In Australia’s hospitality scene, the spotlight isn’t just on patrons—it’s also on the people behind the bar. As a bar owner, you have a legal responsibility to ensure your staff are not working while under the influence of alcohol. Failing to do so can lead to hefty fines, damaged reputations, and even lost licences.
Here’s what you need to know to stay compliant, keep your venue safe, and protect your staff and patrons alike.
Understanding your legal responsibilities
Bar owners and licensees across Australia are required to maintain a safe and responsible environment under Responsible Service of Alcohol (RSA) laws. This duty extends beyond patrons—it includes your staff.
If an employee is intoxicated while on duty and causes an incident or serves alcohol illegally, the liability falls on you as the employer. In Victoria, for instance, the Liquor Control Reform Act 1998 states that intoxicated persons must not work in licensed venues.
What the laws say: state by state
The rules vary slightly across the country, but the message is consistent—alcohol safety starts with staff.
Victoria
Under the Liquor Control Reform Act 1998, it's an offence for licensees to allow intoxicated persons to work on licensed premises. Employers must ensure staff are fit for duty and not under the influence during work hours.
New South Wales
The Liquor Act 2007 prohibits licensees from permitting intoxicated persons to remain on licensed premises. Staff must be trained to identify signs of intoxication and take appropriate action, as outlined in the Intoxication Guidelines.
Queensland
According to the Liquor Act 1992, it's an offence to supply alcohol to unduly intoxicated persons. Licensees must ensure staff are trained in Responsible Service of Alcohol (RSA) and monitor for signs of intoxication. Penalties for supplying alcohol to intoxicated persons can be as hefty as $80,000 to be borne by the licensed venue.
Western Australia
Under the Liquor Control Act 1988, it's illegal to sell or supply alcohol to a drunken person. Licensees and staff must refuse service to anyone showing signs of intoxication. More information can be found on the Department of Local Government, Sport and Cultural Industries website.
South Australia
The Liquor Licensing Act 1997 makes it an offence to sell or supply alcohol to an intoxicated person. Licensees and staff must be vigilant in identifying and managing intoxicated individuals. The Intoxication Guidelines provide further details.
The cost of non-compliance
If a staff member is found to be intoxicated while working, the consequences for the business can be severe:
- Fines in the thousands
- Suspension or cancellation of liquor licences
- Legal action if an intoxicated staff member causes harm
- Public backlash and reputational harm
Recommended solutions for bar owners
One of the most effective ways to stay compliant is to implement on-site alcohol testing policies for staff. This is especially helpful in high-pressure or late-night environments where alcohol exposure is constant.
Consider using the Andatech Prodigy S Print Pack, a workplace breathalyser designed for hospitality venues:
✅ Reliable and accurate – Fuel cell sensor delivers precise results
✅ Instant reporting – Built-in printer logs test results on the spot
✅ Easy to use – Intuitive interface suitable for shift supervisors
✅ Certified to Australian Standards
LEARN MORE: Best breathalysers for bars, clubs and events
Collaborate with experts
Not sure where to start? Partner with Andatech for expert advice and certified equipment. We offer:
- Free consultation and support
- Certified workplace breathalysers
- Flexible solutions for hospitality and events
Let us help you reduce risk and uphold a strong culture of safety in your venue.
