What is the Banned Drinkers Register

Frequently asked questions

The Banned Drinkers Register program (BDR) aims to reduce the harm to individuals, families and the community caused by anyone whose drinking behaviour is hurting their own, or their family’s and community's, health and safety by preventing them from buying or receiving takeaway alcohol.

BDR scanners are used at liquor stores to scan customers’ photo ID at the point of sale and compare that information to data held on the register. If there is a match, staff can’t sell takeaway alcohol to that customer.

FAQs

What do all the acronyms mean?

Banned Drinkers Register (BDR)

A Banned Drinkers Register (BDR) is a database with the names, photos and addresses of people who are banned from buying or possessing takeaway alcohol (packaged liquor), even if they didn’t buy it or it was given to them by a friend or family member.

Banned Drinker Area (BDA)

A Banned Drinker Area (BDA) is an area, region or town with set boundaries declared by the Minister, where a Banned Drinker Register (BDR) is in place.

Banned Drinker Order (BDO)

A Banned Drinker Order (BDO) is a legal order issued by a WA Police officer or the Director of Liquor Licensing placing a person on the BDR:

What is different with the law now compared to what was in place? 

The new laws are designed to support communities’, State and Local Governments’ ongoing efforts to reduce alcohol-related harm.

The key changes include:

  • It is now mandatory for anyone purchasing takeaway alcohol in a BDA to provide an approved photo ID,
  • licensees and retail staff must scan the person's ID to check if they are on the register before finalising the sale.
  • WA Police can:
    • issue BDOs for alcohol-related offences, including family violence incidents where alcohol is involved.
    • seize and dispose of takeaway alcohol found in a banned drinker’s possession in a BDA.
    • issue infringements and fines of up to $10,000 for non-compliance with the BDR
  • Medical practitioners and social workers can apply to the Director of Liquor Licensing to have someone placed on the BDR if their alcohol consumption is a risk to their or their family’s health. 

Importantly, the voluntary feature of the BDR program remains in place. This means anyone can apply to put themselves on the BDR as a way to help them take control of their drinking to protect themselves, their families and communities from harm, and help in their rehabilitation.

Will the BDR solve alcohol related problems in the community?

No.  The BDR is one of the many tools that makes up a whole-of-government approach to tackling the complex factors that contribute to issues and harms that arise from alcohol use.

The government also funds Alcohol and Other Drug programs by the Department of Health and the Mental Health Commission.  to support individuals and communities.

Is the BDR designed to target any particular group in the community?

No. A BDO can be placed on any individual whose alcohol consumption is endangering their own, their family’s and the community’s health and safety. 

Are there penalties for someone who buys takeaway alcohol for someone who is on the BDR (i.e. a banned person)?

Yes. BDR laws have expanded to include penalties for the secondary supply of takeaway alcohol to a person on the BDR. 

This now means “doing a favour for a mate” could see an individual placed on the BDR themselves or, in the case of takeaway alcohol retailer, have a financial penalty imposed on them.

Who must provide approved photo ID to buy takeaway alcohol in a Banned Drinker Area?

Anyone living, working or travelling through a BDA has to show approved photo ID to buy takeaway alcohol.

It is the customer's responsibility to ensure they have an approved form of ID, for the purposes of the BDR, or to get one, before they can buy takeaway alcohol.

Information on the closest location to obtain approved forms of ID is available on the BDR website, and may be available at the liquor store. 

How will the Banned Drinkers Register affect businesses? 

Liquor stores in BDAs have been scanning and checking IDs for a long time, so there is very little change to what they have been doing.

The biggest change for business is that the law now supports the No ID, No Service policy they have been using during the voluntary trial.

Regular customers and members of your community will be used to the process. Any new customers, like tourists or FIFO workers will also have to provide photo ID for scanning. 

Why do staff have to hand out flyers about the BDR?

They don't. Posters and flyers with information about the BDR have been provided to liquor stores.

The flyers contain a contact phone number so that customers have a person to call during business hours if they want to ask questions, for example to confirm if in fact they are on the BDR. Staff don’t have to hand these out but they are available to use if staff believe they can’t answer a customer’s questions.  

What happens when my card is scanned?

The scanner works by comparing the information on the customer's approved photo ID with information on the register. If the purchaser is a banned drinker, the scanner notifies the retail staff, and the sale will be stopped.

If the customer is not a banned drinker, the sale can proceed.

The information is encrypted and securely managed, and all the scanned information is purged from the BDR scanners after 24 hours.

Privacy is treated very seriously, and the new laws allow for significant fines for improper use or disclosure of information or details related to the BDR to be imposed.

What forms of identification will be accepted?

Most people already carry approved photo IDs because they include all Australian drivers’ licences, Proof of Age cards, Australian passports, and international drivers’ licences and passports issued in English language. Expired IDs are acceptable for the purposes of the BDR.

Customers who do not have an approved photo ID will not be able to purchase takeaway alcohol. There are no exemptions to this requirement. 

Get a full list of approved IDs.

Why can someone who has a BDO still go to the pub or have a beer or wine at a restaurant?

The BDR only applies to takeaway alcohol (packaged liquor). That is because it targets problems caused by consumption of takeaway alcohol in the community.

Hotels, restaurants, pubs, and other licensed venues are required to adhere to responsible service of alcohol requirements as outlined in the Liquor Control Act (1988).

These laws include refusal of service and expulsion from a venue if the licensee believes an individual’s behaviour is unacceptable.

How is a person placed on the Banned Drinkers Register? 

Individuals subject to barring notices and/or prohibition orders are automatically included on the BDR.

The new laws give police powers to issue  BDOs  to individuals for any alcohol-related offence which can be three, six, or 12-month bans, and can be escalated based on number of offences.

Medical practitioners and social workers may apply to the Director of Liquor Licensing for their patient or client to be placed on the BDR where there is evidence their alcohol use is impacting the health and wellbeing of the individual, their family or their community.

Individuals can still voluntarily register to be on the BDR, by applying to the Director of Liquor Licensing. Voluntary referrals, also known as self-referrals, can request to be removed from the register at any time.

How long does a ban last?

The length of a ban will depend on the order that led to an individual to be placed on the BDR.

Barring notices can be issued for up to 12 months, and prohibition orders for up to five years.

BDOs issued by WA Police result in an automatic ban of three, six or 12 months and the period is related to the number of times a person is issued with a BDO.

Will the ban help only the banned drinker? 

The effects of alcohol-related harm are often felt by the most vulnerable in our community, such as children and families who are the subjects of domestic violence.

The objective of the BDR is to help reduce alcohol-related harm to individuals, families, and the community.

Information on where to get help to manage alcohol intake is available on the BDR website.

What if a person disagrees with being placed on the Banned Drinkers Register through a Banned Drinker Order?

If someone disagrees with a BDO they can ask for it be reviewed by the issuer of the BDO, such as the Commissioner of Police or the Director of Liquor Licensing.

A banned drinker may also seek to have the matter reviewed by the Liquor Commission for review, if a person isn’t happy with.

Importantly, the BDO remains in effect while any review happens.

Who will decide where and when a Banned Drinkers Area will be declared?

The law gives the Minister for Racing and Gaming the power to establish BDAs.

Before a BDA can be declared the Minister must consult with the Commissioner of Police, each local government in the proposed BDA, and be satisfied that the proposed regulations are in the public interest.

The Minister may consult with other stakeholders if deemed necessary.

 

 

Page reviewed 02 May 2024