Penalties for irresponsible service of alcohol

As a liquor licensee, you, your staff and your patrons can be penalised under the Liquor Act 1992 for breaches of responsible service of alcohol.

Legislation requires that penalties are calculated by the amount of penalty units relating to each particular offence. The value of each penalty unit is $126.15 (current from 1 July 2017).

In addition to monetary penalties, recurrent breaches can also result in:

  • mandatory suspension of licence - if a licensee is convicted of 2 offences in relation to minors or intoxicated persons within a 2 year period the licence will be automatically suspended
  • impact on annual fees - a licensee's compliance history, including some infringement notices and some prosecutions will be considered in risk assessments for annual fees.

Condition of licence

Infringement

Penalties

  • Failure to comply with any condition on the licence
  • Maximum penalty of $5,046 for individuals (if the premises is not in a restricted area)

Disorderly patrons

Infringement

Penalties

  • Sell liquor to a disorderly patron
  • Give liquor to a disorderly patron
  • Allow liquor to be given to the patron
  • Allow the patron to consume liquor
  • Maximum penalty for licensee or manager: $63,075
  • Maximum penalty for bar attendant or individual: $10,092

Identification checking

Infringement

Penalties

  • Failure to seize false identity documents
  • Failure to maintain confidentiality while checking identities
  • Maximum penalty: $3,153
  • Maximum penalty: $4,415

Irresponsible service of alcohol

Infringement

Penalties

  • Licensee engages in practices or promotions that encourage rapid or excessive consumption of liquor
  • Licensee sells or supplies rapid intoxication drink during the restricted period
  • Maximum penalty for licensee, approved manager: $12,615

Irresponsible service practices

Infringement

Penalties

  • This is in regard to any irresponsible service of alcohol practices - a licensee and/or approved manager are liable to have disciplinary action made against them for irresponsible service practices as well as failing to comply with the Liquor Act 1992 and Liquor Regulation 2002

Licensees:

  • Cancel the licence
  • Suspend the licence for a period up to a maximum of 12 months
  • Close the premises or part of the premises for a period
  • Varying the licence by conditions or limiting the authority to trade
  • Reduce the trading hours
  • Disqualifying the licensee from holding the licence for a period up to a maximum of 5 years
  • Requiring the licensee to pay the Office of Liquor and Gaming Regulation an amount of money not exceeding $10,000 per ground
  • Requiring the licensee to undertake the licensee's course within a stated period
  • Reprimanding the licensee

Minors

Infringement

Penalties

  • Sell liquor to a minor
  • Give liquor to a minor
  • Allow liquor to be given to a minor
  • Allow a minor to consume liquor
  • Maximum penalty for licensee, permittee or
    approved manager: $31,537
  • Maximum penalty for bar attendant or individual: $10,092

Safe environment

Infringement

Penalties

  • Failure of licensee to provide and maintain a safe environment in and around the premises
  • Maximum penalty $12,615

Security

Infringement

Penalties

  • Failure to comply with closed circuit television conditions
  • Licensee employs unlicensed crowd controllers.
  • Maximum penalty $12,615
  • Maximum penalty $12,615

Signage

Infringement

Penalties

  • Failure to display appropriate signage
  • Maximum penalty $3,153

Trading hours

Infringement

Penalties

  • Supply of liquor at a time which is outside trading hours of the licence
  • Allowing consumption of liquor on licensed premises at any time which is outside trading hours of the licence
  • Breach of lockout conditions
  • Maximum penalty $12,615
  • Maximum penalty $12,615
  • Maximum penalty $12,615

Unduly intoxicated patrons

Infringement

Penalties

  • Sell liquor to an intoxicated patron
  • Give liquor to an intoxicated patron
  • Allow liquor to be given to the patron
  • Allow the patron to consume liquor
  • Maximum penalty for licensee or manager: $63,075
  • Maximum penalty for bar attendant or individual: $10,092

Water

Infringement

Penalties

  • Failure to provide water free or at a reasonable cost
  • Maximum penalty of $5,046

Selling alcohol in Queensland without a licence

In Queensland, you can only sell alcohol with the authority of a licence or permit issued under the Liquor Act 1992. This includes selling alcohol over the internet, for example on eBay or Facebook.

You can be fined a maximum of $63,075 for a first offence, with increased fines of up to $126,150 or 18 months imprisonment for subsequent offences.

The Liquor Act 1992 defines 'sell' as including:

  • barter or exchange
  • offer, agree or attempt to sell
  • expose, send, forward or deliver for sale
  • cause or permit to be sold or offered for sale
  • supply or offer, agree or attempt to supply
    • in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit
    • or

    • gratuitously, but to gain or keep custom or other commercial advantage.

Find out how to apply for liquor or wine licences and permits.