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Offences & 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.

Offences & 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 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

This may be sale or supply to persons unauthorised by the licence or sale outside the licensed hours

Licensee or Manager 7 days loss of licence & PENALTY $20,000
Allowing people other than staff onto premises outside the licensed hours PENALTY $10,000

Sale of liquor to minors (under 18 years)

Minors may not be legally allowed on the premise depending on the designation on the licence.

Licensee or Manager 7 days loss of licence & PENALTY $10,000
Any other server PENALTY $2,000
Permitting minors to be in a restricted area (unless they are staff employed other than for the sale and supply of liquor) Licensee or Manager PENALTY        $2,000
Permitting minors to be in a supervised area unaccompanied by a parent or legal guardian. (unless they are staff) Licensee or Manager PENALTY $2,000
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 (or to provide required documents) PENALTY $ 2,000

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

Offences Penalties
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

If written:
PENALTY $2,000
If verbal:
PENALTY $1,000

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.

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