18CLicence conditions—supply of liquor if off-premises request made

18C Licence conditions—supply of liquor if off-premises request made S. 18C(1) amended by No. 28/2022 s. 157(2)(a). (1) It is a condition of every licence that authorises a licensee to supply liquor to a person who makes an off-premises request that the licensee— (a) displays the licensee's liquor licence number prominently— (i) on its website or any other online platform or interface through which liquor can be ordered; and S. 18C(1)(a)(ii) amended by No. 28/2022 s. 157(2)(b). (ii) in any promotional or advertising material in relation to off-premises requests; and S. 18C(1)(b) amended by No. 28/2022 s. 157(2)(c). (b) displays any notice that the Commission requires the licensee to display on its website or any other online platform or interface through which liquor can be ordered or which directs customers to making an off‑premises request; and S. 18C(1)(c) amended by No. 28/2022 s. 157(2)(d). (c) provides instructions to the person responsible for the delivery of liquor made by an off-premises request that delivery must occur— (i) in the case of a full club licence, before 11 p.m. only; or (ii) in any other case, within ordinary trading hours only; and (d) complies with the requirements of subsections (2) to (4); and (e) complies with any other prescribed requirements in relation to the matters referred to in paragraphs (a) to (d). S. 18C(2) amended by No. 28/2022 s. 157(3)(a). (2) Unless subsection (3A) applies, the first time a licensee supplies liquor to a person who makes an off-premises request, the licensee must— S. 18C(2)(a) amended by No. 28/2022 s. 157(3)(b). (a) require that person who makes the off‑premises request confirm that they are of or over the age of 18 years; and (b) in addition to subsection (1)(c), provide instructions to the person responsible for delivery of the liquor that— S. 18C(2)(b)(i) amended by No. 28/2022 s. 157(3)(c). (i) the liquor must only be delivered to the person who made the off-premises request; and S. 18C(2)(b)(ii) amended by No. 28/2022 s. 157(3)(c). (ii) the person who made the off-premises request must be present at the time that the liquor is delivered; and S. 18C(2)(b)(iii) amended by No. 28/2022 s. 157(3)(c). (iii) the person responsible for the delivery must verify the age of the person who made the off-premises request by requiring the person to produce an evidence of age document; and (c) comply with any other prescribed requirements in relation to the matters referred to in paragraphs (a) and (b). S. 18C(3) amended by No. 28/2022 s. 157(4). (3) Subsection (2) does not apply to subsequent off‑premises requests made by the same person. S. 18C(3A) amended by No. 28/2022 s. 157(5). (3A) If an off-premises request is made by a person for liquor to be delivered to another person as a gift, the licensee must— (a) require that the person who placed the order confirm that the person is of or over the age of 18 years; and (b) require that the person who placed the order confirm that the order is to be delivered to another person as a gift and that the recipient of the gift is of or over 18 years; and (c) obtain the name and address of the recipient of the gift; and (d) provide instructions to the person responsible for the delivery of the liquor that— (i) the liquor must only be delivered to the recipient of the gift or a person of or over the age of 18 years who is present at the address provided under paragraph (c); and (ii) the person responsible for the delivery must verify the age of the recipient of the gift or the person present at the address provided under paragraph (c) by requiring that person to produce an evidence of age document; and (e) comply with any other prescribed requirements. S. 18C(4) amended by No. 28/2022 s. 157(6)(a). (4) If the licensee has previously supplied liquor to a person who made an off-premises request that was not a gift supplied in accordance with subsection (3A), and that same person places a subsequent off-premises request, the licensee must— S. 18C(4)(a) amended by No. 28/2022 s. 157(6)(b). (a) obtain instructions from the person who made the off-premises request in relation to where to leave the liquor if that person is not present at the time that the liquor is delivered; and S. 18C(4)(b) amended by No. 28/2022 s. 157(6)(c). (b) provide the instructions obtained from the person who made the off-premises request to the person responsible for delivery of the liquor; and (c) instruct the person responsible for delivery of the liquor that the liquor is only to be delivered in accordance with the instructions provided; and (d) comply with any other prescribed requirements in relation to the matters referred to in paragraphs (a) to (c). S. 18D inserted by No. 49/2021 s. 17.