Dickson Liquor and Scullin Supermarket busted selling booze to kids

Mordd said :

1. The notice on the store specifically stated a liquor offence and mentioned nothing about a tobacco offence – again I have photos of the notice that show this. Why the owner would tell me it was only an alchohol offence and not tobacco I do not know, I was just passing on what I saw myself pasted on the premises while it was closed and what the owner told me when I asked him.

2. I have been paid for alcohol I have purchased at Coles supermarkets and Bottleshops such as Dan Murphy’s etc… by staff who have admitted they are under 18 and who I have even joked with that I should be asking them for ID. It is quite obvious that these very large companies are not breaking the law by having staff under 18 process payment for liquor sales or I imagine Liquor Licensing would be all over the issue no?

Mordd, I will try and spell out the finding for you, photo or not.

The ACAT found that they had breached their Liquor Licence, by serving alcohol to minors, for this they had to shut. The ACAT also found they had breached their Tobacco Licence, by selling cigarettes to minors, they were given an infringement notice for this. Do you get it now, or do I have to spell it out clearer?

1. The notice on the store specifically stated a liquor offence and mentioned nothing about a tobacco offence – again I have photos of the notice that show this. Why the owner would tell me it was only an alchohol offence and not tobacco I do not know, I was just passing on what I saw myself pasted on the premises while it was closed and what the owner told me when I asked him.

2. I have been paid for alcohol I have purchased at Coles supermarkets and Bottleshops such as Dan Murphy’s etc… by staff who have admitted they are under 18 and who I have even joked with that I should be asking them for ID. It is quite obvious that these very large companies are not breaking the law by having staff under 18 process payment for liquor sales or I imagine Liquor Licensing would be all over the issue no?

I could serve the alcohol at 16 but had to be 18 to sell it – so could serve wine/beer/whatever when working in a restaurant but could not finalise the bill while under the age of 18

SupaSal said :

I can tell you that you must be 18 to sell them – I was able to serve alcohol at 16 with an RSA turned 18 and was able to sell it. I am an RSA trainer and to sell you must have an RSA – amny smaller sellers get away with it cos they use their bosses names etc…

In the ACT you don’t currently have to have an RSA to serve alcohol, that law was introduced in the Liquor Act 2010, and comes into being 1 July this year.

As for the 16 year old thing, I don’t get if you missed out some words, or what, what is it that you mean?

I can tell you that you must be 18 to sell them – I was able to serve alcohol at 16 with an RSA turned 18 and was able to sell it. I am an RSA trainer and to sell you must have an RSA – amny smaller sellers get away with it cos they use their bosses names etc…

TheDancingDjinn said :

buzz819 said :

SupaSal said :

Actually you will find that you cannot SELL Tabacco/Liquor in the ACT until you are 18. Liquor can be SERVED by someone who is 16 say a waiter/ress but they cannot process the payment.

You also must have you RSA (Responsible Service of Alcohol) to sell or Serve Alcohol.

Well no…

It is only an offence to sell alcohol while being under age when you are in an adults only area ie. night club, adult’s only area in a pub etc. So in supermarkets, restaurants, liquor stores it is legal. Section 118 of the Liquor Act 2010.

Also currently in the ACT you do not have to have an RSA to serve alcohol, that law comes into affect July 1 this year.

As a former woolworths employee, you are not allowed behind the ciggy counter or the booze counter if you are under 18 – the managers get pretty strict with that. If you are under 18 you cannot sell it or buy it.

Big difference between the law and store policy though,

buzz819 said :

SupaSal said :

Actually you will find that you cannot SELL Tabacco/Liquor in the ACT until you are 18. Liquor can be SERVED by someone who is 16 say a waiter/ress but they cannot process the payment.

You also must have you RSA (Responsible Service of Alcohol) to sell or Serve Alcohol.

Well no…

It is only an offence to sell alcohol while being under age when you are in an adults only area ie. night club, adult’s only area in a pub etc. So in supermarkets, restaurants, liquor stores it is legal. Section 118 of the Liquor Act 2010.

Also currently in the ACT you do not have to have an RSA to serve alcohol, that law comes into affect July 1 this year.

As a former woolworths employee, you are not allowed behind the ciggy counter or the booze counter if you are under 18 – the managers get pretty strict with that. If you are under 18 you cannot sell it or buy it.

SupaSal said :

Actually you will find that you cannot SELL Tabacco/Liquor in the ACT until you are 18. Liquor can be SERVED by someone who is 16 say a waiter/ress but they cannot process the payment.

You also must have you RSA (Responsible Service of Alcohol) to sell or Serve Alcohol.

Well no…

It is only an offence to sell alcohol while being under age when you are in an adults only area ie. night club, adult’s only area in a pub etc. So in supermarkets, restaurants, liquor stores it is legal. Section 118 of the Liquor Act 2010.

Also currently in the ACT you do not have to have an RSA to serve alcohol, that law comes into affect July 1 this year.

Actually you will find that you cannot SELL Tabacco/Liquor in the ACT until you are 18. Liquor can be SERVED by someone who is 16 say a waiter/ress but they cannot process the payment.

You also must have you RSA (Responsible Service of Alcohol) to sell or Serve Alcohol.

Mordd said :

Actually the part about Scullin supermarket is wrong. The notice posted by Liquor Licensing on the store for the 2 days it was closed specifically stated they had “Sold liquor to a person/persons under the age of 18 by an employee” (or similar – i have photos of the notice). I have also spoken with the owner since and he confirmed the offence was alcohol related not tobacco related.

What I think is crazy in the ACT though is that someone under the age of 18 can legally work as an employee selling Tobacco or Liquor and be expected to enforce 18+ legislation, how on earth people can think that someone under the age of 18 is fine to sell 18+ restricted products is beyond me though. Starting to get a bit sick of 16yr old sales staff asking me for my ID when im 30 and look it too, and then seeing them sell stuff to people who look a LOT younger than me without asking them for ID… go figure.

Sooo… Your saying that this court decision must be a lie;

On 6 December 2011, the A.C.T Civil and Administrative Tribunal (ACAT) found that tobacco licensee Netenterprise Pty Ltd trading as Scullin Supermarket and Liquor had contravened section 14(1) of the Tobacco Act 1927. This was on the basis that the licensee sold a smoking product to an underage person (a 17 year old female) on 11 February 2011 and was reckless about whether the person was underage.

Due to the contravention, ACAT determined that there were grounds for occupational discipline. There were no previous breaches of the Tobacco Act 1927 by the tobacco licensee. ACAT ordered that the licensee pay a penalty of $750 to the Territory and that the licensee enter into undertakings for a period of 2 years.
(http://www.ors.act.gov.au/publications/court_decisions#netenterprise)

Or maybe you did not realise that a premises can be found to have committed an offence under two totally different act. The notice they provided stated that they had to be shut due to the Liquor Act breach, which is correct, they only had to pay a sum of money for the Tobacco Act breach.