Home > Liquor > Resources > Selling alcohol online, by phone, fax or mail order

Selling alcohol online, by phone, fax or mail order

If your business sells alcohol online, by phone, fax or mail order, you need to be aware of the following information.

You should definitely read on if you are:

a licensee selling alcohol online
a vigneron or retail licensee with a mail order home delivery service
a licensee providing home deliveries by accepting orders over the phone or fax
a courier or deliverer of alcohol purchased online, by phone, fax or by mail order
an adult, particularly a parent or guardian, buying alcohol online, by phone, fax or by mail order.

The following information below does not apply to a wholesale sales made to a liquor licensee.

Online sites selling alcohol

If you have an online site selling alcohol, there are a number of rules you must follow.

Put a compulsory notice on your website

On your website you must display the following notice:

‘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.’

This notice needs to be prominently placed on your website - consider putting it on your home page as well as the actual page where online sales are made.

If you do not display this notice, you may be liable for an on-the-spot penalty of $220 or a court fine of up to $2,200.

Display your licence

If you sell alcohol online, you must display your liquor licence number prominently on the website and in any relevant advertisement published in print or electronically.

You can consider placing your liquor licence number on the home page and the page where online sales are made. If you do not display your licence number, you may be liable for an on-the-spot penalty of $220 or a court fine up to $2,200.

Confirm people are at least 18 years of age

In NSW, the legal drinking age is 18 years. At the time you make the first online sale, you must confirm that the buyer is at least 18 years of age.

If you have regular customers, you only have to confirm they are at least 18 years of age the first time they buy alcohol from you if you keep a record of the customer’s date of birth. If you do not keep a record, you will have to get it when they make another order.

Give written instructions to deliverer

You must give written instructions to the person responsible for delivering the alcohol. The written instructions must require the alcohol to be delivered:

to the adult who placed the order (include their name in the instructions)
to another adult at the delivery address who can accept the order on behalf of the person who placed the order
if the delivery is made on a day after the sale was made through an internet site, in accordance with the customer’s instructions (such as delivery to another address).

Phone, fax and mail order alcohol sellers

If you sell alcohol by taking orders over the phone or by fax or mail order, there are a number of rules you must follow.

Display your licence

You must display your liquor licence number in any relevant advertisement published in print or electronically.

If you do not display your licence number, you may be liable for an on-the-spot penalty of $220 or a court fine up to $2,200.

Confirm people are at least 18 years of age

In NSW, the legal drinking age is 18 years. At the time you make the first sale, by phone, fax or mail order, you must confirm that people are at least 18 years of age.

Give written instructions to deliverer

You must give written instructions to the person responsible for delivering the alcohol. The written instructions must require the alcohol to be delivered:

to the adult who placed the order (include their name in the instructions)
to another adult at the delivery address who can accept the order on behalf of the person who placed the order
if the delivery is to be made on a day after the order was taken, in accordance with the customer’s instructions (such as delivery to another address).

Know who can accept alcohol deliveries

Information for licensees, staff, couriers, and adults

A person under the age of 18 years cannot accept delivery of alcohol sold online, by phone, fax or mail order.

If alcohol is delivered to a person under 18 years of age, an on-the-spot penalty of $1,100 or a court fine of up to $11,000 and/or 12 months imprisonment can apply to both the licensee and any person who delivered the alcohol on the licensee’s behalf.

If a licensee is prosecuted for this offence, a defence is only possible if it can be proven that the licensee:

complied with the requirements for alcohol sales via the internet, phone, fax or mail order by obtaining the purchaser’s date of birth and giving the written instructions referred to above to the deliverer of the alcohol
at the time of the alleged offence, the licensee did not know, and could not reasonably be expected to have known, that the alleged offence was committed.

If the person who delivers the alcohol is prosecuted for this offence, a defence is only possible if it can be proven that:

the person who received the alcohol from the deliverer was at least 14 years of age
before the alcohol was delivered, that person produced a reasonable evidence of age document proving they were at least 18 years of age
at the time of the alleged offence, the deliverer did not know, and could not reasonably be expected to have known, that the alleged offence was committed.

Adults cannot ask children to accept deliveries

A person under 18 years of age must not take delivery of any alcohol sold online, by phone, fax or mail order. An on-the-spot penalty of $220 or a court fine of up to $2,200 applies.

This offence does not apply to an underage person who is ordered or requested by his or her parent or guardian to take delivery of the alcohol. However, parents, guardians or other adults must not ask a person under 18 years of age to take delivery of alcohol ordered online or by phone, fax or mail order. An on-the-spot penalty of $330 or a court fine of up to $3,300 applies.

Checklist for licensees who sell alcohol online, by phone, fax or mail order

Make sure you put the compulsory notice on your website.
Display your licence number on your website.
Put your liquor licence number in any relevant electronic or print advertisement if you sell alcohol online, by phone, fax or mail order.
Confirm the date of birth for all customers – they must be at least 18 years of age.
Keep a record of the customer’s date of birth – otherwise you will have to get it when they make another order.
Give written instructions to the person responsible for delivering the alcohol. The written instructions must require the alcohol to be delivered:

to the adult who placed the order (include their name in the instructions)
to another adult at the delivery address who can accept the order on behalf of the person who placed the order
if the delivery is made on a day after the sale was made through an internet site, in accordance with the customer’s instructions (such as delivery to another address).

Checklist for couriers and delivery people

Get written instructions from the licensee on how the liquor is to be delivered.
Do not deliver the alcohol to a young person aged under 18 years.
Ask for proof of age documentation if you think the person accepting delivery might be under 18 years of age (to be safe it is a good idea to check for proof of age where the person appears to be under 25 years of age).
Do not deliver the alcohol to empty premises until at least the day after the customer orders the liquor.