Policy Exemptions to the Liquor Control Act 1988
Effective Date: 18 July 2011 Last Amended: 27 September 2016 Next Review: December 2017
Charter Vehicles The consumption of liquor supplied by the passengers incharter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met: the vehicle is licensed as an Omnibus under the Transport Coordination Act 1966; and the vehicle is capable of carrying 14 passengers or less (excluding the driver); and the vehicle is hired in advance of the trip; and the vehicle is hired for at least one continuous hour; and the driver of the vehicle does not allow a drunk person or a juvenile to consume liquor in the vehicle; and any juvenile in the vehicle is accompanied by a ‘responsible adult’; and the purpose of the vehicle hire can not include transportation of one or more school students to or from a school based function (such as a school ball etc, regardless of whether the function takes place at the school or not). A ‘responsible adult’ is defined in section 125(2)(b) as: “…an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile”. Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be ‘regulated premises’ under section 122 of the Act. Offence provisions under section 122 and section 115 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.