New laws for same day alcohol delivery

New laws for same day alcohol delivery providers take effect from 1 July. The laws apply to licensed businesses that supply alcohol for same day delivery in New  South Wales or businesses that outsource delivery to an employee or agent for the supply of alcohol on the same day it is purchased.

From 1 July, same day delivery providers must:

Ensure the delivery person is provided with written instructions from the licensee detailing the adult specified to receive the delivery.

Employees and delivery agents must not be financially penalised for not completing a delivery no matter whether it is because they think the recipient is under-18, intoxicated or if delivery is refused because the recipient’s details don’t match the written delivery instructions.

Same day delivery providers must:

• keep records of refused deliveries for a year
• provide a facility for customers to self-exclude from the alcohol delivery provider and
• reject any orders from someone who has self-excluded.

Providers must ensure that systems are in place for those making deliveries to be able to check the identity and age of the recipient when they make the delivery. Providers must also collect sales and delivery data to report to Liquor & Gaming NSW.

From Wednesday, providers, employees and agents making the deliveries must:

• verify the age of the delivery recipient
• only deliver to the adult specified in the written instructions and ensure that the adult recipient signs a declaration stating their name and that they are over 18 years of age
• not deliver alcohol to an intoxicated person
• record when a delivery is not made because the recipient may be under 18, is intoxicated or if the recipient’s details don’t match the written delivery instructions
• not deliver alcohol in a public place in an alcohol-free zone, prohibited or restricted area and
• not deliver alcohol between midnight (or 11.00pm on Sunday) and 9.00am.

New South Wales' laws are intended to help the online sale of alcohol remain safe, responsible and lawful.

Training material will be available from Thursday on the Liquor & Gaming NSW website.

By 1 December 2021, all same day alcohol delivery people must have completed the approved Responsible Supply of Alcohol Training (RSAT) and knowledge assessment and by 21 January 2022, delivery providers must start reporting data on same day deliveries to Liquor & Gaming NSW, with the initial report to cover the 1 July to 31 December period.

In May, the International Alliance for Responsible Drinking released its global outlines for introducing safeguards to prevent alcohol deliveries to minors and intoxicated persons. The Global Standards looked to Australia's Retail Drinks who in 2019 were the first to establish standards of responsibility around online delivery within an Australian context and by Endeavour Group who were invited to work with the IARD in January this year. Coles signed up to be a part of the IARD in May this year, joining existing partners counts Diageo, Asahi, Brown-Forman, Pernod Ricard, Beam Suntory and William Grant and Sons among its members.