The NSW government is proposing reforms and new laws regarding online alcohol sales.
The proposed reforms will consider creating a range of new offences including supplying alcohol to intoxicated people, failing to verify the age of online customers and delivering outside bottle shop trading hours.
The proposed reforms would result in NSW having the highest standards in the country.
NSW Customer Service Minister Victor Dominello said that in 2017/18 online alcohol sales in Australia were worth about 4% of total liquor sales and annual growth in online sales between 2018 and 2023 is expected to double.
"Online alcohol sales have grown significantly in recent years, in line with customer demand for other food and beverage delivery services," Dominello said.
"COVID-19 restrictions on pubs and clubs have also boosted this segment of the market.
"The reforms will target the risks of express delivery including alcohol being delivered to minors and intoxicated people, with new obligations imposed for same-day delivery providers.These obligations will ensure deliverers receive training in responsible delivery of alcohol.
"For the first time, people selling alcohol for same-day delivery will have an explicit obligation to verify that the person placing the order is over 18 years," Dominello said.
"In a world where you can now get alcohol delivered to your door in under 30 minutes, we need to ensure best practice harm minimisation is adhered to in all circumstances.
Liquor and Gaming has been working with the industry to enforce existing laws and ensure unlicensed providers can't post alcohol delivery services online. The changes are part of the Berejiklian government's proposed 24-hour economic reforms which are open for public consultation.
Retail Drinks Australia collaborates on reforms
Retail Drinks has taken an active leadership role in the development of best-practice regulations in the online alcohol delivery space, most notably with the launch of its Online Alcohol Sale and Delivery Code of Conduct in January this year.
"We are currently working in close collaboration with the NSW Government around the proposed reforms to the state’s same day alcohol delivery laws to ensure that these changes are fit for purpose and act an effective deterrent to irresponsible alcohol deliveries," Retail Drinks said.
Retail Drinks’ Online Code, which covers more than 80% of all online alcohol deliveries in Australia, already prohibits same day unattended alcohol deliveries, as well as any deliveries to minors or intoxicated persons. Signatories to the Code, which includes both retailers and delivery agents, have safeguards embedded in their apps, procedures and systems which specifically prevent alcohol deliveries to minors or intoxicated persons.
"We are pleased that the proposed reforms already largely reflect many of the provisions within the Retail Drinks Code and we look forward to providing feedback to the NSW Government on how the Code and the regulations can work effectively in tandem to provide a robust framework for responsible alcohol delivery across the sector," Retail Drinks added.
VicHealth demands tougher alcohol delivery laws
The NSW reforms follow claims by the CEO of VicHealth, Dr Sandro Demaio, that "alcohol delivery services were acting like cowboys in Victoria, and it was time to rein them in".
Its survey of 1700 people has shown that a third of respondents received alcohol without having their IDs checked. It also found that 71% of weekly users reported regularly getting orders delivered when drunk.
However, Retail Drinks CEO Julie Ryan said that a significant proportion of the respondents in the VicHealth survey had used popular app Airtasker to source alcohol for delivery, which not only violates Airtasker’s own terms of use, but also amounts to illegal secondary supply of alcohol.
“The VicHealth survey states in section 2 that ‘over a quarter of respondents have sourced alcohol using Airtasker’.
“Clearly, a large percentage of the problematic alcohol deliveries in the VicHealth survey were through this illegal supply, and so VicHealth have unfairly demonised responsible online alcohol delivery companies by tarnishing all operators with the same brush.
“As a result, the survey is littered with claims that are blatantly false. For instance, the study accuses reputable companies of leaving alcohol unattended for express deliveries which their apps do not even allow. A cursory review of any of these retailers’ websites will tell you that which means that there was no diligence done on the veracity of these survey results.
“In making such spurious claims, VicHealth have also ignored the fact that these retailers have proactively demonstrated best-practice by becoming Signatories to Retail Drinks’ Online Alcohol Sale and Delivery Code of Conduct.
“In abiding by the Code, these businesses are adopting responsibility measures in online alcohol delivery which go far above and beyond anything required anywhere in Australia.
“Code Signatories have a range of safeguards embedded in their apps, procedures and systems that prevent the sale of alcohol to minors or persons who are intoxicated, and their compliance with these Code standards is independently audited.
“All Code Signatories hold a liquor license which requires them to ensure responsible sale and supply, and that they invest in appropriate home delivery RSA training for their drivers.”
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