Alcohol laws of Australia

Alcohol laws of Australia regulate the sale and consumption of alcoholic beverages (in Australia also referred to as liquor). The laws vary between the states and territories of Australia.

General

The retail sale of alcohol in Australia requires that a license be obtained from the liquor licensing authority of the State or Territory in which the sale takes place. It also regulates the location of outlets through planning laws, and other restrictions. Local government may have an input into these outcomes.

The Federal government controls the importation of alcohol beverages into Australia, and has a strong impact on the market for liquor through the imposition of excise taxes on the manufacture of liquor within Australia and importation into Australia. It also controls advertising of alcoholic beverages on television.

It is illegal for a person under 18 years to buy, drink or possess alcohol on licensed premises, but some states allow drinking or possessing alcohol on private premises for people under 18 years (under the supervision of at least one adult and the permission of legal guardian or parent). In 1974 the legal age to consume and purchase alcohol was dropped from 21 to 18 in Australia.

Some states, such as Victoria, permit drinking in vehicles once a full license is obtained. Drivers cannot drive a motor vehicle when they have a blood-alcohol concentration (BAC) level higher than 0.05 when they hold a full driver license. Provisional and learner drivers must not drive with any detectable blood-alcohol present. (see Driver's license in Australia) Commercial drivers have a limit of 0.02 whilst working.

In May 2008, three submissions to the Senate Community Affairs Committee Inquiry into Ready-to-drink alcohol beverages recommended that the drinking age be raised to 21, with Drug Awareness suggesting that after 21 "the brain is better protected from this toxin".

Dry zones

Many towns and communities ban outdoor consumption of alcohol. Dry zones are often established by local councils after certain areas, such as local city parks, become favorite locations for problem drinking, violence, and anti-social behavior.

• Dry zones in South Australia are found at Glenelg, Adelaide city center, and Port Augusta.

Alcohol laws by state

New South Wales

The consumption of alcohol in New South Wales is regulated by the Liquor Act 2007.

Offences under the act include : Serving alcohol to an intoxicated person , failing to leave licensed premises when asked to do so or attempting to re-enter licensed premises after being ejected.

In New South Wales there is no law against minors possessing or drinking alcohol on private premises, but there are laws against supplying or selling alcohol to a minor, as well as against minors "carrying away" alcohol from a licensed club.

Minors may be on licensed premises accompanied by a parent or guardian (but not purchase alcohol) and parents can not provide alcohol with a meal on licensed premises.

It is also illegal to provide minors with alcohol, and one can be fined by it if caught in the act. It is illegal to buy alcohol if already drunk and to supply alcohol to such a person.

South Australia

Between 1836 and 1839, liquor licences were granted by the Governor.

On 21 February 1839, Act No. 1 of 1839 became the first liquor licensing legislation in the Province, including three licenses:

• General Publican's Licence
• Wine, Ale, Beer and other Malt Liquors Licence
• Storekeeper's Licence

In 1869, a Storekeeper's Colonial Wine Licence was introduced.

Victoria

Alcohol may not be sold or consumed in Victoria without a licence or permit being obtained from the State government. Licences and permits are issued by Consumer Affairs Victoria[1], under the Liquor Control Reform Act 1998. See also Liquor Laws of Victoria.

In Victoria, alcohol may not be sold to a person who is under 18 years of age, and minors must not be on licensed premises (ie. premises on which alcohol may be sold or consumed) unless accompanied by an adult or other limited circumstances.

There are several categories of licences available.[2] The most common are:

• on-premises licence, which permit the sale of liquor to customers for drinking on the premises, such as restaurants, bars and cafes.

• packaged liquor licence, which permit the sale of liquor to customers to take away from retail liquor stores and supermarkets.

• general licence, which permit the sale of liquor to customers for drinking on the premises, and to take away. These are used by pubs, hotels and taverns.

• BYO permit, which allow customers to bring their own liquor and drink it on the premises. These are obtained by restaurants and clubs that do not intend to hold a liquor licence.

Other specialised licences are: full club licence, renewable limited club licence, temporary limited licence, renewable limited licence, restricted club licence, pre-retail licence (for wholesalers, producers, brewers and liquor importers), and vigneron’s licence.

There are several areas in Melbourne which retain the status of "dry-areas", where a vote is required before a liquor licence is granted within the area.

Some local government councils have passed by-laws prohibiting the consumption of alcohol on streets within their areas.

In Victoria, if a minor is caught with alcohol it will be confiscated and guardians notified of the offense, and a fine may occur. Minors are allowed to drink alcohol if it is given to them by their parents or guardians, in their home.

In Victoria, drivers of motor cars must have a Blood alcohol content (BAC) below 0.05%; and learner and probationary drivers must not consume any alcohol before driving (ie. the BAC must be zero).

Western Australia

In Western Australia, the sale and consumption of alcohol is regulated by the Liquor Control Act 1988.

Australian Capital Territory

Alcohol was originally banned in Canberra; see King O'Malley.

See also

• Alcohol in Australia
• Driver's licence in Australia