohol and the time at which it is supplied.
The supply of liquor to a minor who is intoxicated is not, in any circumstances, consistent with the responsible supervision of the minor.
Realistically, this would be unattainable to maintain at your child’s birthday party. There are significant penalties that can be issued when alcohol is provided irresponsibly.
A person may receive an on-the-spot fine of $1,100 for this offence. If the matter proceeds to court, penalties can include fines of up to $11,000, imprisonment for up to 12 months, or both.
Security
Having some form of security is always helpful when preventing gatecrashers, which could then lead to offensive conduct. Security can also be classified as a family member checking off people’s names at the entrance. Cross-referencing the invite list with everyone attempting to enter your property will limit gatecrashers.
This poses the question of how much force is reasonable when removing a trespasser from your property. An uninvited person who attempts to enter your house and refuses to leave when asked can be guilty of trespassing. You may only use reasonable force; if you use any excessive force or cause injury, you could face criminal charges, including assault.
In most situations, the safest course of action is to direct the person to leave and contact the police if they refuse. A person who remains on the premises after being lawfully directed to leave may be charged with failing to comply with a move-on direction.
At Australian Criminal Law Group, we offer a free first consultation. This is an excellent opportunity to meet one of our experienced and proven criminal lawyers face-to-face, share the details about the case, and ask any questions you or they might have. All first consultations are obligation-free and conducted in the strictest confidence. You can read more about our first free consultation here.
Our team of criminal lawyers has 500+ 5-star reviews on Google and 60 years of combined experience, with each lawyer having 5 to 20 years of criminal law experience.
You can read our reviews here.