TAS Governing Body

In Tasmania, the state government office responsible for developing and maintaining legislation and policy relating to liquor is the Department of Treasury and Finance.

The Legislation

In Tasmania, the sale of liquor is regulated under the Liquor Licensing Act 1990. The Act has a strong harm minimisation focus, prohibiting the sale of liquor except as authorised by a licence, permit or general liquor exemption. In particular, it also includes provisions that prohibit the sale of liquor to young people and to intoxicated persons, and the sale of undesirable products.

The object of the Act is to regulate the sale, supply, promotion and consumption of liquor so as to-

• Minimise harm arising from the misuse of liquor by:
  • Ensuring that the supply of liquor is carried out in a way that is in the best interests of the community and does not, as far as practicable, detract from public amenity; and
  • Restricting undesirable liquor promotion and advertising and the supply of certain liquor products; and
  • Encouraging a culture of responsible consumption 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.

In addition, the Act is supported by the:

• Liquor Licensing Regulations 2016, which prescribe various matters for the purposes of the Act including minimum age requirements for the sale and service of liquor on licensed and permit premises, certain matters relating to barring orders and evidence of age documents;
• Liquor Licensing (Fees) Regulations 2015, which prescribe fees for liquor licences and permits; and
• Liquor Licensing (Infringement Notices) Regulations 2008, which provide the ability to issue infringement notices and specify the prescribed offences and penalties for breaches of the Act.

Intoxication Definition

The Liquor Licensing Act 1990 defines a person is intoxicated if:

1. The person’s speech, balance, coordination or behaviour is noticeably affected; and
2. It is reasonable in the circumstances to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor or other substances.

The Role of Tasmania Police

Tasmania Police have been given the power to issue infringement notices for the majority of breaches of the Liquor Act. These arrangements assist policing by streamlining the disciplinary process and removing the need for offenders to appear in court. They can issue notices from 1 penalty unit ($159) to a maximum of 15 penalty units ($2,385). In addition to issuing infringement notices, Tasmania Police have other powers under the Liquor Act such as:

• Removing a person from a licensed premises, when that person has been required to leave by the licensee
• Issuing barring orders;
• Lawfully requiring a person to provide their name, address and date of birth
• Entering licensed premises (at any time) for the purpose of ensuring sale of liquor is compliant or if reasonably suspects it is not.

The Responsibilities and Penalties

There are a range of individuals that have responsibilities under the legislation and can face fines if they do not comply with the requirements, including the licensee, manager, bar staff, security and crowd-controllers, host or hostesses, glass collectors, any other staff in involved in the sale of supply of alcohol, customers and young persons (those under 18 years of age).

Note: The current value of each penalty unit is $159.00 (current from 01 July 2017).

Smoke Free Premises

All areas inside licensed premises are smoke free. Tobacco laws under the Public Health Act 1997 provide that smoking is banned in:

• Outdoor dining areas in which solid food is consumed;
• Within three metres of an outdoor dining area unless surrounded by a screen or other barrier at least 2.1 metres high and is impervious to smoke;
• Within three metres of an entry or exit to a public building;
• Within 10 metres of air intakes for ventilation equipment for public buildings;
• Some public events may be designated as smoke-free by the director of public health; and
• Competition and seating areas at sporting events (and within 20 metres) are smoke-free.

Designated outdoor smoking areas must

• Not be serviced (including delivery of beverages and food to customers in that area); and
• Either not have a roof or if roofed must have a perimeter consisting of more than 50 per cent walls or windows (further clarification is provided in the Act):

If patrons smoke in any indoor area penalties apply for both the smoker and the operator. Licensees and staff have a responsibility to maintain the comfort of all patrons by making sure that patrons do not smoke inside the premises.

Signage must be displayed in outdoor dining and outdoor smoking areas to ensure patrons are aware that an area is smoke free.

Barring Orders

The completed Barring Order must be given to the person by handing it to them; sending it by post to their last known place of residence or leaving it at their last known place of residence. Information about a person must not be shared with staff at other premises and copies of Barring Orders should be kept on the premises for 180 days after expiry. A police officer (acting with the authority of a senior police officer) may also bar a person if they:

• Put their welfare seriously at risk because of their consumption of alcohol;
• Commit an offence;
• Are offensive or disorderly on the premises, or in and around it; or
• Any other reasonable ground.

Additionally, police officers have the options of barring a person from premises of a specified class within a specified area e.g. all nightclubs in a particular area or all premises within a specified area.

If a person is served with a Barring Order while on the premises, they must immediately leave the premises and vicinity for six hours or until the premises is closed for the day, whichever is longer (they may re‑enter the vicinity after this time). The vicinity is the radius of 50 metres from any entry or exit point to the licensed premises or the distance from the premises or area around it that is specified by a Police Officer giving a Barring Order. Once a person is served with a Barring Order, they cannot return to the premises until the barring order expires. Barring Orders may be varied or revoked by the issuer of their own choosing or if agreed upon at the barred person’s request. Barring Orders can also be appealed to the Commissioner of Police for review.

Required Signage

Licensed premises in Tasmania must have the must have the liquor licence and any permits on display in a conspicuous position so that customers can see it, they must also display signage to state whether an area is restricted or prohibited. Other signs are not mandatory but can be very helpful for staff and send a clear message to patrons that they will be asked for identification. Examples of optional signage include:

Acceptable Proof Of Age Identification

There are five forms of identification that are acceptable in Tasmania licensed venues:

• driver licence issued in Australia
• firearms licence
• passport
• Keypass identity card (issued by Australia Post)
• a document issued by a Commonwealth, state or territory government department that shows the holder’s name, photograph and age

The ID document must be current and include a photo of the person and their date of birth.

Process if shown a fake ID

In Tasmania, if you suspect you have been shown a fake, defaced or false ID, you will need to:

• Seize the suspected fake, defaced or falsely presented ID.
• Hand the suspected fake ID into a police station together with written notice within 72 hours after the time it was seized. The written notice must include:
  • the time and date of seizure;
  • the place of seizure;
  • the nature of the reasonable suspicion that prompted the seizure; and
  • the responsible entity’s name and address
• Give any police officer such information concerning the seizure of the document as the police officer may require. 

Liquor Forums and Accords

A liquor accord is a voluntary collaboration between licensees and community representatives who work together to develop local initiatives to support safe and responsible sale, supply and consumption of liquor. There are currently six liquor accords in Tasmania:

• Burnie Wynyard Accord
• Launceston Accord
• Circular Head Accord
• Mersey/Leven Accord
• Glenorchy/Brighton Accord
• Hobart Accord

Liquor Campaigns

Promoting and enhancing community safety and responsible alcohol use is an important consideration for liquor licensees. An example of a campaign would be ‘Liquor in public streets’ that reminds customers that it’s an offence to take an open container of liquor into a public street.

Industry Associations

Business and industry associations are usually not-for-profit organisations that support businesses in a specific industry. They may give you information about your industry, such as how changes to legislation will affect your business and provide you with useful resources including information and programs to help you meet industry standards. Examples of industry associations in Tasmania include:

• Tasmanian Hospitality Association, and
• Wine Tasmania

More Information

To get more information on the legislation in Tasmania, up to date fines and penalties, community awareness campaigns and any other information, visit the The Department of Treasury and Finance website:
http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/v-liq-and-gaming/A5E38CA3CE6B1DB8CA257DE0007E8405