Alcohol and the law

The sale and supply of alcohol in Western Australia is governed by the Liquor Control Act 1988 and its regulations. Each State and Territory in Australia has its own liquor licensing laws.

  • It is against the law to sell alcohol anywhere without a license to do so. This includes at a shop, venue, function or party. 
  • All licensed venues have specific trading hours they can sell and serve alcohol. It is a requirement that all bar staff, managers and licensees be formally trained in Responsible Service of Alcohol (RSA)
  • It is against the law to sell or supply alcohol to anyone under the age of 18. People under 18 years old can only enter or remain at licensed venues in specific circumstances depending on the license type (e.g. when accompanied by a parent or guardian).

It is against the law for anyone to drink in a public place, like on the street, in a park or at the beach.

It is against the law for a person under 18 years old to possess alcohol in a public place, even if it is unopened.

On 20 November 2015, laws came into effect regarding the secondary supply of alcohol.

Under this law, it is an offence for anyone to supply under 18s with alcohol in a private setting without parental or guardian permission.  This offence carries a maximum penalty of $10,000.

Drinking & driving

Drinking and driving

It is against the law to drive with a Blood Alcohol Concentration (BAC) of 0.05% or above for full license holders.

For anyone on a learner’s permit or P plates, the legal limit is 0.00% (zero) BAC.

Drink driving is enforced through targeted and random roadside breath testing by the WA Police Force.

Learn more about drink driving.

Alcohol delivery apps

In 2022, new laws came into effect including a prohibition on unattended same day deliveries and set hours for delivery.

Anyone receiving an alcohol delivery must be aged 18 or over and will be asked to show ID.

pregnancy-warning-label

Did you know?

The Food Standards Code has specific requirements for the labelling of alcoholic drinks.

All packaged alcohol must have a statement on the label that lists how many standard drinks it contains and the percentage of alcohol.

As of 31 July 2023, alcoholic drinks must also have a mandated pregnancy warning on the label.

Frequently Asked Questions

Yes. Regardless of the age of the person supplying alcohol, it’s against the law to supply alcohol to a person under 18 years old without permission from their parent or guardian.

No. It’s against the law to give alcohol to anyone who’s under 18 without permission from their parent or guardian. This includes at house parties. The maximum fine is $10,000. 

Yes, provided permission is given by their parent or guardian. If permission is given, the law requires the person supplying the alcohol to comply with responsible service requirements at all times. This includes:

  • Not supplying alcohol if the person supplying the alcohol is drunk.
  • Not supplying alcohol to the 17-year-old if they are drunk.
  • Supervising the consumption of alcohol by the 17-year-old at all times.
  • Not supplying alcohol to the 17-year-old if, at the time the permission was given, the parent or guardian was drunk.

No, unless you get permission directly from the friend’s parent. The person supplying the alcohol must not be drunk and must not provide alcohol if they can’t supervise the young people drinking at all times. 

Yes, provided the alcohol is not opened. In the case of Leavers, it is possible your car may be searched by Police if you are driving to your leavers destination. If Police suspect the alcohol in your car is intended to be consumed by someone under the age of 18 years, they can confiscate the alcohol and you are liable for a fine.

You will be asked to show photo ID (a current driver’s licence, current passport or Western Australian Photo ID card) if you look younger than 25. It’s against the law to use a fake or misleading photo ID to buy alcohol or to get into a licenced venue. This includes using someone else’s ID. 

Asking someone over the age of 18 to buy alcohol for you is also against the law. The maximum penalty for you and the person intending to buy you alcohol is $10,000.

No. It’s against the law to supply or sell alcohol to under 18s in any building hired to the public, including community halls and clubs.

Page last updated16 February 2024