Can alcohol or tobacco be sold to minors?
No: selling or serving alcohol and tobacco to minors is prohibited — and it's the seller who's punished. Alcohol is governed by DL 50/2013 (amended by DL 106/2015) and tobacco by Law 37/2007. It's prohibited to sell spirits to under-18s and any alcoholic drink to under-16s (official messaging treats the line as 18 in practice). Tobacco (including heated and e-cigarettes) can't be sold to under-18s. Liability falls on the seller/establishment, not the minor, and ID may/should be required when in doubt. Enforced by the ASAE, PSP and GNR. In short: no, and the seller is the one who answers.
📋 The rules
- Prohibited: spirits to under-18s
- Prohibited: any alcohol to under-16s
- Tobacco (incl. heated/e-cig): prohibited to under-18s
- The seller/establishment answers, not the minor
- ID may be required when in doubt
🔓 Exceptions
- Warning signage on the prohibitions is mandatory
- Alcohol banned in vending machines and motorway service areas
- No fine for the minor, but protective measures
⚠️ Penalties & fines
Selling alcohol to a minor is a very serious offence: €1,200 to €7,500 (individual) and, as a rule, €2,500 to €30,000 (company), up to €90,000 for the largest firms, with possible loss of the product and an activity ban up to 2 years. Selling tobacco to a minor (Law 37/2007) costs about €2,000 to €3,750 (individuals) and up to €250,000 (companies). Beware two confusions: "selling alcohol to a minor is a crime, like in Brazil" — in Brazil it is a crime (art. 243 of the ECA), but in Portugal it's an administrative offence, a fine on the seller via the ASAE; and "Law 109/2015 governs alcohol" is false — that's a tobacco amendment; alcohol is DL 50/2013. To comply: don't sell to minors, ask for ID when in doubt and post the mandatory signage.
📎 Official sources
❓ Frequently asked
Can alcohol be sold to a minor?
No. It's prohibited to sell or serve spirits to under-18s and any alcoholic drinks to under-16s, with official messaging treating the line as 18 in practice. Liability falls on the seller or establishment, and selling to a minor is a very serious offence.
Who is fined, the minor or the seller?
It's the seller or establishment that's held liable, not the minor. No fine applies to the minor, but protective measures can. The law places the burden on the seller, who must refuse the sale and, when in doubt about age, require an ID document.
And tobacco and e-cigarettes?
Tobacco, including heated tobacco and nicotine e-cigarettes, can't be sold to under-18s, under the Tobacco Law. As with alcohol, liability falls on the seller. Selling tobacco to a minor is an offence, fined with potentially high amounts.
What's the fine for selling alcohol to a minor?
Selling alcohol to a minor is a very serious offence, fined €1,200 to €7,500 for individuals and, as a rule, €2,500 to €30,000 for companies, up to €90,000 for the largest firms. There can also be loss of the product and an activity ban up to two years.
Is selling alcohol to a minor a crime?
In Portugal, no. It's an administrative offence, i.e. punishable by a fine applied by the ASAE, not a crime with a criminal conviction. In Brazil, by contrast, selling alcohol to a minor is a crime, set in the Statute of the Child and Adolescent. It's a frequent confusion between the two systems.
🔎 Common searches
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