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State legislation governs the sale and supply
of alcohol in Western Australia. The Liquor Licensing Act
1988 (as amended) is administered by the Department of Racing,
Gaming and Liquor. The purpose of the Liquor Act is primarily
to regulate the sale, supply and consumption of alcohol, and
to minimise harm or ill-health caused to people due to the
use of alcohol.
Drinking on licensed premises
(e.g. pubs, nightclubs)
It is illegal for anyone under the age of 18 years to consume
alcohol on licensed premises.
Penalty:
$100 infringement or maximum $1000 fine.
It is illegal to sell or supply alcohol to anyone under the
age of 18 years on licensed premises.
Penalty:
1. Licensee or Manager - $500 infringement or maximum $5000
fine
2. Employee - $200 infringement or maximum $2000 fine
3. Any other person - $100 infringement or maximum $1000 fine.
It is an offence for anyone under the age of 18 years to enter
or remain on licensed premises except under specific circumstances
outlined in the Liquor Act 1988.
Penalty:
1. $200 infringement or maximum $2000 fine.
Refusing service
It is an offence for employers or employees of licensed premises
to sell or supply alcohol to a drunken person.
Penalty:
1. Licensee or Manager - $500 infringement or maximum $5000
fine
2. Employee - $200 infringement or maximum $2000 fine
3. Any other person - $100 infringement or maximum $1000 fine.
Entry into licensed premises may be refused for reasons such
as drunkenness, disorderly behaviour, unacceptable dress,
false or insufficient photo identification, or being underage.
Drinking on unlicensed premises
It is illegal for any person to consume alcohol on unlicensed
premises (e.g. someone’s house, the town hall) without
the consent of the owner or group in control of those premises.
It is illegal to sell alcohol anywhere without first obtaining
an Occasional Licence to licence the premises (e.g. at a function
or party).
Drinking in public place
It is an offence in Western Australia for persons of any age
to drink in public, such as on the street, park or beach.
Penalty:
$50 infringement or maximum $500 fine.
Drinking and driving
The Road Traffic Act 1974 and associated regulations outline
the offence of drinking and driving and related penalties.
It is an offence in Western Australia to drive with a Blood
Alcohol Concentration (BAC) of 0.05% and over. Probationary
(‘P’ plate) drivers are not legally allowed to
drive with a BAC of 0.02% or over. In practice, it is safest
not to drink at all if planning to drive.
Random Breath Testing (RBT)
Random Breath Testing (RBT) allows the to stop a vehicle
at any time and ask the driver to take a breathalyser test.
If a driver refuses to do so, they commit an offence. An RBT
assesses a person’s Blood Alcohol Concentration (BAC).
BAC is a measure
of the amount of alcohol in the blood. Generally, the more
alcohol a person drinks, the higher their BAC will be. A person’s
BAC depends on a number of factors such as:
- number of drinks
- time taken to consume drinks
- types of drinks consumed
- whether or not there is a substantial amount of food in
the stomach
- size, build and sex of the drinker
- time since last drink
- use of other drugs.
The two most important factors in determining a person’s
BAC are the number of drinks and the time taken to consume them.
Breaking the drink driving laws carries mandatory penalties
– disqualification from driving for a set period of time
and heavy fines. Repeated offences can lead to a prison sentence.
Anyone under the influence of alcohol who injures or kills another
person while driving a motor vehicle can go to prison.
Probationary (‘P’ plate)
drivers
BAC greater than 0.02%
Penalty:
$100
fine and automatic cancellation of licence for three months.
After three months, offenders must reapply for their licences.
Drivers who hold a normal
motor vehicle drivers licence (not on ‘P’ plates)
BAC greater than or equal to 0.05% (but less than 0.08%)
Penalty:
Minimum $250 - $500 fine and loss of driver’s licence
for three months
BAC greater than
or equal to 0.08% (but less than 0.15%)
First
offence: Minimum $400-$700 fine and loss of driver’s
licence for six months
Second offence:
Minimum $800 - $1200 fine, and loss of driver’s licence
for six to twelve months.
Subsequent offence:
Minimum $800 - $1200 fine, and loss of driver’s licence
for six to fourteen months.
BAC greater than or equal to 0.15% or refusing an alcohol and/or
drug test
First offence: Minimum
$800 fine, and loss of driver’s licence for between six
to twelve months.
Second offence: Minimum
$1,500 fine or six months imprisonment, and loss of licence
for two years or longer.
Third and other offences: Minimum $2,000 fine
or an 18 month imprisonment, and loss of licence for life. |
