When customers attempt to purchase alcoholic beverages who decides whether the sale is legal or not near Melbourne VIC

★ Q: When customers attempt to purchase alcoholic beverages who decides whether the sale is legal or not?
  Buyer/Customer
  Seller/Server
  Friend of Customer

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Seller/Server


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Trade measurement laws regulate the retail and wholesale sale of alcohol.

If you sell beer, stout, ale, brandy, gin, rum, vodka, and whisky (or whiskey), you must sell at a price determined by volume.

If you sell alcohol in bottles, cans or casks, you must meet the pre-packaged goods requirements. 

Beer, stout and ale

If you sell beer on tap, this usually involves serving it in an approved batch-tested glass or jug: 

  • with the volume marked in millilitres (mL) or litres (L)
  • made from glass, acrylic or another approved material
  • with the capacity of a glass defined by either the brim or a capacity (Plimsoll) line
  • with the capacity of a jug defined by a capacity (Plimsoll) line.

All batch-tested products have been approved by the National Measurement Institute (NMI) under category 4/1/0D and:

  • checked by a servicing licensee
  • verified against NMI’s test procedures 
  • permanently marked or moulded with the manufacturer’s identification, the capacity and the batch testing mark.

Other vessels or containers

If you sell beer in non-verified or non-standard vessels or containers—such as mason jars, growlers or squealers—you must still sell it using accurate volume measurements.

If you’re not using batch approved glassware, you must advertise the actual capacity of the glass or container. You can do this using a:

  • printed or written menu clearly visible at the point of sale
  • receipt or swing tag on the bottle for takeaway containers.

Spirits

You must sell brandy (including cognac and armagnac), gin, rum, vodka or whisky (or whiskey) by reference to volume. This usually involves using an NMI-approved spirit measure. 

Spirit measures include:

  • thimble measures
  • egg cups
  • jiggers 
  • more complex dispensers that require verification by servicing licensees.

Simple spirit measures must be:

  • in capacities of 15 mL, 30 mL or 60 mL
  • marked with either batch-testing markings or a verification mark
  • made of a rigid or semi-rigid material.

Spirit dispensers must:

  • be of a pattern approved under categories 4/5/ or 5/6S/ and bear a verification mark applied by a servicing licensee
  • deliver fixed quantities of 15 mL, 30 mL  or 60 mL.

You must sell specified spirits by volume when you serve them with a mixer such as soft drink, milk or water.

Using spirit dispensers

If you sell alcohol using spirit dispensers, you must ensure that:

  • NMI has approved your type of dispenser and any attached modules (i.e. point of sale system) 
  • a servicing licensee has verified your dispenser and any attached modules
  • you and your staff use the instrument in the correct manner 
  • you keep the dispenser clean and in good working order
  • a servicing licensee verifies the dispenser after each repair or adjustment.

We recommend that you have all your dispensers checked regularly by a technician licensed by NMI (servicing licensee). For a list of servicing licensees, email .

Exemptions

You can use non-approved bottle-top or wall-mounted pourers for non-specified spirits, provided you do not state the volume served.

Spirits not specified in the regulations, including liqueurs, do not have to be sold by volume.

You do not need to use spirit measures when you mix these spirits with other spirits or alcoholic liquors to produce cocktails.

Wine

If you sell wine (unless pre-packaged), you do not have to sell it by volume. You may sell wine in an unmarked glass or carafe. If you do sell wine by volume, then that volume must be accurate.

Pre-packaged wine must adhere to all standard packaging requirements, except in relation to the position of the measurement marking.

Ginger Beer

Ginger beer does not have to be sold by volume and can be sold in unmarked glassware.

If you serve ginger beer in a batch-tested glass marked with a volume, or mention the volume in a menu, the quantity must match this amount.  

If ginger beer is served with ice, avoid confusion by letting customers know through the menu description or while serving it.

Regulating the sale of alcohol

The National Measurement Act 1960 and the National Trade Measurement Regulations 2009 regulate how you sell alcohol using measurement.

NMI employs trade measurement inspectors throughout Australia. We regularly inspect alcohol being sold to ensure that sellers are following the correct process.

If an inspector finds that you are short-measuring your customers, you could be fined up to $222,000 per offence.

Read more 

Contact us

To find out more about trade measurement laws or report a suspected breach contact the trade measurement helpline:

  • Email 
  • Phone 1300 686 664

When customers attempt to purchase alcoholic beverages who decides whether the sale is legal or not near Melbourne VIC

Last updated: 20 April 2022

Content ID: 52550

When customers attempt to purchase alcoholic beverages who decides whether the sale is legal or not? The seller/server. Though the customer needs to be honest about their age and ability to purchase the alcoholic beverages, it is the sellers responsibility to check that the person is actually eligible.

Who is considered a minor under the Texas alcoholic beverage Code?

under 21 years of age
DEFINITION. In this code, “minor” means a person under 21 years of age.

What is a good technique to use when trying to determine if a customer is intoxicated?

Techniques in determining the intoxicated customer:

  • Communication is the best technique to identify as drunkard person has certain changes in the mode when compared to the normal person.
  • Observing the suspected person for their behavior with others in the surrounding area.

How long after selling an alcoholic beverage to a minor first offense?

When you are caught violating the rules regarding the selling of alcoholic beverages to a minor, as a certificate holder, it will be revoked. For the first offense, you are allowed to enter a class and take the said exam again in order to be recertified and that would be within 30 days after the first offense is given.

Who is responsible for the absorption of alcohol?

Sellers of alcohol have a responsibility to protect _______. Once alcohol enters the mouth, _______ of it is immediately absorbed into the bloodstream. Which of the following is NOT a factor that affects absorption rate?

Which is not something you should do if the customer becomes abusive?

If the customer insists on driving and refuses all offers for alternative transportation, it is your obligation to notify _______. Which of the following is NOT something you should do if the customer becomes abusive?

Which is not a question you should consider while communicating with a customer?

When communicating with a customer, which of the following is NOT a question you should consider while your customer is speaking? Which of the following is NOT an obvious behavior clue? When should you leave intoxicated patrons alone?

What are establishments that sell alcoholic beverages packaged ” to go ” called?

Establishments that sell alcoholic beverages packaged “to go” are called: “Off Premicis” Responsible seller-servers of alcohol must know the law and their customers What else must seller-servers know?

Who is criminally negligent for selling alcohol to a minor?

in the visible presence of any adult parent or spouse. An employee of a beer store is criminally negligent and sells an alcoholic beverage to a minor. In accordance with ABC 106.02 and 106.03, both the employee and the minor have committed misdemeanor offenses.

How does a minor purchase an alcoholic beverage?

A minor wants to purchase an alcoholic beverage. The minor goes to a beer store, takes a six pack to the counter, and offers money to the clerk. When the clerk asks for identification, the minor leaves the beer and the store without saying anything to the clerk.

How old do you have to be to buy an alcoholic beverage?

purchases an alcoholic beverage for a minor. gives or makes available an alcoholic beverage to a minor with criminal negligence. In accordance with ABC 106.07, a minor commits an offense if he or she. falsely states that he or she is 21 years of age to be served an alcoholic beverage.