Offences and Penalties

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)

There are also offences and penalties the customer may be liable for:

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)

It is also the duty of the Licensee and Certified Manager to ensure that all staff are aware of legal and moral responsibilities and compliance requirements so that the team functions effectively and efficiently.

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.