The Liquor Control Reform Act 1998 (the Act) imposes obligations on licensees regarding the supply of packaged liquor to a person who makes an off-premises (mail, email, telephone, web/internet or other electronic communication) request.
This page sets out those obligations. The obligations apply to the following licence types that authorise the supply of liquor in response to off-premises requests:
- General Licence and Late Night (General) Licences
- Restaurant and Cafe Licence
- Full Club Licence
- Packaged Liquor and Late Night (Packaged Liquor) Licences
- Producer's Licence
- Remote Seller's Packaged Liquor Licence
- Renewable Limited Licence (if a licence condition expressly authorises supply to a person who makes an off-premises request).
Some licence types have restrictions that may limit how a licensee can supply liquor to someone who makes an off-premises request.
It is a condition of every licence category listed above (except for remote seller's packaged liquor and renewable limited licences) that the licensee notifies Liquor Control Victoria (LCV) before commencing to supply liquor to a person who makes an off-premises request.
If you do not notify LCV before supplying liquor to a person who makes an off-premises request, you may breach your licence.
How to notify LCV of intent to supply liquor to a person who makes an off-premises request
To notify LCV of your intent to supply (or continue to supply) liquor via off-premises requests, you must have a Liquor Portal account and a current email address associated with your current licence.
When you log into your Liquor Portal account:
- Click on the eLicence option on the left side of the screen. That screen should list your liquor licence. If your licence is not listed, click the Add/Associate a Licence button towards the bottom centre of the screen and complete the form to associate your licence.
- Check that the email address for your licence is correct. You can change an email associated with a liquor licence by clicking the Actions button next to the licence details and selecting Update email.
- Next to your licence details is a blue 'Actions' button. Click it and select Notification Obligations.
- On the Notifications Obligations screen, read the information and select the check box to notify Liquor Control Victoria (LCV) of your intent to supply liquor in response to off-premises requests. Restaurant and café liquor licence holders must inform LCV if they intend to supply liquor with takeaway and home-delivered meals. If you hold this type of licence and intend to supply liquor in this way, ensure that you read the information and check the relevant box.
- Click the green Send Notification button at the bottom right of the screen. You will receive an email confirmation that Liquor Control Victoria has received your notification.
You are only required to notify Liquor Control Victoria once before you commence supplying liquor in response to off-premises requests.
Restrictions that apply to specific licence categories
Specific restrictions apply to certain licence categories. These restrictions may impact how a licensee can supply liquor in response to off-premises requests. These restrictions include the following:
- Full Club Licence – Licensees can only supply packaged liquor to a person who makes an off-premises request if the person making the request is a club member.
- Producer's Licence – Licensees can only supply packaged liquor to a person who makes an off-premises request where the liquor is that producer's product.
- Restaurant and Cafe Licence – Licensees can only supply limited quantities of packaged liquor in response to off-premises requests made with a takeaway or delivered meal prepared on their licensed premises and intended for consumption by an adult. The packaged liquor supplied must not be more than:
- 750ml, in the case of wine, or
- six (6) containers of no more than 375ml per container for beer, cider or pre-mixed spirits.
- Renewable Limited Licence – a licensee can only supply liquor to a person who makes an off-premises request where this is allowed as a licence condition.
In all cases, licence conditions take precedence and must be observed. Specific licence conditions may modify the advice provided above.
Other Licence conditions relating to off-premises requests
Under section 18C of the Act, if you are authorised to supply liquor to a person who makes an off-premises request, it is a condition of your licence that you:
- display your liquor licence number prominently on your website or on any other online platform or interface where liquor orders are placed, as well as in any promotional or advertising material
- display any other notice required by Liquor Control Victoria on your website or any other online platform or interface where liquor orders are placed
- provide instructions to the delivery person that delivery of the liquor must occur before 11 pm or before a particular time if this is a specific condition of a liquor licence.
Off-premises supply of liquor not intended as a gift
The first time a customer places an order with you, you must request that the customer confirm they are at least 18 years old. You must also instruct the delivery person that the liquor must only be delivered to the customer placing the order and whose age must be verified by the delivery person via an acceptable form of identification.
For future orders placed by an existing customer, you must:
- get instructions from the customer about where to leave the order if the customer is not present at the time of any subsequent delivery and provide these instructions to the delivery person
- provide instructions to the delivery person that the order must be delivered according to instructions obtained from the customer.
Off-premises supply of liquor intended as a gift
If an off-premises order is a gift for someone other than the person placing the order, you must:
- confirm that the customer placing the order and the recipient of the gift are both at least 18 years old
- obtain the name and address of the recipient of the gift
- provide instructions to the delivery person that the liquor must be delivered to the recipient or a person of or over 18 years of age and present at the address provided. The delivery person must also verify the age of the recipient or the person via an acceptable form of identification.
Penalties
The conditions set out in section 18C of the Act are conditions of your licence applying to the off-premises supply of liquor. Failure to comply with a licence condition is an offence under the Act and carries a maximum penalty of 60 penalty units (more than $10,000).
A breach of a licence condition is also grounds for disciplinary action under section 90 of the Act.
Offences regarding off-premises request liquor orders
It is an offence for a person to knowingly deliver liquor to an intoxicated person or someone with a substantial risk of intoxication. This offence carries a maximum penalty of 120 penalty units (more than $21,000).
Licensees must inform in writing any delivery person that a liquor order for same-day delivery must not be left unattended. Failure by a licensee to provide this written notice is an offence under the Act. This offence carries a maximum penalty of 60 penalty units (more than $10,000).
For more information on these offences, visit Intoxication and same-day deliveries: Requirements for off-premises requests.
Under section 119A of the Act, it is also an offence for a person to knowingly deliver liquor to someone under 18. This offence carries a maximum penalty of 120 penalty units (more than $21,000).
Checklist – supplying liquor to a person who makes an off-premises request
LCV has developed a checklist to help you understand your obligations if you supply liquor for delivery via off-premises requests.
The checklist outlines your obligations and the actions you can take to ensure that you are operating correctly and not breaching the conditions of your licence.
The checklist will help you and your staff learn how to supply liquor ordered via mail, phone, fax, internet or other electronic communication from the ordering stage to the delivery stage.
We encourage you and your staff to review the checklist together to ensure everyone understands what they need to do.
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