Liquor - Answers
|Existing Licence Holders|
|I run a restaurant/cafe and have a liquor licence allowing me to sell liquor to my dining patrons. Can patrons BYO liquor? |
Yes. There is nothing to stop BYO liquor being brought onto your premises, but it is your decision as the licensee to allow this or not. If you do consent to BYO liquor you must control the service of that liquor so that the responsible service of alcohol principles are adhered to.
|If I appoint someone as an 'interim licensee' can they hand in my licence while I am away?|
No. Even though the interim licensee is deemed to be licensee they are excluded from doing certain things with your licence such as surrendering it.
|I am an owner/licensee of a hotel and am selling my business to Mary Citizen. She wants to continue to sell liquor. What should I do?|
Both you and Mary Citizen will need to complete the application for transfer of a liquor licence and lodge it with the Liquor and Gaming Branch at least 28 days prior to the proposed changeover. If it is determined that Mary Citizen is qualified to be granted a liquor licence then approval will be given for you to transfer your licence to her on the agreed date.
|I am a licensee and have bought new premises. Can I transfer my current liquor licence to that premises? |
No. The licence issued to you authorises you to sell liquor only at the premises specified in the licence. You will need to apply for a new licence to sell liquor at the new premises.
|I am a licensee and am closing the hotel this weekend for family reasons. Can I do that? Do I need to get approval?|
You may close the hotel without approval. Your licence enables you to sell liquor but it does not require you to be open for any minimum hours. Parts of a premises may remain open, eg bottleshop only.
|I am the owner of premises that operates as a hotel. Can the licence be transferred to me so that I can have the licence and sell liquor on the premises? |
The liquor licence allows an individual to sell liquor on that premises, it doesn't licence the premises itself. The only way a licence can be transferred to you is if the current licensee instigates a transfer of licence by filling in an application form.
|I hold a liquor licence but am closing the business and no longer want/need the licence. What do I need to do? |
If you have the liquor licence, surrender it to the Commissioner for Licensing. If you can't find the licence then you (and only you) can give the Commissioner written advice surrendering the licence.
|I hold a liquor licence. What is the minimum age for my employees to sell/serve liquor?|
Employees selling or serving alcohol must be above the age of 16 (unless an exemption is granted for that employee by the Commissioner) and working under the direct supervision of a person who is at least 18 years old at all times. If an area is designated as a prohibited area under section 84(1) of the Liquor Licensing Act 1990 (such as a gaming lounge), then staff who are selling, serving or supplying liquor must be at least 18 years of age.
|How can I apply to the Commissioner to allow one of my employees under 16 years of age to sell/serve liquor?|
An application may be made to the Commissioner for a person under 16 years to sell or serve liquor as part of their employment on licensed or permit premises. The application must be made by a licensee or permit holder using the Application to employ a person under 16 years to sell or serve liquor form provided on our website. It is then assessed by the Commissioner to determine whether or not that young person may be employed to sell or serve liquor on that premises.
|I am a licensee and I currently have an out-of-hours permit. I wish to trade later on one night than is currently permitted. Can I apply to change my hours?|
You can apply for a new out-of-hours permit if you wish to trade the additional night on a regular basis, or for one additional permit if it is just a one-off occasion.
|I have a hotel that does home delivery of liquor. What are my responsibilities relating to orders being taken over the phone?|
It is your responsibility to ensure that these sales are made and delivered to someone who is at least 18 years old and not intoxicated. If you or your staff are unsure, then do not proceed with the transaction or delivery.
|I am a licensee. I have a band playing this weekend and the guitarist is 16 years old. Can she be on licensed premises?|
If she is employed to provide the entertainment then she is permitted to be on the premises as she is deemed to be working. Even so, you should make sure that she is properly supervised and does not access liquor.
|Can I employ a few of my friends as crowd controllers at my licensed premises?|
In Tasmania any person who is employed as a crowd controller must be licensed under the Security and Investigations Agents Act 2002. The only exception is the licensee of the licensed premises in which a function is being held.
Application forms to become a crowd controller are available from Consumer Affairs and Fair Trading, Department of Justice.
|General Enquiries - Answers|
|I run a restaurant/cafe, do I need a liquor licence to allow people to bring their own liquor onto the premises to have with their meals?|
No. You don't need a liquor licence unless you wish to sell liquor to your customers. It is your decision as the cafe operator if you allow people to BYO their liquor onto your premises. You may need to check with your local council to ensure you are not breaking any by-laws.
|My club is holding a fundraising event and we want to sell liquor. What do I need to do? |
You will need a liquor permit to authorise liquor sales at the event.
|My club is having a bus tour of some wineries. We want to have a drink on the bus between each venue. We are not selling the liquor. Do we need a liquor permit?|
It is an offence to consume liquor in a vehicle under the Road Safety (Alcohol and Drugs) Act 1970 unless a liquor permit has been issued. The Commissioner will consider permits for the sale of liquor for tourist related functions and events.
|I live close to a hotel that has started to have live bands every weekend. The noise is quite loud. What can I do? |
Talk to the licensee, as this is usually the easiest way to resolve a complaint. If this does not work, ring Tasmania Police, as officers may be able to attend the premises to assess and resolve the noise issues. If the noise becomes a regular problem you can make a written complaint to the Liquor and Gaming Branch for investigation. It is wise to record all your actions for future reference.
|We are holding our engagement party in the local community hall. We are providing the liquor for guests at our expense. Do we need a liquor permit?|
No, a permit is not required. You should also check with the local council to make sure that the consumption of liquor in the hall is authorised.
|We are getting married this weekend and are having photos taken in the local park. We want to have a glass of champagne there. Are we breaking any laws by doing this? |
Provided that there is no local council by-law prohibiting the consumption of liquor in that park you will not be breaking any law. If there are minors in your wedding party then it is important that you remember that it is an offence for a person under 18 years old to consume liquor in a public place.
|My family will be dining at a local licensed restaurant. Can my 16 year old daughter have a glass of wine with her meal? |
No, it is unlawful for anyone under 18 years old to consume liquor on licensed premises.
|My 17 year old son wants to compete in an eightball competition which is held at a hotel. Is he permitted to be on the licensed premises?|
It is possible that he can participate, but it is the responsibility of the licensee to make sure that any approvals are obtained from the Liquor and Gaming Branch to allow him onto the premises and into the bar areas that he is not normally permitted to enter. In addition, he must be properly supervised and must not gain access to liquor.
|I have a small collection of wines/spirits/liqueurs that I want to sell on eBay. Can I do it? |
Yes. The Liquor and Gaming Branch can issue a liquor permit that will enable you to sell your private collection on eBay or online, by word-of-mouth or through an advertisement in the newspaper. The permit would normally be issued for a limited period, for example a month.
|Why can't I buy liquor in a supermarket in Tasmania?|
The Liquor Licensing Act 1990 prevents the granting of a liquor licence in connection with the activities of a supermarket.
|Is it OK to give away liquor as part of a business promotion?|
While it is not unlawful to give liquor away, it is strongly recommended that businesses check that the person who collects the liquor is at least 18 years old.
|Who can sell liquor in Tasmania?|
Holders of a liquor licence or permit under the Liquor Licensing Act 1990 are able to sell liquor in Tasmania. You must apply through the Liquor and Gaming Branch to be granted a licence or permit. Click here for application forms.
|Can I consume liquor in a public street?|
No. Under the Police Offences Act 1935 it is an offence to consume liquor in, or have an opened container of liquor in, a public street. The only exceptions are if a liquor permit has been issued for a function in a street, or where liquor is being consumed in an approved area outside licensed premises.
It is also an offence to consume liquor while in a stationary motor vehicle in a public street.
|I am employed as a bar attendant in a licensed premises. Can I require a patron to leave the premises?|
A bar attendant can require someone to leave licensed premises and may escort them from the premises. If the person will not leave, call Tasmania Police for assistance.
|Can a police officer enter a licensed premises or permitted premises at any time?|