Promotion of Liquor

Information for licensees about the promotion of liquor.

Selling Liquor on the internet

Liquor retailers can utilise the internet to sell packaged liquor provided:

  • they have a valid liquor licence from any state or territory in Australia to do so;
  • sales and deliveries are not made to a juvenile; and
  • specific information is included on the licensee's internet website (if one exists).

As from August 2007, the requirement for information to be included on a website applies to:

  • Hotel licences;
  • Liquor store licences;
  • Producers licences;
  • Wholesaler's licences; and
  • Special facility licences that authorise the sale and supply of packaged liquor.

The information to be included on a website includes:

  • Licence number;
  • Class of licence;
  • Name of licensee;
  • Address and telephone number for the licensed premises; and
  • The following notice :

Warning

Under the Liquor Control Act 1988, it is an offence:

  • To sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or
  • For a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

Related policy

Sale of Liquor on the Internet policy

Jun 4, 2019, 12:54 PM
Title : Sale of Liquor on the Internet policy
Introduction : Guidance for licensees regarding selling liquor on the internet.
Select a publication type : Policy

Effective date: 7 May 2017

Disclaimer

This policy is designed to provide accurate and authoritative information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 113A of the Liquor Control Act 1988 (‘the Act”) provides that where:

  1. an internet website is maintained by or on behalf of a licensee for the purpose of advertising, promoting or otherwise facilitating the business carried on under the licence; and
  2. the licence is of a prescribed class,

the licensee is to include on the website any information prescribed in respect of a licence of that class.

This information provides guidance as to the legislative requirements relating to website promotions.

Legislative provisions

For the purposes of section 113A of the Act, Regulation 18EA of the Liquor Control Regulations 1989 states that the requirement for information to be included on internet websites applies to the following licence types:

  • a hotel licence; and 
  • a liquor store licence; and 
  • a producer’s licence; and 
  • a wholesaler’s licence; and 
  • a special facility licence that authorises the sale or supply of packaged liquor.

Therefore, as from August 2007, the information to be included on a premises internet website (if one exists) is:

  • the licence number; and 
  • the class of licence; and 
  • the name of the licensee; and
  • the address of and telephone number for the licensed premises; and
  • the following notice:
    • Warning:
      Under the Liquor Control Act 1988, it is an offence:
      • to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or
      • for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

This information must be displayed on the home page or front page of the internet website.

Other legislative obligations

Licensees are reminded that: 

  • the sale of liquor in Western Australia may only occur under the terms and conditions of a liquor licence issued by the Director; 
  • the sale of liquor must occur on or from the licensed premises and the delivery of liquor must also be from the licensed premises, unless the Director otherwise approves; and 
  • liquor must not be sold or delivered to persons under 18 years of age.

Non-compliance

If a licensee fails to comply with the requirements of the Act in relation to section 113A, the licensing authority may decide to:

  1. issue an infringement under section 167 to the licensee;
  2. require the licensee to show cause why more restrictive conditions should not be imposed on the licence; or
  3. lodge a section 95 complaint for disciplinary action against the licensee. Under section 96 of the Act, if such a complaint was upheld by the Liquor Commission, a range of disciplinary action could be imposed including: a reprimand and a fine of up to a maximum of $30 000. However, the penalty sought could also include the suspension of the licence for a specified period of time or the cancellation of the licence.
Tags :
  • internet
Categories :
  • Liquor
Related local governments

Liquor promotions policy

To further support the harm-minimisation objectives of the Liquor Control Act 1988, the Director or Liquor Licensing has developed an industry guideline for the responsible promotion of liquor for consumption on premises.

This guideline is designed to provide the industry with a framework of practices which are considered acceptable and reasonable, and discourage those that are not in the public interest.

Gimmick promotions of cheap or discounted liquor that are likely to encourage the irresponsible consumption of alcohol are not acceptable as is any activity that creates an incentive for patrons to consume liquor more rapidly or in greater amounts than they otherwise would.

Related policy

Sale of Liquor on the Internet policy

Jun 4, 2019, 12:54 PM
Title : Sale of Liquor on the Internet policy
Introduction : Guidance for licensees regarding selling liquor on the internet.
Select a publication type : Policy

Effective date: 7 May 2017

Disclaimer

This policy is designed to provide accurate and authoritative information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 113A of the Liquor Control Act 1988 (‘the Act”) provides that where:

  1. an internet website is maintained by or on behalf of a licensee for the purpose of advertising, promoting or otherwise facilitating the business carried on under the licence; and
  2. the licence is of a prescribed class,

the licensee is to include on the website any information prescribed in respect of a licence of that class.

This information provides guidance as to the legislative requirements relating to website promotions.

Legislative provisions

For the purposes of section 113A of the Act, Regulation 18EA of the Liquor Control Regulations 1989 states that the requirement for information to be included on internet websites applies to the following licence types:

  • a hotel licence; and 
  • a liquor store licence; and 
  • a producer’s licence; and 
  • a wholesaler’s licence; and 
  • a special facility licence that authorises the sale or supply of packaged liquor.

Therefore, as from August 2007, the information to be included on a premises internet website (if one exists) is:

  • the licence number; and 
  • the class of licence; and 
  • the name of the licensee; and
  • the address of and telephone number for the licensed premises; and
  • the following notice:
    • Warning:
      Under the Liquor Control Act 1988, it is an offence:
      • to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or
      • for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

This information must be displayed on the home page or front page of the internet website.

Other legislative obligations

Licensees are reminded that: 

  • the sale of liquor in Western Australia may only occur under the terms and conditions of a liquor licence issued by the Director; 
  • the sale of liquor must occur on or from the licensed premises and the delivery of liquor must also be from the licensed premises, unless the Director otherwise approves; and 
  • liquor must not be sold or delivered to persons under 18 years of age.

Non-compliance

If a licensee fails to comply with the requirements of the Act in relation to section 113A, the licensing authority may decide to:

  1. issue an infringement under section 167 to the licensee;
  2. require the licensee to show cause why more restrictive conditions should not be imposed on the licence; or
  3. lodge a section 95 complaint for disciplinary action against the licensee. Under section 96 of the Act, if such a complaint was upheld by the Liquor Commission, a range of disciplinary action could be imposed including: a reprimand and a fine of up to a maximum of $30 000. However, the penalty sought could also include the suspension of the licence for a specified period of time or the cancellation of the licence.
Tags :
  • internet
Categories :
  • Liquor
Related local governments

Prohibited products

The Governor of Western Australia, on recommendation of the Minister, may make regulations that ban any alcoholic product if it is considered to be undesirable, or if its availability is not in the best interests of the public.

This may occur with products that appeal to children in the way they are marketed and packaged, or where the product is likely to be confused with soft drink or confectionary.

The types of products that may be considered undesirable include:

 

  • Alcoholic vapour

  • Alcoholic aerosol products

  • Alcoholic iceblocks

  • Alcoholic milk

Tastings

A 'tasting' is a small amount of liquor supplied by a licensee for sampling purposes. It is intended to assist customers choose a product. It is not a standard drink measure.

There are only three licence classifications that require additional authorisation in order to provide tastings to customers. They are:

  1. Liquor store licences
  2. Wholesaler's licences
  3. Producer's licences

Tasting amounts are:

  • Wine 50ml
  • Beer 100ml
  • Spirits 15ml

Liquor Store Licence

A liquor store licensee is allowed to supply a tasting provided:

  • The sample is consumed on the premises;
  • The licensee has the authority of the Director of Liquor Licensing to do so under the conditions of their licence;
  • The sample is free; and
  • The product served is from the liquor store licensee's stock.

A liquor store licensee cannot offer customers free samples of liquor directly from a producer's or wholesaler's stock.

The liquor store licensee must supervise and manage the tasting, and supply all samples offered to potential buyers.

A liquor store licensee can utilise the services of a producer or wholesaler when presenting a tasting session to customers, provided the samples come from the liquor store's stock.

A producer or wholesaler will be in breach of the Liquor Control Act if they conduct a tasting with the general public at a liquor store using stock they own.

Wholesaler's Licence

A wholesaler is permitted to provide a tasting provided:

  • The sample is consumed on the licensed premise;
  • The licensee has the authority of the Director of Liquor Licensing to do so under the conditions of their licence; and
  • The sample is free.

A wholesaler can assist in conducting a tasting session at a liquor store provided the liquor store licensee supervises and manages the tasting, and supplies all samples offered to potential buyers.

A wholesaler can conduct a tasting away from their own licensed premises provided:

  • the tasting takes place at another licensed premises; and
  • the tasting is for consumption by the licensee, approved manager or an employee or agent of the other licensed premises.

In this instance, the purpose of the tasting must be for obtaining an order of product.

Producer's Licence

A producer is allowed to supply a tasting provided:

  • the sample is consumed on premise;
  • the licensee has the authority of the Director of Liquor Licensing to do so under the conditions of their licence; and
  • the sample is produced on the approved premises.

Producers are not bound by supplying free samples to customers and can charge for any tasting offered.

Under the terms of a producer's licence, producers are not permitted to provide samples or tastings of their product away from their own premises.

For example, a producer cannot conduct a tasting session at a liquor store with product they own.

A producer can assist in conducting a tasting session at a liquor store provided the liquor store licensee supervises and manages the tasting, and supplies all samples offered to potential buyers.

A producer can conduct a tasting away from their licensed premises provided:

  • the tasting takes place at another licensed premises; and
  • the tasting is for consumption by the licensee, approved manager or an employee or agent of the other licensed premises.

In this instance, the purpose of the tasting must be for obtaining an order of product.

Related policy

Sale of Liquor on the Internet policy

Jun 4, 2019, 12:54 PM
Title : Sale of Liquor on the Internet policy
Introduction : Guidance for licensees regarding selling liquor on the internet.
Select a publication type : Policy

Effective date: 7 May 2017

Disclaimer

This policy is designed to provide accurate and authoritative information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

Section 113A of the Liquor Control Act 1988 (‘the Act”) provides that where:

  1. an internet website is maintained by or on behalf of a licensee for the purpose of advertising, promoting or otherwise facilitating the business carried on under the licence; and
  2. the licence is of a prescribed class,

the licensee is to include on the website any information prescribed in respect of a licence of that class.

This information provides guidance as to the legislative requirements relating to website promotions.

Legislative provisions

For the purposes of section 113A of the Act, Regulation 18EA of the Liquor Control Regulations 1989 states that the requirement for information to be included on internet websites applies to the following licence types:

  • a hotel licence; and 
  • a liquor store licence; and 
  • a producer’s licence; and 
  • a wholesaler’s licence; and 
  • a special facility licence that authorises the sale or supply of packaged liquor.

Therefore, as from August 2007, the information to be included on a premises internet website (if one exists) is:

  • the licence number; and 
  • the class of licence; and 
  • the name of the licensee; and
  • the address of and telephone number for the licensed premises; and
  • the following notice:
    • Warning:
      Under the Liquor Control Act 1988, it is an offence:
      • to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or
      • for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

This information must be displayed on the home page or front page of the internet website.

Other legislative obligations

Licensees are reminded that: 

  • the sale of liquor in Western Australia may only occur under the terms and conditions of a liquor licence issued by the Director; 
  • the sale of liquor must occur on or from the licensed premises and the delivery of liquor must also be from the licensed premises, unless the Director otherwise approves; and 
  • liquor must not be sold or delivered to persons under 18 years of age.

Non-compliance

If a licensee fails to comply with the requirements of the Act in relation to section 113A, the licensing authority may decide to:

  1. issue an infringement under section 167 to the licensee;
  2. require the licensee to show cause why more restrictive conditions should not be imposed on the licence; or
  3. lodge a section 95 complaint for disciplinary action against the licensee. Under section 96 of the Act, if such a complaint was upheld by the Liquor Commission, a range of disciplinary action could be imposed including: a reprimand and a fine of up to a maximum of $30 000. However, the penalty sought could also include the suspension of the licence for a specified period of time or the cancellation of the licence.
Tags :
  • internet
Categories :
  • Liquor
Related local governments
Page reviewed 04 June 2019