What is the penalty for selling or serving alcohol to an intoxicated patron in Qld under section 156 of the Act?

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In-venue A4 poster, reading: We can be fined if we sell, supply, or allow liquor to be consumed by an unduly intoxicated patron : Management $71,875 | Staff $11,500 : We can't afford that. You won't be served.

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Under the Liquor Act 1992 it is illegal to supply anyone under 18 years old with alcohol at a private place (such as the family home) if you're not:

• the ‘responsible adult’
  and
• providing ‘responsible supervision’ of their consumption.

What are you really buying them?

In 2019 the Queensland Government launched the 'What are you really buying them?' campaign, which aims to encourage parents, step-parents, guardians and friends of under 18s to think before supplying them with alcohol.

This campaign is in licensed venues and take-away liquor outlets across Queensland. Read more about the What are you really buying them? campaign.

Research shows that up to 1 in 5 under 18s are victims of alcohol-related incidents, including sexual assault, and are at physical risk from risky behaviour and violence. They could also be fined for possessing alcohol.

Under 18s who are supplied alcohol could fall victim to one of these scenarios. The campaign also invites minors to view risky behaviours as a deterrent to consuming alcohol.

Penalties for irresponsibly supplying alcohol to a person under 18 at a private place

You could face court and be fined up to $11,500 for supplying alcohol to an under 18 year old while at a private place, if you're not their responsible adult and providing responsible supervision.

Definition of a ‘responsible adult’

A 'responsible adult' is a parent, step-parent or guardian, or an adult who has parental rights and responsibilities for the under 18 year olds.

Definition of ‘responsible supervision’

Under the law, a number of factors are considered in deciding whether alcohol is being supplied under ‘responsible supervision’. These include:

• the age of the under-age person
• whether the adult is unduly intoxicated
• if the under-age person is unduly intoxicated
• whether the under-age person is eating food while drinking alcohol
• if the adult is responsibly supervising the under-age person’s alcohol intake
• the volume of alcohol being supplied and the period it is supplied over.

Definition of ‘unduly intoxicated'

A person may be taken to be 'unduly intoxicated' if:

• their speech, balance, coordination or behaviour is noticeably affected and
• there are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.

For more information about supplying alcohol to under 18s contact the Office of Liquor and Gaming Regulation.

Last updated: 1 July 2022

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You’re breaking the law if you go into a restricted area with more alcohol than the carriage limit. You may have to pay a fine or go to jail. The maximum penalties are:

• first offence—375 penalty units ($53,906)
• second offence—525 penalty units ($75,468) or 6 months imprisonment
• third or later offence—750 penalty units ($107,812) or 18 months imprisonment.

The penalty unit from 1 July 2022 is $143.75.

Check individual communities for information about the penalties that apply.

No drinking in public places

You can’t drink alcohol in a public place in Queensland, unless the area is a licensed premises or is declared as a wet area. You can be issued with an on-the-spot fine for drinking alcohol in a public place.

Sly grogging

Sly grogging is selling alcohol (often at very high prices) without a licence. Sly grog can be a major cause of harm, violence, poor health and poverty in Aboriginal and Torres Strait Islander communities.

To report sly grogging, phone the confidential Sly Grog Hotline on 1800 500 815.

Homebrew bans

Homebrew and homebrew equipment is banned in communities with a zero-alcohol carriage limit and in Doomadgee.

Where homebrew is banned, it is an offence to:

• have a homebrew kit or parts of a homebrew kit (a 'homebrew kit' is defined as a kit that includes a fermenter, an airlock and a thermometer)
• have anything that is being used or was used to brew alcohol
• have homebrew concentrate
• have any homemade alcohol
• give home-made alcohol to anyone else.

The maximum penalty for having home brew is 190 penalty units (currently $27,312).

Last updated: 10 August 2021

Under the Liquor Act 1992, it is an offence to sell or supply liquor to an unduly intoxicated person. It is also an offence to allow unduly intoxicated persons to consume liquor on licensed premises.

If you observe a customer is buying drinks for an unduly intoxicated friend, advise them it is against the law for them to supply that friend with alcohol. Friends who supply liquor to an unduly intoxicated person can face heavy fines, along with the licensee or staff for allowing it to happen.

The penalties listed below are current as at 1 July. The values change each year on this date.

Read more about penalties for irresponsible service of alcohol.

Penalties for patrons

Penalties apply for the patron too, so by removing them from the premises you are doing them a favour!

Also consider...

• Last reviewed: 25 Jun 2019
• Last updated: 1 Jul 2022