What we do

Home > What we do > Legal information & education > New law > Serving alcohol responsibly – new law

Serving alcohol responsibly – new law

Date created: 28 May 2008

Applies from 22 May 2008

Serving alcohol without a licence

The offence of serving alcohol (liquor) without a liquor licence has been broadened to include offering liquor as well as serving it. The penalty for this has doubled to 240 penalty units (pu) or 6 months jail. (See ‘Penalty & fee units’, link below, for the current amount of a penalty unit.)

Serving alcohol to someone who is drunk

The penalties have also been increased for licensees who supply alcohol to someone who is drunk or who is behaving in a disorderly manner. The licensee must make sure that people who are drunk or misbehaving in this way leave the licensed premises or other authorised premises (areas mentioned in their licence). Penalties for this are now 120 pu.

Defences

It is a defence to prosecution if the licensee can prove that they did not know or if they took reasonable steps to make sure that the intoxicated person was not on the premises.

Advertising ban

The changes give the liquor licensing director the power to ban any licence holder’s advertising or promotion that they think will encourage irresponsible drinking, or if the ads are not in the public interest.

Penalty for ignoring such a ban is 120 pu.