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Disclaimer

This guideline is designed to provide information regarding the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion, interpretation, or any other professional advice.

The information is provided on the understanding that all persons accessing it will undertake responsibility for assessing the relevance and accuracy of its contents. 

Background

Section 110(3) of the Liquor Control Act 1988 (the Act) provides that it is an offence for a person to take or be permitted to take liquor from a licensed premises if the licensee is not authorised to sell liquor for consumption off the licensed premises. Accordingly, a licensee commits an offence if it permits liquor to be taken off the licensed premises, that at the time it was sold, was for consumption on the premises. 

There is currently some ambiguity around the sale and consumption of liquor on golf courses. This document was developed to provide guidance and clarity to golf clubs on taking a consistent approach and application, in relation to the sale and consumption of liquor on golf courses and the surrounding grounds. 

Responsibilities  

The Act does not require liquor that is sold or supplied that is intended to be consumed on the licensed premises, to be open/unsealed at the point of sale. However, licenses are often conditioned requiring liquor to be supplied in opened/unsealed containers at the point of sale. 

Liquor that is sealed/unsealed may be sold or supplied for consumption on a licensed premises, provided the requirements of the Act and any conditions of a liquor licence are met. 

Where an entire golf course (including club-house and playing area) is already covered by a licence or permit, no further approvals are required for the sale and consumption of liquor on the golf course. However, if the playing area of a golf course is not included in the licence or permit, liquor may be permitted to be sold and consumed on a golf course by seeking alterations to liquor conditions which may include:

• the redefinition of the licensed area to incorporate the whole golf course (e.g. the licensed area of the club-house and the intended playing area (and surrounds) of the golf course); 
• the golf course playing area (and surrounds) becoming licensed through the grant of an extended trading permit; 
• varying or specifying the conditions of a liquor licence to allow the point of sale for liquor to occur in a location other than the existing bar area of the licensed premises;

Risk measures and management strategies must be considered and implemented to ensure:

• persons are prevented from leaving the licensed premises with unconsumed liquor;
• juveniles are not provided with and do not consume liquor, if the licensed premises is authorised to allow unaccompanied juveniles; and
• there are reasonable quantity purchasing limits in place for the sale and consumption of liquor on the golf course.

Golf clubs wishing to vary any current licence conditions relating to open/unsealed liquor at the point of sale, may apply to vary or remove this condition as detailed above. Please note however that the final decision to grant any such change remains with the Director of Liquor Licensing.

Director of Liquor Licensing