Skip to content Skip to main navigation

Removing partial bottles of wine from restaurant in Canberra?

lealea 8 April 2012 27

I’m wondering if fellow rioters might be able to help me with a query – I have tried searching through the archives but can’t find related discussions.

We went out for dinner tonight to a restaurant that is licensed but also allows BYO. We ordered a bottle of wine but didn’t finish it – as there was a good half bottle left, we asked if we could have the cap so that we could take it home but were told that the liquor licence prohibited it.

I have been through the liquor act and subordinate legislation but cannot see anything that clearly substantiates this (although I will admit to not being a lawyer!).  As I didn’t have time to locate and read a copy of their licence, I am not sure if it might be a special condition.

My parents have never encountered this sort of problem in Queensland and it just seemed a little too coincidental that this wine could also be ordered by the glass.

Any thoughts/advice?


What's Your Opinion?


Please login to post your comments, or connect with
27 Responses to Removing partial bottles of wine from restaurant in Canberra?
Filter
Order
HenryBG HenryBG 2:48 pm 11 Apr 12

patrick_keogh said :

At a practical level let me suggest that as a customer the best thing to do is to not ask. Just cap the bottle, put it in your bag and leave. Most venues will not be too fanatical about policing the law, but sure as hell if you ask for permission they feel duty bound to say no. For all they know you may be a licensing inspector.

Yes. If you tell the restaurant you want their assistance in breaching the terms of their licence, then they really have to say no.
You can ask for your wine cap for a different purpose, and then you can use it as you see fit.

Jethro Jethro 10:57 pm 09 Apr 12

patrick_keogh said :

[
At a practical level let me suggest that as a customer the best thing to do is to not ask. Just cap the bottle, put it in your bag and leave. Most venues will not be too fanatical about policing the law, but sure as hell if you ask for permission they feel duty bound to say no. For all they know you may be a licensing inspector.

Well that was kinda my point.

Many of the criticisms seemed to be attacking the OP for daring to think they should be able to take their wine from the premises.

patrick_keogh patrick_keogh 9:57 pm 09 Apr 12

Jethro said :

Has anyone ever anywhere, in the history of everything, ever heard a report of a restaurant that does BYO and licensed liqour sales losing their liquor license because a customer walked out with a half drunk bottle of wine?

Whenever I read any story involving petty regulations that inhibit the daily lives of regular people, and then I read the plethora of people defending the regulations over the otherwise completely regular and law-abiding people put out by said regulations, I know I’m in a town inhabited by rule-bound bureaucrats.

Please make up your mind about whether you are criticising the law or the restaurant. The restaurant has to attempt to comply with the law as it stands, because yes indeed there have been venues successfully prosecuted for breaches of their licence in this way. The risk is too high to not attempt to comply. So if you as a customer ask “Can I?” of course they will say no. Wait till it is your house that is mortgaged when your business loses a licence to sell liquor before you suggest that venues should ignore the law.

As to whether the law should be changed, that is another matter. Speaking for myself I think that having different categories of liquor licence works pretty well, but this is a democracy and so you are welcome to a different opinion and to vote for politicians who might change it, so best of luck with that.

At a practical level let me suggest that as a customer the best thing to do is to not ask. Just cap the bottle, put it in your bag and leave. Most venues will not be too fanatical about policing the law, but sure as hell if you ask for permission they feel duty bound to say no. For all they know you may be a licensing inspector.

Jethro Jethro 8:46 pm 09 Apr 12

buzz819 said :

schmeah said :

That’s bulls*t

I went to a restaurant the other night, half finished a bottle of wine and walked out with it; didn’t even ask, and to hell with the cap.

You paid for it.

Who says they wont just hold it behind the bar and use the remainder for ‘glass’ purchases. Double dipping on your purchase.

Good, good, forcing the premises to breach their liquor licence.

I mean, it’s only fair, you get what you paid for and they could potentially have their liquor licence suspended, that’s good for business isn’t it?

The place also does BYO.

Has anyone ever anywhere, in the history of everything, ever heard a report of a restaurant that does BYO and licensed liqour sales losing their liquor license because a customer walked out with a half drunk bottle of wine?

Whenever I read any story involving petty regulations that inhibit the daily lives of regular people, and then I read the plethora of people defending the regulations over the otherwise completely regular and law-abiding people put out by said regulations, I know I’m in a town inhabited by rule-bound bureaucrats.

Alderney Alderney 5:24 pm 09 Apr 12

BimboGeek said :

You guys are silly…As for trying to bribe the chef with wine, anything that can be sold by the glass will be, but if the chef is invested in the business you may find him or her extremely unimpressed. It is also a bit rude to imply that the chef doesn’t take pride in his work unless you effectively steal him two bottles of wine!

You did read the bit about it being a movie didn’t you? Apparently, it’s called artistic license…

cranky cranky 4:00 pm 09 Apr 12

This seems crazy!

If you buy a bottle of wine from the restaurant, it becomes your property. Exactly the same as if you had arrived with a bottle purchased from the IGA next door, prior to entering the restaurant – the undrunk contents of which you can walk out with.

Methinks the law needs a review.

Genie Genie 3:37 pm 09 Apr 12

I’ve done this before. What are they going to do? Chase you to the carpark and wrestle you to the ground for half a bottle of shiraz?
Sometimes I think we’ve become a city of wimps.

I was once chased to the front door of a local club because I took my nieces barely drunk and sealed apple juice with me.

They forced me to throw it out.

buzz819 buzz819 3:26 pm 09 Apr 12

schmeah said :

That’s bulls*t

I went to a restaurant the other night, half finished a bottle of wine and walked out with it; didn’t even ask, and to hell with the cap.

You paid for it.

Who says they wont just hold it behind the bar and use the remainder for ‘glass’ purchases. Double dipping on your purchase.

Good, good, forcing the premises to breach their liquor licence.

I mean, it’s only fair, you get what you paid for and they could potentially have their liquor licence suspended, that’s good for business isn’t it?

milkman milkman 2:40 pm 09 Apr 12

schmeah said :

That’s bulls*t

I went to a restaurant the other night, half finished a bottle of wine and walked out with it; didn’t even ask, and to hell with the cap.

I’ve done this before. What are they going to do? Chase you to the carpark and wrestle you to the ground for half a bottle of shiraz?

Sometimes I think we’ve become a city of wimps.

SupaSal SupaSal 2:20 pm 09 Apr 12

My guess is that they have a liquor licence that does not allow them to sell ‘take away’ liquor which means that you cannot take a half drunk bottle away.

schmeah schmeah 12:56 pm 09 Apr 12

That’s bulls*t

I went to a restaurant the other night, half finished a bottle of wine and walked out with it; didn’t even ask, and to hell with the cap.

You paid for it.

Who says they wont just hold it behind the bar and use the remainder for ‘glass’ purchases. Double dipping on your purchase.

BimboGeek BimboGeek 11:11 am 09 Apr 12

You guys are silly. Of course an on-license forbids take-aways! And as for spitting in the bottle, that just makes you look like psychopaths because anything that was left with a customer is unclean and gets thrown out under oh&s.
As for trying to bribe the chef with wine, anything that can be sold by the glass will be, but if the chef is invested in the business you may find him or her extremely unimpressed. It is also a bit rude to imply that the chef doesn’t take pride in his work unless you effectively steal him two bottles of wine!

Postalgeek Postalgeek 11:01 pm 08 Apr 12

So the moral of the story is carry your own cork?

burkes08 burkes08 7:59 pm 08 Apr 12

If the establishment doesn’t have an ‘off licence’ they can’t provide liquor in a sealed container to take away from the premises. Thats why at most big events they have to open cans etc when you buy them.

http://www.legislation.act.gov.au/a/2010-35/current/pdf/2010-35.pdf

74Daizies 74Daizies 7:09 pm 08 Apr 12

What restaurant was it??
I agree, you should have spat in the bottle….

joh8754 joh8754 4:06 pm 08 Apr 12

It’s to do with the type of licence the premises has, I suspect.
The Liquor Act 2010 states that there are 5 types of licenses that premises can apply for.

An on licence is a licence that authorises the licensee to sell liquor at a single licensed premises; and in OPEN containers for consumption AT the premises; and at the licensed times. Examples of this are bar licenses, nightclub licenses and restaurant and cafe licenses.

An off licence a licence that authorises the licensee to sell liquorat a single licensed premises; and in SEALED containers for consumption OFF the premises; and at the licensed times. An example of this would be bottle shops.

As I mentioned, there are five types of licenses, but for the example provided in the OP, I suspect the above is the reasoning you’re after. Premises who are seen in contravention of the type of licence they have, ie, the restaurant allowing you to ‘remove the bottle for drinking off the premises’, may end up with being penalised.

RoyBatty RoyBatty 3:48 pm 08 Apr 12

You should have spat in it when you conceded it 🙂

bd84 bd84 3:30 pm 08 Apr 12

The restaurant is correct, unless the premises have a take away alcohol licence aka an “off-licence”, the liquor must remain on the premises. This is also why you cannot take your glass of beer from a pub. It also works the other way where you cannot consume alcohol you buy from a bottle shop within 500m of those premises as the licence states that the alcohol cannot be consumed on site.

Jack out of the box Jack out of the box 3:15 pm 08 Apr 12

That would be “five types *of* licence”. Sorry pedants, I had a tiny keyboard/screen moment.

Jack out of the box Jack out of the box 3:10 pm 08 Apr 12

There are five types licence provided for under the Liquor Act: general, on, off, club and special (see div 2.1). An ‘on licence’ is so named because it permits the sale of liquor for consumption on the premise. Most resteraunts would hold an on licence, although they could possible hold a ‘general licence’ (allowing for sale of liquor for consumption both on and off the premise).

Assuming that the resteraunt holds an on licence, which is most likely the case, they are only permitted to sell liquor for consumption on the premise and therefore couldn’t have allowed you to take for consumption elsewhere any of the undrunk wine. If you had brought your own bottle that you had purchased elsewhere you should have been free to take it away with you if you didn’t finish it at the resteraunt.

CBR Tweets

Sign up to our newsletter

Top
Copyright © 2020 Region Group Pty Ltd. All rights reserved.
the-riotact.com | riotact.com.cn | aboutregional.com.au | b2bmagazine.com.au | thisiscanberra.com

Search across the site