There are offences in the Act that may not be specified in the conditions of the licence but which are still the responsibility of the Duty Manager to control. These include:
Offences and Penalties
Sale or supply of liquor from unlicensed premises: 3 months prison & PENALTY $40,000
Sale or supply of liquor by an unlicensed occupier: 3 months prison & PENALTY $40,000
Allowing a premise to be used as a place of resort for consumption of liquor: PENALTY $20,000
Unauthorised supply of liquor
Licensee or Manager: 7 days loss of licence & PENALTY $20,000
This may be sale or supply to persons unauthorised by the licence or sale outside the licensed hours
Allowing people other than staff onto premises outside the licensed hours: PENALTY $10,000
Sale of liquor to minors (under 18 years)
Licensee or Manager: 7 days loss of licence & PENALTY $10,000
Any other server: PENALTY $2,000
Minors may not be legally allowed on the premise depending on the designation on the licence.
Permitting minors to be in a restricted area
Licensee or Manager: PENALTY $2,000
(unless they are staff employed other than for the sale and supply of liquor)
Permitting minors to be in a supervised area unaccompanied by a parent or legal guardian.
Licensee or Manager: PENALTY $2,000 (unless they are staff)
Anyone is allowed in an undesignated area, but a minor may only consume liquor if it has been supplied by their parent or legal guardian.
Sale of liquor to intoxicated persons
Licensee or Manager: PENALTY $10,000
Any other server: PENALTY $2,000
Allowing a person to become intoxicated
Licensee or Manager: PENALTY $10,000
Any other server: PENALTY $2,000
Allowing an intoxicated person to remain on the premises: PENALTY $4,000
Allowing insulting, disorderly or violent behaviour: PENALTY $4,000
Promotion of excessive consumption of liquor: PENALTY $5,000
Licensee failing to appoint a Duty Manager or display signage: PENALTY $5,000
Service of spirits in larger than a 500ml vessel: PENALTY $2,000
Failure to admit a Police Officer or Licensing Inspector: PENALTY $2,000
(or to provide required documents)
Being found on a premise being used as a place of resort: PENALTY $2,000
Being a minor purchasing liquor from an unlicensed premise: PENALTY $2,000
Being a minor in a restricted area: PENALTY $1,000
Being a minor in a supervised area unaccompanied by a parent or legal guardian: PENALTY $1,000
Purchasing liquor to supply a minor who is not your child: PENALTY $2,000
Being a minor in a restricted area, or in a supervised area unaccompanied by a parent or legal guardian, or purchasing liquor, or consuming liquor in a public place (Police Infringement Notice): PENALTY$200
Being a minor giving false representation of age: PENALTY$2000 (if written) or PENALTY$1000 (if verbal)
If you are ever unsure if you should serve a customer alcohol, then maybe you shouldn’t. You have the right of refusal of service at any time, as long as you are not breaching the Human Rights Act, explained in the next section.