Off-premises requests and alcohol delivery

This page sets out the responsibilities for licensees who supply packaged alcohol to customers who make an off-premises request.

As defined in the Liquor Control Reform Act 1998, an off-premises request is a request for the supply of liquor, whether made by mail, phone, internet or other electronic communication, by a person who is not on the licensee's licensed premises at the time the request is made. This includes orders that are delivered to or picked up by a customer.

Licences that allow off-premises requests

The following licences allow for off-premises requests. Click on the licence type to check for any restrictions specific to that licence. There are additional requirements that need to be followed when delivering orders made remotely.

Specific licence conditions take precedence over the advice provided above.

Notify LCV before starting off-premises requests

Licensees holding any of the above licences (except for remote seller's packaged liquor and renewable limited licences) must notify LCV before starting the supply of packaged alcohol by off-premises requests.

To notify LCV of your intent to supply packaged alcohol via off-premises requests, follow the steps below.

Requirements for processing off-premises requests

Section 18C of the Act mandates the following requirements for off-premises requests.

Display licence number and warning notice

Licensees must display a valid liquor licence number in a prominent position on the website, online platform or interface where alcohol orders are placed. The licence number also needs to be on any promotional or advertising material promoting off-premises requests or alcohol delivery.

The following warning notice must be displayed on the licensee’s website, online platform or interface where alcohol orders are placed:

Request customer information

Customers must confirm they are 18 years old or over when placing the order. It is against the law to sell alcohol to a minor.

If the order is a gift for delivery, you must confirm that both the customer placing the order and the person receiving the gift are 18 years old or over. The customer placing the order needs to provide the name and address of the gift recipient.

If the order is for delivery, you must ask existing customers to provide instructions where to leave the order if they’re not at the address at the delivery time. This does not apply to same day delivery, which needs to be delivered to a person.

Requirements for delivering alcohol

Section 18C of the Act mandates the following delivery requirements for off-premises requests. These requirements are applicable to all licence types that deliver packaged alcohol in response to off-premises requests.

Provide instructions for the delivery driver

Licensees must provide written instructions to each delivery driver outlining the following:

• alcohol can only be delivered before 11 pm
• same day deliveries must not be left unattended
• each recipient must be 18 years old or over
• first-time orders – only deliver to the person who placed the order. Check their ID to prove their identity and confirm they are 18 years old or over.
• gift orders – check the ID of the person receiving the order to confirm they are 18 years old or over
• orders from an existing customer – deliver the order as per customer’s instruction.

The following resources have been developed to help you inform delivery drivers of their obligations. You should also ensure delivery drivers know what to do when a delivery cannot be completed.

Refuse delivery to minors and intoxicated people

It is an offence under the Act for a person to deliver alcohol if:

• the recipient is under the age of 18 years
• the recipient is intoxicated
• there is a substantial risk that the recipient is intoxicated

Licensees should ensure delivery drivers know how to identify when to refuse delivery. It may be useful to include signs of intoxication in the written instructions provided to delivery drivers.

Checklist

Use the checklist below to help you meet these delivery requirements.

Obligation to report all failed deliveries

Licensees must record each failed alcohol delivery and report it to LCV.

A failed delivery is where the delivery driver has refused to deliver the alcohol because:

• The recipient was a minor.
• The delivery address was unattended (for a same day delivery).
• The person who placed the order was not present to accept the order or could not produce an acceptable form of identification (for a first-time order).
• The recipient or another person was not present at the delivery address or could not show an acceptable form of identification (for a gift).
• The recipient was intoxicated or there was a substantial risk that they were intoxicated.

Licensees must record:

• The total number of deliveries made during the relevant period.
• Total number of failed deliveries.
• The date and time of each failed delivery.
• The postcode of the location where the refusal occurred.
• The reason for refusal.

Licensees must supply this data to LCV at contact@liquor.vic.gov.au by 30 July each year.

Use the template below to track and report failed deliveries.

Offences and penalties

There are several offences that a licensee or delivery person can receive if licence conditions are not followed, or alcohol is not delivered responsibly.

The conditions in section 18C of the Act are licence conditions. Failure to comply with a licence condition is an offence under the Act and carries a maximum penalty of 60 penalty units (more than $10,000).

A breach of a licence condition is also grounds for disciplinary action under section 90 of the Act.

Under section 119A of the Act, it is an offence for a person to knowingly deliver alcohol to someone under the age of 18. This offence carries a maximum penalty of 120 penalty units (more than $23,000).

If a delivery is completed to a customer who is intoxicated or likely intoxicated, as a licensee you may be liable for a maximum penalty of 120 penalty units (more than $23,000).