Where supply occurs if off-premises request made
3B Where supply occurs if off-premises request made
For the purposes of this Act, if liquor is provided to a person who was not on licensed premises at the time the person ordered the liquor, the supply of the liquor to the person occurs at the place where the liquor provided was appropriated to the person's order.
Examples to s. 3B substituted by Nos 64/2014 s. 41, 28/2022 s. 147.
Examples
1 A customer requests the home delivery of a carton of beer by phone from the manager of premises licensed to supply liquor for consumption off the premises. The customer pays for the beer by providing credit card details over the phone. The manager selects the beer from the fridge and a staff member delivers the beer to the customer's house. In this scenario the beer is supplied to the customer at the fridge because that is where it was appropriated to the customer's request.
2 A customer requests a home delivery of a carton of beer from the licensee of a remote seller's packaged liquor licence. The licensee does not have a retail premises open to the public and the licensee's licensed premises is a warehouse where liquor is stored. The customer places and pays for the request online. A staff member of the licensee selects the beer from the licensee's warehouse and packs it into a box for delivery. In this scenario the beer is supplied to the customer at the warehouse because that is where it was appropriated to the customer's request.
S. 3C inserted by No. 49/2021 s. 5, repealed by No. 28/2022 s. 148.
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S. 4 amended by No. 59/2009 s. 5(3) (ILA s. 39B(1)).
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