Ban on selling or supplying rapid intoxication drinks
From 1 July 2016, selling or supplying rapid intoxication drinks that pose a high risk of alcohol-related harm is banned in licensed premises between 12 midnight and 5am.
Rapid intoxication drinks
A rapid intoxication drink is one that is designed to be consumed rapidly or contains a high percentage of alcohol and is:
- served in a small glass or container (such as shooters, shots, bombs, test tubes, jelly shots and other similar drinks)
- prepared on the premises and contains more than 45mL of spirits or liqueur
- a pre-mixed alcoholic drink containing more than 5% of ethyl alcohol (ethanol) or containing more ethanol than 2 standard drinks (a pre-mixed drink must fall within both the 5% alcohol by volume threshold and the 2 standard drinks threshold to be served after 12 midnight)
- any type of drink prescribed by a Regulation.
If venues sell or supply rapid intoxication drinks during the restricted period they can be fined up to $12,190.
Exemptions to the ban on rapid intoxication drinks
Cocktails are exempt from the ban on rapid intoxication drinks from 12 midnight to 5am, provided the:
- drink is listed on a cocktail menu prepared by the licensee and is displayed on the premises
- price of the cocktail is listed on the cocktail menu
- drink is not sold for less than the price listed on the cocktail menu
- drink is not designed to be consumed rapidly (for example, cocktail shooters are banned).
Commercial special facility licences relating to airports and casinos, and industrial canteen licences are exempt from the statutory ban.
Applying for an exemption to sell or supply rapid intoxication drinks
A licensee may apply for an exemption from the ban on rapid intoxication drinks for all or part of the licensed premises for any period between 12am and 5am. An exemption can only be granted for an area of the licensed premises that is:
- primarily used for the sale or supply of premium spirits
- has the capacity to seat no more than 60 patrons at any one time
- is able to be adequately defined on a permanent or semi-permanent basis.
As part of the application, licensees will need to demonstrate how the sale and supply of specific drinks (that fall under the classification of ‘rapid intoxication drinks’) will not be consumed in any way that is likely to have an adverse impact on the health and safety of members of the public or the community. You must also explain how the sale and supply of the requested drinks will be done differently to other types of liquor served on the premises.