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Offences & PenaltiesThere 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.
