Alcohol and the Law

State legislation governs the sale and supply of alcohol in Western Australia. The Liquor Licensing Act 1988 (as amended) is administered by the Department of Racing, Gaming and Liquor. The purpose of the Liquor Act is primarily to regulate the sale, supply and consumption of alcohol, and to minimise harm or ill-health caused to people due to the use of alcohol.

Drinking on licensed premises (e.g. pubs, nightclubs)

It is illegal for anyone under the age of 18 years to consume alcohol on licensed premises.
Penalty: $200 infringement or maximum $2,000 fine.

It is illegal to sell or supply alcohol to anyone under the age of 18 years on licensed premises.
Penalty:

  1. Licensee or Manager - $1000 infringement or maximum $10000 fine
  2. Employee - $400 infringement or maximum $4000 fine
  3. Any other person - $200 infringement or maximum $2000 fine

It is an offence for anyone under the age of 18 years to enter or remain on licensed premises except under specific circumstances outlined in the Liquor Act 1988.
Penalty: $200 infringement or maximum $2,000 fine.

Refusing service

It is an offence for employers or employees of licensed premises to sell or supply alcohol to a drunken person.
Penalty:

  1. Licensee or Manager - $1000 infringement or maximum $10000 fine
  2. Employee - $400 infringement or maximum $4000 fine
  3. Any other person - $200 infringement or maximum $2000 fine

Entry into licensed premises may be refused for reasons such as drunkenness, behave in an offensive manner, disorderly behaviour, not dressed in conformity with licensees requirement for a standard of dress, false or insufficient photo identification, or being underage, reputation that cannot pay, is known to quarrelsome or disorderly, is begging, reputed thief or drug supplier - $200 infringement or maximum $2000 fine for person who refuses to leave or re-enters.

Drinking on unlicensed premises

It is illegal for any person to consume alcohol on unlicensed premises (e.g. the town hall, sportsground, on a roadway any place or premises to which the public have access to whether or not by payment ) without the consent of the owner or group in control of those premises. Offence to consume liquor in any place or premises including park or reserve without the consent of the occupier or of the person or authority having control - $200 infringement or maximum $2,000 fine.

It is illegal to sell alcohol anywhere without first obtaining an Occasional Licence to licence the premises (e.g. at a function or party). Unlawful dealing in liquor (Only dealt with in court) - Maximum $20,000 fine.

Drinking in public place

It is an offence in Western Australia for persons of any age to drink in public, such as on the street, park or beach.
Penalty: $200 infringement or maximum $2000 fine.