An individual may sell alcohol on websites such as eBay but only with a liquor license. Without one, it is breaking the law. You must hold a valid liquor license in every Australian state if you intend to sell alcohol through a home delivery service through mail order or online. This license does not allow the consumption of alcohol on the licensed premises. Read on to find out more about selling alcohol online.
What is a licensee permitted to sell?
A licensee of a packaged liquor licence will be permitted by law to sell:
- Liquor by retail in sealed packaging on a licensed premises for consumption away from the premises;
- Liquor wholesale to persons authorised to sell liquor; or
- Supply liquor to the employees of the licensee; and
- Supply liquor on the licensed premises during certain trading hours, otherwise than in sealed packaging containers to customers only to taste.
What businesses cannot hold a liquor license?
Businesses that cannot hold a packaged liquor licensed include:
- Service stations;
- General stores; and
- Takeaway shops.
These business cannot start selling alcohol online.
Can you sell alcohol using measurement?
If you sell stout, ale, beer, gin, rum, vodka, brandy, and whisky you must sell at the price determined by the volume. The National Trade Measurement Regulations 2009 regulate the selling of alcohol using measurement. If you are short-measuring customers you may receive a fine of up to $222,000 per offence.
What are the packaging requirements to sell liquor?
A business must also meet packaging requirements. They can only sell liquor in a sealed container for those people to consume elsewhere, unless it is for the purpose of taste testing, or for the employees. These industry standards are provided for under the Department of Industry, Science, Energy and Resources ‘Selling Alcohol’ page.
What do I need to do to hold a license for selling alcohol online in Queensland?
Liquor licenses are regulated under the Liquor Act 1992. Queensland liquor licenses are regulated by the Office of Liquor and Gaming Regulation (OLGR). The type of liquor/wine license that your business requires is dependent on the type of business that you operate; as every liquor license has different requirements, application and annual licenses. In addition, some community-based entities can be exempt from having to abide by these certain requirements.
In Queensland, there is no certain license to sell packaged liquor online to the public. The sale of alcohol, however, is only permitted in certain circumstances under the Liquor Act and Wine Industry Act (LAWI Act).
Specific circumstances under the LAWI Act include:
- Commercial hotel licensees or limited commercial special facility licensees can sell retail packaged liquor off a licensed premises to the general public – including online sales;
- Wine producer licensees and wine merchant licensees are permitted to sell wine to the general public for takeaway liquor off-premises. These sales are allowed to be processed online; and
- Licensees who hold a commercial other artisan producer license may take orders for liquor produced on the licensed premises for consumption off the licensed premises, through the licensee’s website.
What are the laws for selling alcohol online outside Queensland?
Interstate suppliers can legally sell liquor online to Queensland, provided that the distribution of storage and the payment for the liquor sale occurs outside of Queensland. Sellers operating from other jurisdictions should consult with the relevant state regulations.
What are the laws for selling alcohol online in other states?
New South Wales
NSW regulates the selling of alcohol online under the Liquor Act 2007. It is against the law to supply alcohol to a person under the age of 18 years, or to obtain alcohol on their behalf. In New South Wales, if you wish to sell alcohol to the public through a retail outlet such as the internet or home delivery, you must obtain a packaged liquor license. You can apply online here: https://mybusiness.service.nsw.gov.au/liquor-licence-manager/
Victoria
It is an offence in VIC to sell alcohol to a person under the age of 18 years under the Liquor Control Act 1988. The penalty for this exceeds $19,000, and exceeds $800 for a person under the age of 18 to purchase liquor. Obtaining a packaged liquor license in Victoria depends on the hours the business wishes to operate. To apply to sell alcohol online, you may look here: https://www.vcglr.vic.gov.au/liquor/temporary-or-major-event/apply-new-licence/renewable-limited-licence
South Australia
Liquor must not be supplied to persons under 18 under the Liquor Licensing Act 1997. To find a packaged liquor sales license in South Australia visit: https://www.sa.gov.au/topics/business-and-trade/liquor/running-a-licensed-venue/renew-a-licence
Tasmania
It is also an offence for liquor to be delivered to a person under the age of 18 under the Liquor Licensing Act 1990, and the penalty is a fine not exceeding 20 penalty units. A person who purchases alcohol under the age of 18 years will receive a fine not exceeding 10 penalty units. Apply here to obtain a Tasmanian liquor licence: https://www.treasury.tas.gov.au/liquor-and-gaming/liquor/applying-to-sell-liquor
Western Australia
In WA, the sale of liquor may only occur under terms and conditions of a liquor license issued by the Director. The sale must occur on or from the licensed premises and the delivery of alcohol must be from the licensed premises unless the Director otherwise approves. Liquor must also not be sold or delivered to persons under 18 years of age. These rules can be found under the Liquor Control Act 1988. You may prepare for a license application here: https://www.wa.gov.au/government/multi-step-guides/applying-liquor-licence
What is the National Australian authority?
The Australian regulation for the sale of alcohol is the Australian Government Department of Health. For more law and industry codes that apply to the advertising of alcohol, visit Ad Standards and the Alcohol Beverages Advertising Code’s Responsible Alcohol Marketing Code.
Legal advice
If you are enquiring as to whether your business is allowed to start selling alcohol online as a licensee, do not hesitate to contact Legal Kitz for assistance. Our qualified and friendly team offer a FREE 30 minute consultation for your queries and concerns. Book here now.