Legislation

South Australia

SA Governing Body

In South Australia, the state government office responsible for developing and maintaining legislation and policy relating to liquor is The department of the Attorney General’s Consumer and Business Services (CBS).

The Legislation

The key legislation in the South Australia that covers the sale and supply of alcohol includes the:

  • Liquor Licensing Act 1997: The Liquor Licensing Act of  1997 outlines how decisions made under the Act must take into consideration the principles of harm minimisation and community safety, along with examples of how these principles were to be examined in different situations.

The legislation identifies:

  • Who alcohol may not be served to e.g. minors or unduly intoxicated persons
  • When alcohol may be consumed e.g. trading hours on licences
  • How alcohol may be sold e.g. authorities related to different licence types

The legislation sets out a range of requirements such as:

  • The need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour),
  • The need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor,
  • The need to ensure that the sale, supply and consumption of liquor contributes to, and does not detract from, the amenity of community life.

Intoxication Definition

The person’s speech, balance, co-ordination or behaviour is noticeably affected; and it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor or some other substance.

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 minors.

Note: Legislation requires that penalties are calculated by the amount of penalty units relating to each particular offence. The value of each penalty unit is $121.90 (current from 1 July 2016).


Breaches And Penalties: Licensee Or Permit Holder (Corporation)

Responsibility:
Ensure liquor is not sold or supplied to:

•       Minors (under 18 years of age)

•       Person in a drunk state

Breach & Penalty:
Supplying liquor to a minor: $20,000.

Supplying liquor to a person who is intoxicated or disorderly state: $20,000.

Responsibility:
Must protect the safety, health and welfare of minors on licensed premises; and ensure public order and safety on licensed premises.

Breach & Penalty:
Fails to protect the safety, health and welfare of minors on licensed premises $20,000.

Responsibility:
Must remove minors who are at risk from the premises.

Breach & Penalty:
Fails remove minors who are at risk from the premise: $20,000.

Responsibility:
Must provide a safe venue that minimises harm for all patrons and staff.

Breach & Penalty:
Fails to provide a safe venue that minimises harm for all patrons and staff: $20,000.

Breaches And Penalties: Employees

Responsibility:
Ensure liquor is not sold or supplied to:

•       Minors (under 18 years of age)

•       Person in a drunk state

Breach & Penalty:
Supplying liquor to a minor: $20,000.

Supplying liquor to a person who is in a Drunk state: $20,000.

Responsibility:
Must not make a false statement to investigators.

Breach & Penalty:
Providing a false or misleading statement to an authorised investigator: $1,250.

Responsibility:
Must remove minors who are at risk from the premises.

Breach & Penalty:
Fails remove minors who are at risk from the premises: $5,000.

*employees can include but are not limited to bar staff, security staff and crowd-controllers, host/hostess, wait staff, glass collectors.

Breaches And Penalties: Minors

Responsibility:
A minor must not obtain or consume liquor in regulated premises.

Breach & Penalty:
Minor obtaining alcohol on a licensed premise: $5,000.

Responsibility:
Must not supply or be in possession of a fake ID.

Breach & Penalty:
Using fake Identification: $5,000.

Responsibility:
Must not pursued a person to obtain alcohol for them.

Breach & Penalty:
Persuading a person to obtain liquor for them: $5,000.

Breaches And Penalties: Adults Customers

Responsibility:
Not sell or supply alcohol to any another patron who is a minor.

Breach & Penalty:
Supplying liquor to a young person: $5,000.

Sells or gives liquor to a minor or allows liquor to be consumed by a minor: $10,092.

Responsibility:
Must leave the premise/special permit when asked to.

Breach & Penalty:
Failure to leave the premise/special permit when asked to: $1,250.

Responsibility:
Must cooperate with direction of the licensee.

Breach & Penalty:
Failing to provide name, DOB and address to a Police officer  or investigator if asked: $1,250.

Hours of Operation - SA

The opening hours for SA are outlined in the table below for you to review.

Liquor Stores / Off premise Bottle shops.

Monday - Saturday:
8:00am – 9:00pm.

Sunday:
8:00am – 9:00pm.

Easter Friday:
No Trading.

Christmas Day:
No Trading.

Hotels / Taverns/ Small bars.

Monday - Saturday:
5:00am –Midnight.

Sunday:
11:00am-  8:00pm.

Easter Friday:
12 noon- 11:00pm.

Christmas Day:
9:00am & 11:00am.

Nightclubs.

Monday - Saturday:
Anytime (in accordance with the licence).

Sunday:
10am – 11pm.

Easter Friday:
12 noon- 11:00pm.

Christmas Day:
No trading.

Sporting & Services clubs.

Monday - Saturday:
5:00am – Midnight.

Sunday:
11:00am-8:00pm.

Easter Friday:
Anytime as long as it is served with a meal.

Christmas Day:
9:00am & 11:00am.

Restaurants.

A restaurant licence allows the licensee to trade at any time, provided the sale and consumption of liquor occurs with or ancillary to a meal. However, in some cases trading hours may be restricted by a condition on the licence. Trading hours are usually subject to local council consents so it is advisable to check with your local council.

Required Signage

In South Australia, the exterior signage must include the business name, trading name, Licensee, Nominee, licence number, and the trading hours. The sign must be displayed so it can be read by a person from outside of the front of the premises.

The interior signage must be prominently displayed.

Required Signage Example:

RSA Course Online Required Signage SA

Acceptable Proof Of Age Identification

In South Australia, the acceptable forms of proof of age identification include a current:

  • Australian Learners, Provisional or Open Driver’s Licence
  • Australian or foreign passport, or
  • Proof of Age Card (such as an 18+ card from any Australian State or Territory)

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 South Australia, if you are shown a fake ID, you will need to:

  • Refuse admission to the person
  • Record the details in the Incident Register

You are not able to confiscate the ID. This would be a matter for the police if they attended the incident.

Liquor Forums and Accords

Liquor accords are voluntary agreements between members of a local area who cooperate to develop safe and well-managed environments in and around licensed premises. The purpose of an accord is to collectively address issues facing the industry and the community.

In South Australia, you can refer to ‘The department of the Attorney General’s Consumer and Business Services’ website for more information: www.cbs.sa.gov.au

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 “Drink too much, you’re asking for trouble”. It aims to make people sit up and take notice of the negative impacts of drinking too much.

RSA Course Online Liquor Campaigns SA

Industry Associations

Examples of industry associations in South Australia include:

  • Restaurant & Catering Association of South Australia
  • Restaurant & Catering – South Australia, and
  • South Australian Wine Industry Association

More Information

To get more information on the legislation in South Australia, up to date fines and penalties, community awareness campaigns and any other information, go to the Consumer and Business Services website: http://www.cbs.sa.gov.au.