Liquor licence exemptions

Sections 12-14 of the Liquor Act 1992 set out liquor licence exemptions for certain activities.

Exempt businesses

The following entities may be exempt from liquor licensing requirements if the sale or supply of liquor is in accordance with specific circumstances:

  • hairdressing salons
  • hospitals
  • limousines
  • nursing homes
  • retirement villages
  • tour operators.

The exemption will apply when supply of liquor is limited to 2 standard drinks per person, per day. However, there are additional circumstances which apply, including those outlined below:

Hairdressing salons

Hairdressing salons are exempt as long as liquor is not sold or consumed on Christmas Day, Good Friday or before 1pm on Anzac Day.

Limousines

Limousines are exempt as long as liquor is not sold or consumed on Christmas Day, Good Friday, before 1pm on Anzac Day, or on any other day between 2am and 10am.

Tour operators

Tour operators are exempt from requiring a liquor licence where:

  • the sale takes place during a tour booked with the operator
  • the quantity of the liquor sold to the client is not more than 2 standard drinks in a day
  • the liquor is not sold or consumed on Christmas Day, Good Friday, before 1pm on Anzac Day, or on any other day between 2am and 10am
  • the liquor is not sold or consumed within a relevant restricted area.

Gift baskets and floral arrangements

Businesses selling limited quantities of liquor as part of a floral arrangement or gift basket are exempt where:

  • the sale is part of a florist's business or the business of a person selling gift baskets
  • the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L
  • the floral arrangement or gift basket must be delivered as a gift to an adult other than the purchaser of the floral arrangement or gift basket
  • the gift is to be delivered to a place other than the business where the sale was made
  • the total value of the liquor and the container in which it is supplied is not more than 75% of the gift's sale price
  • the liquor was purchased on a retail basis.

Bed and breakfast accommodation

Bed and breakfast accommodation businesses are exempt where:

  • accommodation and breakfasts are provided to guests
  • the business is conducted on residential premises by a person who lives there
  • a maximum of 8 guests are accommodated at the same time
  • accommodation is provided for a maximum continuous period of 14 days for each guest.

Host farm accommodation

Host farm accommodation businesses are exempt where:

  • accommodation and meals, or food for guests to prepare meals, is provided
  • the business is conducted on a farm involved in primary production by a person who manages, and lives on, the farm
  • a maximum of 6 guests are accommodated at the same time
  • accommodation for guests is provided for a maximum continuous period of 30 days for each guest.

Exemption for existing liquor licensees

If you already have a liquor licence and your business is eligible for an exemption, you must write to the Office of Liquor and Gaming Regulation (OLGR) advising of your intention to surrender the licence based on the exemption.

Surrendered licences cannot be reinstated. If you surrender your licence and then wish to sell more liquor in a manner that requires a licence, you will need to make a new application including payment of the associated application fee.

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