January 9, 2013
The Office of Liquor and Gaming Regulation has warned that the unlicensed sale of liquor on eBay is illegal, and sellers without the correct licence are likely to face prosecution.
The maximum penalty for illegally selling liquor online is up to $55,000 for a first offence, and penalties of up to $110,000 and 18 months imprisonment may apply for subsequent offences.
In the first case of its kind, OLGR prosecuted an Ormeau man in Southport Magistrates Court for illegally selling 21 bottles of liquor on eBay. The Magistrate convicted and fined him $300.
A Norman Park man was also prosecuted for selling 14 bottles of liquor on eBay, and was convicted and fined $1000 in the Brisbane Magistrates Court.
A State Government spokesman said that in light of the size of the fines which could apply, it was important people were aware that they need a licence or permit to sell alcohol online, including on sites like eBay, or they will be in breach of the Liquor Act 1992.
This includes “collector” items, such as limited edition or special numbered bottles of spirits.
Using a liquor licence number which is not the seller’s on an eBay listing — even if it is a legitimate number (with or without the licensee’s permission) — does not make the sale legal.
In addition, advertising a bottle for sale with the alcoholic contents as a free addition does not circumvent the law.
Magistrates are setting penalties to deter would-be eBay liquor sellers from deceiving buyers into thinking they are buying from legitimately licensed liquor sellers.
The OLGR is continuing investigations into other instances of illegal online sales.
