Liquor Act offences in Queensland

The offences patrons get charged with

Section 173B is the one that catches most visitors. Drinking on a beach, in a park or on a footpath in an area where consumption is prohibited by the local government is an offence, and Gold Coast City Council has declared a great deal of the coastal strip.

Fake ID is not a small thing

Section 231A carries up to 100 penalty units or 6 months imprisonment for using a document that is false, or that belongs to someone else, to prove your age. It is the most serious of the patron offences, and it is prosecuted rather than ticketed.

Using a forged driver licence can also produce charges under the Criminal Code, including forgery under section 488 and uttering a forged document under section 489, both carrying much higher maximums, and can result in the Department of Transport and Main Roads taking separate licensing action.

For an 18 year old with a first offence and an early plea, the realistic goal is a fine without a conviction recorded under section 12 of the Penalties and Sentences Act 1992 (Qld). That argument matters more than the fine does, because a dishonesty related conviction affects police checks for years.

Banning notices and banning orders

Two separate mechanisms can exclude you from licensed premises:

• Police banning notices, issued by an officer under the Police Powers and Responsibilities Act 2000 (Qld) for up to 10 days, prohibiting entry to stated premises or a stated area. There is a review process and short timeframes.
• Court banning orders, made on conviction for an offence involving violence committed in or near licensed premises, under Part 3B of the Penalties and Sentences Act 1992 (Qld). These can run for 12 months or longer and prohibit entry to a whole precinct.

Both are enforced by ID scanning at venues in safe night precincts. If your work is in hospitality, a banning order can be the most consequential part of the sentence, and it should be addressed at the time rather than after it is made.

Licensees and staff

The Act imposes heavier obligations on licensees, approved managers and staff than on patrons. Selling or supplying liquor to a minor under section 155 carries up to 250 penalty units for a licensee or approved manager. Supplying to an unduly intoxicated person, permitting disorderly conduct, and trading outside approved hours all attract substantial penalties, and the Office of Liquor and Gaming Regulation can take separate disciplinary action against the licence.

The two proceedings are not the same. A prosecution and a licence suspension can both follow the same incident, and the criminal outcome does not bind the regulator. Deal with both, and do not make admissions in one that you have not thought through for the other.