Banned Drinkers Register Legislation

In December 2023, the Liquor Control Act 1988 was amended, strengthening the effectiveness of the Banned Drinkers Register (BDR).

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The Act provides a clear framework for when and where a Banned Drinker Area (BDA) can be designated and provide additional pathways, like a Banned Drinker Order (BDO), for individuals to be placed on the register.

Section 152ZH defines the BDR as a register of people who have been issued with a Prohibition Order, Barring Notice or BDO and are prohibited from purchasing packaged alcohol in a BDA.

  • Prohibition orders are issued by the Director of Liquor Licensing on application by the Commissioner of Police which can be issued for up to five years.
  • Barring notices are issued by the Commissioner of Police for an alcohol related offence in, or in the vicinity of, a licensed premise
  • BDO can be issued in three ways:
    • By Police for any alcohol-related offence and carry an automatic three-, six-, or twelve-month ban. These can be escalated based on the number of offences.
    • By application from a medical practitioner or social worker to the Director of Liquor Licensing where there is evidence that alcohol misuse is impacting the health and wellbeing of their patient, or wellbeing of the patient’s family or community.
    • By voluntary self-referral, where individuals submit an application to the Director of Liquor Licensing to place themselves on the BDR. The individual can request to be removed from the register at any time.

Participation by licensees of takeaway alcohol outlets in BDAs is mandatory. Retail staff must scan an approved ID on the provided BDR scanning devices to check if the purchaser is on the BDR. If the purchaser is registered on the BDR, the sale must not proceed.

Anyone purchasing takeaway alcohol in a BDA must provide approved photo ID every time they make a purchase. A full list of approved ID can be found here.

Penalties for non-compliance apply.

Banned Drinker offences and penalties

Infringements will be issued by Police and authorised officers from LGIRS. Offences for non-compliance under the Act will result in the following penalties.

  • Police will seize and dispose of liquor found in the possession of a banned drinker.
  • Purchasing packaged liquor for a banned drinker will result in a BDO being issued to the purchaser.

BDO offences and penalties

  • A banned drinker who enters a packaged liquor premises (s110(5)) may face a penalty of $200 to $2,000
  • A banned drinker who obtains or attempts to obtain liquor for a licensee (s110(4)) may face a penalty of $200 to $2,000.

Summary of legislative changes

Establishes the BDR in law

  • Establishes a legal register of people prohibited from purchasing packaged liquor.
  • Establishes head of power for the establishment of Banned Drinkers Areas.

New pathways onto the BDR

  • Includes a new pathway with the establishment of a Banned Drinkers Order, which can be made on application to the Director of Liquor Licensing by a medical practitioner, social worker or other prescribed persons.
  • BDOs can be issued by the police for any alcohol-related offence, including driving under the influence (DUI) and when police orders are issued at family violence incidents when alcohol is involved.
  • Police BDOs are issued for an initial period of 3 months, if contravened police may issue further BDOs increasing the time spent on the BDR.

Combatting secondary supply

  • An offence is created for the supply of packaged liquor to someone known to be on the BDR.
  • The supplier can be prosecuted or infringed, if charged a BDO can be issued (limiting their ability to further supply).

Requirements on licensees

  • Licensees in banned drinker areas will be required to check the purchaser's ID against the register on every sale of packaged liquor.
  • It will be an offence for licensees to sell or supply to a known banned drinker.
  • It will be an offence for licensees to deliver to a banned drinker inside a banned drinker area.

Implications of the BDO

  • A banned drinker cannot purchase, possess or consume packaged liquor in a Banned Drinker Area.
  • Police have powers to seize and dispose of alcohol found in possession of banned drinkers.
  • Breaching of a BDO can result in the order being extended.

The Bill addresses the secondary supply of packaged liquor (buying takeaway alcohol for someone else) and makes it an offence to supply takeaway alcohol to someone known to be on the BDR. Penalties of up to $10,000 may apply.

Strict measures have also been introduced to secure the privacy of people on the register and prevent the unlawful disclosure of BDR-related information. The unlawful disclosures or misuse of information by any person attracts a penalty of up to $10,000.

The Department of Local Government, Sport and Cultural Industries continues to engage with key stakeholders about the BDR, providing education and support about the program and the new legislative changes.

Posters and information material are provided free of charge, and can be requested by emailing BDR@dlgsc.wa.gov.au.

A comprehensive evaluation of the enhanced BDR will be undertaken to inform its future beyond the next 2 years.

Page reviewed 24 February 2026

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