Resource

Each State in Australia has a different way of dealing with liquor licensing, and each business on the Open Food Network operates in its own distinct manner.

Because of this complexity, this page does not seek to provide legal advice on the sale of liquor in Australia, but an outline of existing licensing laws that you should be aware of if you are considering selling liquor through an Open Food Network shopfront.

This resource is designed to be a starting point for further research as you work through what is required for your specific context.

If you are in doubt, please contact your State authority for further information:

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia

Selling liquor on the Open Food Network

Can I sell my alcoholic product on my own Open Food Network shopfront or through a hub or Community Food Enterprise?

Yes, but you must have the correct liquor license.

Selling liquor in Australia in any capacity requires you to have a valid liquor license specific to your sales platform (i.e. online or in person) and your State, under Federal law. See above for more information specific to your state.

Open Food Network Australia has specific requirements for selling liquor on our platform.

Be aware our general terms and conditions include the following points on the sale of liquor. By registering as a user of the Open Food Network Australia platform, you have agreed to the following:

1. Sales of liquor online must only be provided by licensed entities.
2. You may only sell and deliver liquor using the Service within Australia, and must ensure that you comply with any State or Territory legislation applicable to your sale of liquor, including meeting all specific requirements of your liquor licence.
3. We will only permit you to sell liquor using the Service if you have provided us with a copy of your liquor licence, including any subsequent renewals. We may suspend your right to use the Service at any time if we become aware or suspect that you are in breach of the terms of any applicable State or Territory legislation.
4. Even if you have undertaken the process of putting together a live product listing to sell through the Service, we reserve the right to remove your products or close order cycles if we have not received the correct legal documentation and disclaimers and you may face penalties if you do not comply.

Compliance checklist – all shopfronts:

Please use the following checklist ✅ to make sure you have met all Open Food Network Australia requirements prior to listing your products:

✅ Include your current liquor license number on your shop ‘home’ message to be approved by Open Food Network as a valid seller – see where to find this below:

✅ Include clear instructions regarding the refusal of sale and delivery of liquor to minors (under the age of 18) on your shop ‘home’ message to be approved by Open Food Network as a valid seller.

State examples below – please confirm before publishing with your state authority:

• New South Wales:Liquor Act 2007 – It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
• Victoria: Warning – Under the Liquor Control Reform Act 1998 it is an offence: To supply alcohol to a person under the age of 18 years (Penalty exceeds $19,000), For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $800).
• Western Australia: WARNING. Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
• South Australia: Under Liquor Licensing Act 1997, Liquor must NOT be supplied to persons under 18.
• Queensland: Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.
• Tasmania: Under the Liquor Licensing Act 1990 it is an offence: for liquor to be delivered to a person under the age of 18 years. Penalty: Fine not exceeding 20 penalty units. For a person under the age of 18 years to purchase liquor. Penalty, Fine not exceeding 10 penalty units.

  
  ✅ You must include clear instructions regarding the refusal of sale and delivery of liquor to minors (under the age of 18) at checkout; to do this upload a Terms and Conditions document that will prompt shoppers to confirm they have read the State specific statement on sale of alcohol and that they are are over the age of 18 before their order is confirmed.

  Note in your terms and conditions that you (the seller) reserve the right to request proof of age documentation. If you are unsure of what to include in your Terms and Conditions you should consult your state authority, links above.

  ✅ Upload your Terms and Conditions document via “Business Details” in your Open Food Network admin dashboard: 

Suggested wording for Terms and Conditions is in the below template:

It is against the law for [insert name of producer] or you to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years.

In placing this order, and agreeing to these terms and conditions, you warrant to [producer name] that:

1. You are over the age of 18 and will producer evidence of age if requested at the time of pick up or delivery
2. Any person that you are obtaining items contained in this order for, or supply the order to, is over the age of 18 years, and
3. You will not take or supply any part of your order to any liquor-restricted area or community.

Please enjoy beverages responsibly in states where the consumption of alcohol is lawful, for persons who are lawfully permitted to consume alcohol. Find out more at www.drinkwise.org.au.

Liquor license number: [insert number]

✅ Ensure that you only offer domestic postage for order that include liquor (shipping within Australia, no sales are allowed to other countries).

✅ Ensure that you do not send liquor to domestic restricted dry areas – refer to state authority links above if you are in doubt.

Additional compliance checklist – Hubs and Community Food Enterprises:

✅ If you sell products from multiple producers you must clearly list each producer in your Terms and Conditions.

Need help?

If you have questions or need help, please contact our Customer Support team at: hello@openfoodnetwork.org.au