Section 114 Liquor Act 2007 | Sale of Liquor Over Internet etc


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The Legislation

Section 114 of the Liquor Act 2007 (NSW) is concerned with Sale of Liquor Over Internet ect and is set out below.

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114 Sale of liquor through internet or by other communication media

(1) A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order must cause the licence number to be displayed in any advertisement or information published in writing or electronically in connection with such sales. Maximum penalty: 20 penalty units.

(2) A licensee who sells liquor through an internet site must ensure that the licence number is prominently displayed on the site and in any advertisement or information published in writing or electronically in connection with such sales. Maximum penalty: 20 penalty units.

(3) A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order, or who sells liquor through an internet site:
(a) must, at the time at which an agreement for sale is made, require the prospective purchaser to supply the purchaser’s date of birth so as to confirm that the prospective purchaser is of or above the age of 18 years, unless the prospective purchaser has previously supplied the purchaser’s date of birth to the licensee, and
(b) must give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:
(i) to the adult person who placed the order, or
(ii) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or
(iii) if the delivery is made on a day after the day the order is taken, or the sale made through an internet site, in accordance with the customer’s instructions.
Maximum penalty: 20 penalty units.

(4) If delivery of any liquor sold in a manner described in this section is taken by a minor:
(a) the delivery is taken to constitute a supply to which section 117 (2) applies, and
(b) the licensee, and any person by whom the liquor was delivered on the licensee’s behalf, are each taken to have supplied the liquor contrary to section 117 (2).

(5) A licensee who, in accordance with subsection (4), is prosecuted for an offence under section 117 (2) has a defence under this subsection if it is proved that the licensee:
(a) complied with the requirements of subsection (3) in relation to the supply concerned, and
(b) at the time of the alleged offence did not know, and could not reasonably be expected to have known, that the alleged offence was committed.

(6) A person (not being a licensee) who, in accordance with subsection (4), is prosecuted for an offence under section 117 (2) has a defence under this subsection if it is proved that:
(a) the person to whom the liquor was delivered was of or above the age of 14 years and, before the liquor was delivered, there was produced to the defendant an evidence of age document that may reasonably be accepted as applying to the person and as proving that the person was of or above the age of 18 years, and
(b) at the time of the alleged offence the defendant did not know, and could not reasonably be expected to have known, that the alleged offence was committed.

(7) A minor must not take delivery of any liquor sold in a manner described in this section unless the minor was ordered or requested by his or her parent or guardian to take delivery of the liquor. Maximum penalty: 20 penalty units.

(8) A person must not order or request a minor to take delivery of liquor sold in a manner described in this section. Maximum penalty: 30 penalty units.

(9) This section does not apply to or in respect of the sale of liquor to persons authorised to sell liquor.