In Queensland, the Liquor Act 1992 regulates the sale of alcohol and its consumption on licensed premises. The Act establishes various offences including the consumption of alcohol on licenced premises by underage persons, to a person being refused entry into licenced premises. These offences are punishable by fines only. However, the amount of the fine can be very high.
Penalty units and fines
In Queensland some penalties are based on a system of penalty units. A penalty unit (PU) is a set amount of money used to work out each fine.
The fine is calculated by multiplying the value of 1 penalty unit by the number of penalty units set for that crime. The number of penalty units will normally have an equivalent jail sentence for people unable or unwilling to pay the fine, or where the judge or magistrate decides a prison term is a more appropriate form of punishment.
The penalty unit value in Queensland is $137.85 (current from 1 July 2021).
Some offences under the Act include; 1. Section 155 Prohibits the sale of alcohol to a minor. If the offence is committed by the licensee, or approved manager working at the premises the penalty is 250 penalty units or otherwise 80 penalty units.
2. Section 164 Conduct causing public nuisance- A person must not be drunk or disorderly, or create a disturbance in licensed premises. Maximum penalty—25 penalty units.
3. Section 165 Removal of persons from premises. A person may be requested to leave licensed premises for a number of reasons including if; the person is unduly intoxicated, the person is disorderly, the person is creating a disturbance or the person is a minor. Maximum penalty—50 penalty units. In addition to this should the person fail to leave premises when required to do so a further offence is committed- Maximum penalty—50 penalty units.
4. Section 165A Refusing entry to premises. A person may be refused entry to licenced premises for a number of reasons including; if they are unduly intoxicated, the person is disorderly, or the person is a minor. Maximum penalty—50 penalty units.
5. Section 173B Consumption of liquor in certain public places prohibited. A person must not consume liquor in a public place. Maximum penalty—1 penalty unit.
6. Section 231 False or misleading statements. A person on licensed premises who states anything that the person knows is false or misleading in a material particular commits an offence. Maximum penalty—100 penalty units or 6 months imprisonment.
7. Section 231A False, misleading or incomplete documents. A person must not give a document (such as a proof of age card or drivers licence) containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—100 penalty units or 6 months imprisonment.
Charged with an offence under the Liquor Act?
At Smith Cambridge Lawyers, we can give you advice on the best way to progress your matter to either fight the charge or put you in the best possible position prior to sentence to get you the outcome which will allow you the most freedom possible.