Drinking alcohol in a public place
The Liquor Act 1992 bans the drinking of alcohol in a public place. This includes roads, footpaths, parks and beaches but does not include public places where alcohol is consumed at the consent of the owner, such as a BYO restaurant or places covered by a liquor licence or permit.
The other exception to the ban is when a Council declares a ‘wet area’.
‘Wet areas’ are designated by your local council to allow the consumption of alcohol in a public place, normally for particular occasions such as a wedding in the park.
The Council may elect to designate a certain public place as a 'wet area' on an ongoing basis and nominate specific days and times when alcohol can be consumed.
If a Council does designate an area (eg. a park with barbecue facilities), it must advertise this decision in a local newspaper and signs must be erected to identify the park and specify the area, days and times for liquor consumption.
If, at a later date, the Council wishes to repeal or amend the designation for the area it must follow the same procedures.
Therefore if a park has been designated a 'wet area' and then the Council decides to limit this to weekends, the amendment must be advertised in the newspaper and the signs changed accordingly.
If the Council amends or repeals a ‘wet area’ and fails to advertise and you consume alcohol there without knowing that it is no longer a ‘wet area’ you are not guilty of an offence.
There are very few Council approved ‘wet areas’ in Queensland. Usually permission is granted for a festival or one-off occasion rather than a permanent ‘wet’ approval. For example, during the Birdsville Races, the local council declares two-three blocks around the Birdsville Hotel as a ‘wet area’ for the event because of the large number of people attending the races.
Applying to have an area designated ‘wet’
If you wish to consume liquor at a wedding, festival or similar event being held in a public place, you should apply to your local council to have the area declared ‘wet’ for the occasion.
Remember, though, having an area declared ‘wet’ does not rule out the need for a liquor licence or permit if you intend to sell or supply liquor to others, such as at a festival or fete. Go to the permits section of this website for more information.
Penalties
You can be fined $75 under the Act for drinking in a public place or $225 if you are a minor (under 18). Police Officers and Liquor Licensing Investigators can also issue an ‘on-the-spot’ fine of $75.
