The Liquor Licensing Act 1997 (SA) provides for a number of criminal offences relating to the sale, supply and consumption of liquor.
There are additionally a number of summary offences in relation to the possession, transportation and supply of liquor in certain areas within South Australia, under Part 3B of the Summary Offences Act 1953 (SA)- see Liquor Offences under the Summary Offences Act.
The Act also enables the Police, Commissioner of Police, and licensees of licensed premises to issue barring orders to patrons, preventing a person from entering or remaining on licensed premises, see Barring Persons from Licensed Premises or Casino. It is an offence to breach a barring order, punishable by a maximum penalty of a fine of up to $5,000 or expiation fee of $315 [see Liquor Licensing Act 1997 (SA) ss 125(2), 125C].
Specific provisions of the Act apply to the consumption, sale, or provision of alcohol to minors or by minors - see Law Handbook chapter Children and Young People - Alcohol, Tobacco and Other Drugs.
Additional provisions apply to criminal organisations - see Liquor Licensing Act Offences About Criminal Organisations.
Other common offences under the Liquor Licensing Act 1997 (SA) include:
Consumption or provision of liquor on unlicensed premises
It is an offence to consumer liquor on an unlicensed, regulated premises, such as a restaurant, café, shop, amusement parlour, or arcade [Liquor Licensing Act 1997 (SA) s 129(1)].
Maximum penalty: fine of up to $5,000
Expiation fee: $315
It is also an offence for a person to supply liquor on or in the vicinity of an unlicensed, regulated premises for the purpose of consumption on the premises [s 129(2)].
Maximum penalty: fine of up to $5,000.
Consumption of liquor in public places during specified events
The Minister or a Council can prohibit the consumption or possession of liquor in specific public places for a specific period by publishing a notice in the Government Gazette. This could be implemented, for example, during large public events such as Christmas Pageants, New Years Eve celebrations, or during the period the Lobethal Lights are available for public viewing.
It is an offence to consume or possess alcohol in a public place at a specific time if it is contrary to such a notice published in the Government Gazette [see s 131].
Maximum penalty: fine of up to $1,250
Expiation fee: $160.
Failing to leave a licensed premises on request
It is an offence for a person to fail to leave a licensed premises without reasonable excuse, after being requested to do so by an authorised person [see s 131A].
An authorised person can request a person to leave the premises if:
Maximum penalty: a fine of up to $5,000.
Requirement to hold a liquor licence
It is an offence for a person to sell liquor without being licensed under the Act. This includes selling liquor whilst a liquor licence is suspended [s 29(1)].
An occupier or person in charge of premises on which liquor is sold (without a liquor licence) commits an offence is they knowingly permit the sale [ s 29(2)].
It is a further offence if a prescribed person (a licensee, employee or person engaged by a licensee, or agent of licensee) sells liquor to another person, reasonably believing (or they out to have reasonably believed) that the other person intends to sell the liquor (without a license), and the other person then sells the liquor without a license [s 29(3)].
Maximum penalty:
For a first offence: a fine of up to $20,000
For a subsequent offence: a fine of up to $40,000.
Unauthorised sale or supply of liquor
It is an offence for a licensee to sell liquor in circumstances in which the sale of liquor is not authorised by their licence [see s 46].
Maximum penalty:
For a first offence: a fine of up to $20,000
For a subsequent offence: a fine of up to $40,000.
It is also an offence for liquor to be sold or supplied to an intoxicated person on a licensed premises [see s 108(1), see also the defence in s 108(2)].
Maximum penalty:
For a first offence: a fine of up to $20,000
For a subsequent offence: a fine of up to $40,000.
From December 2020, the Summary Offences Act 1953 (SA) and Summary Offences Regulations 2016 (SA) set out a number of new criminal offences relating to the transportation and sale of liquor to dry communities.
The amendments (Part 3B Liquor offences) set out new offences and regulations (Part 2A Liquor offences) to give additional powers to police to try to reduce the unlawful sale and supply of liquor in dry communities. Dry communities are designated areas where the possession and consumption of liquor is generally prohibited.
Section 21OA of the Summary Offences Act 1953 (SA) defines sale as:
A prescribed area includes:
A designated area means an area of land designated by the Minister under section 21OD of the Act. The following areas of land have been declared by the Minister as at 5 November 2020:
The prescribed amounts of liquor under sections 21OB(1)(6) and 21OC(2) of the Act are:
If a person is charged with an offence under Part 3B (Liquor Offences) of the Act, police must prove that the substance being supplied, sold or transported was liquor.
The question of whether a substance is liquor can be proven by:
Unless other evidence is provided to show that the substance is not liquor, the above evidence will be considered sufficient to prove that the substance was liquor.
Possession, transportation of liquor for sale
It is an offence for a person to:
(a) have possession of liquor for the purpose of sale; or
(b) transport liquor for the purpose of sale; or
(c) transport liquor, for the purpose of sale, to a place other than a place at or on which liquor may lawfully be sold.
[see s 21OB(1)]
It is also an offence for a person to possess or transport liquor for the purpose of sale in contravention of section 21OB(1) on behalf of another person [s 21OB(2)].
It is not an offence if the possession or transportation of liquor is for the purpose of a lawful sale [s 21OB(5)]. It is presumed (in the absence of proof to the contrary) that the liquor was possessed or transported for the purposes of sale if the amount of liquor exceeds the prescribed amount in the regulations.
If liquor is possessed or transported by a person in contravention of s 21OB(1) of the Act (the first person) it is also an offence for another person to derive a direct or indirect commercial benefit from the unlawful sale of the liquor (if the sale were to occur) and who knew (or ought to have reasonably known) that the first person was in possession of or transporting the liquor for the purpose of sale in contravention of the Act [s21OB(3)].
A defence exists if it can be proven that they believed on reasonable grounds that the liquor was possessed or transported by the first person for the purpose of a lawful sale [s 21OB(5)].
Maximum Penalty:
For a first offence: a fine of up to $20 000
For a subsequent offence: a fine of up to $40 000.
Supply etc of liquor in certain areas
It is an offence for a first person to supply liquor to another person (a third person) if the third person is in a prescribed area [s 21OC(1)(a)].
It is an offence to transport liquor (or possess liquor) with the intention of supplying any of it, or believing that another person intends to supply any of it, to the third person in a prescribed area [s 21OC(1)].
It is presumed (in the absence of proof to the contrary) that the liquor was possessed or transported for the purposes of sale to a third person in a designated area, if the amount of liquor exceeds the prescribed amount in the regulations [s 21OC(2)].
However, a person will not be guilty of an offence under section 21OC(1) if one or more of the following circumstances apply:
[see s 21OC(1a)]
Maximum Penalty:
For a first offence: a fine of up to $20 000
For a subsequent offence: a fine of up to $40 000.
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