Skip to content

Does a BYO Restaurant in NSW Need a Liquor Licence?

If you operate a BYO restaurant in New South Wales, you do not need a liquor licence. However, you may still need approval from your local council. Furthermore, similar to a licensed restaurant, you must also ensure the responsible use of alcohol, including preventing service to minors. This article explains your obligations when serving alcohol in a New South Wales BYO restaurant.

Check With Your Local Council

In NSW, a liquor licence is not required to operate a BYO restaurant. However, your local council may still require you to obtain development or building approvals. Before signing a restaurant lease, check with your council and ensure that you receive all necessary approvals.

Other states will have their own requirements. For example, BYO restaurants in Victoria must obtain a BYO permit.

Encourage Responsible Use of Alcohol

Even though running a BYO restaurant means that you do not need a liquor licence, you still have similar overall responsibilities as licensed restaurants. Liquor and Gaming NSW states that you must minimise liquor abuse through the way alcohol is consumed on your premises. For example, you should:

  • provide water to all patrons who consume alcohol;
  • discourage irresponsible drinking behaviours; and
  • have a plan for ejecting patrons who are intoxicated and disruptive.

Servers and waiters in a BYO restaurant do not need to have a responsible service of alcohol certificate or training. However, this is still a good idea, as it will ensure that your staff understand their legal obligations. 

Encouraging responsible use of alcohol also means that you will find it easier to acquire a liquor licence in the future. For example, if you decide that you would like to sell bottles of wine or spirits (even online), or if you would like to install a bar in your restaurant. In these cases, you will then need to obtain a liquor licence, even if the rest of the restaurant remains BYO.

Continue reading this article below the form
Loading form

Do Not Serve Alcohol to Minors

The laws prohibiting serving alcohol to a minor (anyone under 18) still apply to a BYO restaurant. For example, it is illegal for a waiter to serve alcohol to a minor who brought it in. The only person who may serve alcohol to a minor is their parent or guardian.

Furthermore, it is also illegal for a minor to drink alcohol in a BYO restaurant unless authorised by their accompanying parent or guardian. If an unaccompanied minor starts drinking alcohol in your restaurant, your staff must stop them. For example, by removing bottles at tables where unattended minors are present.

Key Takeaways

You do not need a liquor licence to operate a BYO restaurant in NSW. However, you still have a duty to serve alcohol responsibly. Therefore, you should ensure that your staff understand their legal obligations. In particular, they cannot serve alcohol to minors, even if those minors brought the alcohol into the restaurant themselves.

If you need further advice on operating a BYO restaurant, call LegalVision’s liquor licence lawyers on 1300 544 755 or fill out the form on this page.

Register for our free webinars

ACCC Merger Reforms: Key Takeaways for Executives and Legal Counsel

Online
Understand how the ACCC’s merger reforms impact your legal strategy. Register for our free webinar.
Register Now

Ask an Employment Lawyer: Contracts, Performance and Navigating Dismissals

Online
Ask an employment lawyer your contract, performance and dismissal questions in our free webinar. Register today.
Register Now

Stop Chasing Unpaid Invoices: Payment Terms That Actually Work

Online
Stop chasing late payments with stronger terms and protections. Register for our free webinar.
Register Now

Managing Psychosocial Risks: Employer and Legal Counsel Responsibilities

Online
Protect your business by managing workplace psychosocial risks. Register for our free webinar.
Register Now
See more webinars >
Lianne Tan

Lianne Tan

Read all articles by Lianne

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards