Intro
This factsheet sets out the criteria that must be met by the operators of charter boats to sell, supply or allow consumption of alcohol on commercial charter boats.
Where alcohol is to be consumed on board, the nature and purpose of the charter will determine if a liquor licence is necessary.
Depending on the function for which the charter boat is to be used, it may be covered by an exemption from most of the Liquor Control Act 1988 (LC Act) — for example, a boat is chartered for an event which meets the small function exemption under the LC Act.1 Further information on exemptions can be found in the factsheet Exemptions to the Liquor Control Act 1988.
Under any exemption where a premises is considered to be a ‘regulated premises’, offence provisions under the LC Act will apply to the supply, consumption and possession of alcohol in regard to juveniles and drunk people.2]
Where a charter boat is hired and guests are permitted to bring their own alcohol, the boat will be considered a regulated premises under the LC Act because it is a premises which is used for the purpose of financial gain. It may also meet the definition of regulated premises if refreshments are available at a charge, or foods, light refreshments or non-alcoholic drinks are ordinarily sold or served to the public for consumption on the premises.3
Charter boats that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the Director of Liquor Licensing (DLL) may grant a transport special facility licence.4 Further information is available in the Special facility licences policy.
An applicant intending to sell and supply alcohol at a one-off event on a charter boat will require an occasional licence.
An occasional licence is not a permanent licence and authorises alcohol to be sold, supplied or consumed at specified times and occasions on the charter boat, subject to specified conditions.5 The DLL may impose conditions which they consider to be in the public interest or desirable to:
If an applicant is seeking an occasional licence for an event to be held on a charter boat, the DLL will consider whether it poses a level of risk requiring additional conditions to be placed on the licence.
The conditions7 that may be imposed on the licence will depend on the nature of the charter boat and the event. For example, an occasional licence for a low-risk, small private function may have no special conditions imposed on it. In contrast, a larger public event, or a high risk event such as a raft-up, is likely to have a number of conditions applied. These could include, for example:
All charter boat must comply with the Department of Transport (Marine Safety) and Australian Maritime Safety Authority standards and guidelines.
Depending on the nature of the event the following measures may be advisable, whether a liquor licence is required or not:
In addition to the specific obligations on a transport special facility licence or an occasional licence, liquor licences are subject to a number of additional legislative requirements depending on the type of licence. These requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff and the maintenance of an incident register. Any licensed premises which is authorised to sell alcohol must make sure that free drinking water is provided at all times. Further information on these obligations are available in the liquor policies and factsheets.
Further information on licence requirements is available, or the Licensing section can be contacted on 61 8 6551 4888.
The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.