Legislation - Liquor
Changes to the Liquor Licensing Act 1990 and regulations commenced on 1 September 2016. An overview is available here.
Liquor Licensing Act 1990
The Liquor Licensing Act 1990
regulates the sale, supply, promotion and consumption of liquor in Tasmania. It has a strong harm minimisation focus, its object being to regulate these activities so as to:
- minimise harm arising from the misuse of liquor; and
- facilitate the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community.
The Commissioner for Licensing and the Tasmanian Liquor and Gaming Commission are established as the key decision making bodies.
The Act prohibits:
- the sale of liquor except as authorised by a licence, permit or general liquor exemption and prescribes certain qualifications and best interests of the community considerations before an authority to sell liquor may be granted;
- the sale of liquor to young people and to intoxicated people; and
- granting a licence in connection with the activities of a supermarket.
Other key provisions include:
- the Commissioner has the ability to prohibit or restrict the advertising or promotion of liquor;
- the Minister has the ability to prohibit the sale of undesirable liquor products;
- Tasmania Police, licensees and permit holders are able to issue barring orders to patrons if their behaviour warrants;
- minimum age requirements to sell or serve liquor;
- requirements for the sale of liquor through the Internet or by other communication media; and
- requirements for certain licensees to provide wholesale liquor supply information if requested by the Minister.
The Liquor Licensing (Fees) Regulations 2015
prescribe the costs for liquor licences and permits.
The Liquor Licensing (Infringement Notices) Regulations 2008
specify the prescribed offences for which a police officer may issue and serve an adult with an infringement notice and associated penalties.
The Liquor Licensing Regulations 2016
prescribe details on matters to support the Liquor Licensing Act 1990
- interests for the purposes of the definition of "best interests of the community";
- specifying certain substances as liquor;
- identifying small producers for the purposes of the small producer's permit;
- a minimum age of 16 years to sell or serve liquor (or other age below that age as determined by the Commissioner in relation to a person);
- certain matters relating to barring orders; and
- certain matters relating to the collection of wholesale liquor supply information.
General Liquor Exemptions
General liquor exemptions, as approved by the Commissioner for Licensing, authorizes the sale of liquor under certain conditions without the need for a licence or permit.
The sale of liquor is not authorised unless the conditions are met.