Alcohol and the law

Contributed by SheetalBalakrishnan, as amended by EmmaHenke and current to February 2026

The law regulates the way that alcohol is provided and consumed in the NT.

This section contains only information that relates to the way alcohol can be sold and consumed, and police powers with respect to drunkenness. The Handbook contains other information about alcohol, as follows:

• alcohol and driving: see Traffic offences ;
• young people and alcohol: see Children's rights and responsibilities .

Liquor licences

Defining Liquor

Liquor is defined in the Liquor Act 2019 (NT) (‘LA’) as a beverage that contains more than 1.15 per cent by volume of ethyl alcohol [LA s 6].

Liquor Commission and Director of Liquor Licensing

The Liquor Commission (the Commission) and the Director of Liquor Licensing (the Director) regulate the sale of alcohol.

The Liquor Commission is an independent statutory authority who, using their powers derived from the LA, regulates liquor licensing in the NT, including approving applications and determining complaints.

The Director is a statutory appointment [LA s 9]. The Director’s powers and functions are set out in the LA and Liquor Commission Act 2018 (NT) and include issuing infringement notices and approving alterations to licensed premises. The Director can participate in proceedings before the Liquor Commission and decisions of the Director can be appealed to the Liquor Commission, the NT Civil and Administrative Tribunal or the NT Supreme Court. The Director can delegate their powers and functions to a public service employee with the requisite qualifications or experience [LA s 11]. References to ‘the Director’ in this chapter refer to the Director or their delegate.

Applying for liquor license

Under the LA, in most cases a liquor licence is required to sell, supply or serve alcohol [LA s 42]. The situations where a license is not required are outlined in s 43 of the LA.

A person or corporation (within the meaning of the s 57A of the Corporations Act 2001 (Cth)) who wishes to sell alcohol has to apply to the Commission for a licence or authority [LA s 52].

It is a criminal offence to sell alcohol without a licence, punishable by 300 penalty unitsor 3 years imprisonment [LA s 45]. It is a criminal offence to serve or supply alcohol without a licence, punishable by 200 penalty units or 2 years imprisonment [LA s 46].

A licence only authorises a person or corporation to sell, supply or serve liquor in accordance with the particular authority or authorities they have been issued in conjunction with the licence [LA s 42(2)].

There are different liquor license authorities for, for example, casinos, community events and grocery stores. The different types of authority and the conditions attached to each authority type are stipulated by s 47 of the LA and the Liquor Regulations 2019 (NT)(‘LR’).

The Commission may only issue a license or authority if they are satisfied that the applicant is a fit and proper person and that the issuing of the license or authority is in the public interest and will not have a significant adverse impact on the community [LA s 49]. The onus is on the applicant to satisfy the commission that issuing of the licence or authority is in the public interest and will not have a significant adverse impact on the community [LA s 51]. Within 14 days of receiving an application, the Director must provide the applicant a written notice that explains the public notice requirements and gives directions on any changes to the applicant’s draft public notice that they to require be made [LA s 57 (1)]. Unless the Director exempts the applicant from the public notice requirements [LA s 57(2)], the applicant must post a public notice at the proposed premises and any other places the Director considers necessary within 28 days of receiving the written notice from Director [LA s 57(3)].

Objections to applications for a liquor licence

Applications for a licence or authority, to vary a licence or authority or to alter a licensed premises can be objected to by members of the public who fall into a category specific by the Act, for example, persons residing or working in the neighbourhood of the premises, local council of the premises or an employee of the police force [LA s 61(4)].

Objections may only be made on the ground that the granting of the licence would adversely affect [LA s 61(2)]:

• the amenity of the neighbourhood; or
• health, education, public safety or social conditions in the community.

Complaints against a licensee

A person can make a complaint against a licensee for unlawful conduct [LA s 160]:

• serving intoxicated persons;
• serving a child; or
• breaching a condition of the licence.

Complaints should be made in the approved form by email, mail or in person, specify the ground for the complaint, be signed by the complainant and lodged with the Director [LA s 160(2)]. The Director makes a decision to accept or refuse the complaint [LA s 161] and if accepted, the licensee is to be provided notice of the complainant and an opportunity to respond [LA s 162].

The Director investigates the complaint and must take appropriate action, including dismissing the complaint, giving the licensee a formal warning or infringement notice [LA s 163]. The Director may refer the matter to the Commission for disciplinary action against the licensee, including varying, suspended or cancelling the license [LA ss 164 and 165].

Examples of unlawful conduct by licensees

The following conduct by licensees or their employees is unlawful, and could result in prosecution or a complaint that a licence has been breached:

• selling liquor to an intoxicated person [LA s 285];
• selling adulterated liquor [LA s 283];
• failing to comply with license conditions (e.g. hours of trading) [LA s 293];
• permitting indecent, violent, quarrelsome or riotous conduct to occur on licensed premises [LA s 284];
• permitting children to enter or remain in a prohibited areas of a licensed premises [LA s 299];
• selling liquor to a child [LA s 303];
• failing to exclude or remove a non-resident who is intoxicated, violent, quarrelsome, disorderly or incapable of controlling their behaviour [LA s 141]; or
• discriminating against a person in the provision of goods, services, and facilities on the basis of (amongst other things) race, sex, sexuality, age, impairment, or political opinion, affiliation or activity [LA s 140].

Controlled areas

Interim alcohol protected area

The operation of the Stronger Futures in the Northern Territory Act 2012 (Cth) (‘SFNT’) ceased on 17 July 2022. The term ‘interim alcohol protected area’ refers to any area that was deemed an alcohol protected area under the SFNT [LA s 170] unless the area’s declaration as an interim alcohol protected area was revoked by the Director or the area has been subsumed by a general restricted area [LA s 170A(4)].

Liquor is prohibited in an interim alcohol protected area [LA s 170A(1)]. A person who brings liquor in interim alcohol protected area or consumes, sells, supplies or serves liquor in an interim alcohol protected area commits an offence punishable by 200 penalty units or 12 months imprisonment [LA s 170B].

General restricted area

The Commission is empowered to declare a specific area of land a general restricted area in which liquor is prohibited [LA s 172]. The Commission makes this declaration by Gazette notice and must publish, within 28 days of the Gazette notice, the boundaries of the area, restrictions in the area and other relevant details of the general restricted area in a way determined by the Commission [LA s 178].

It is an offence to bring liquor into a general restricted area or possess, consume or supply liquor in a general restricted area, punishable by 200 penalty units.or 12 months imprisonment [LA s 173].

Approximately 100 restricted areas have been gazetted in the NT. Some of these cover remote communities, while others have been declared within the limits of larger towns. For example, there is no consumption of alcohol allowed in public areas in Katherine, Tennant Creek and Alice Springs.

Any person may apply to the Commission for an area to be declared a general restricted area [LA s 174].

Special restricted area

The Minister may, by Gazette notice, declare an area of land to be a special restricted area in the Minister thinks the declaration is urgently needed for the wellbeing of one or more communities in the vicinity of the area [LA s 182]. Currently the relevant minister would be the Minister for Alcohol Policy the Hon. Steven Edgington. The declaration must specify the boundaries of the area, restrictions of the area and when the declaration expires [LA s 182]. A declaration may be extended more than once [LA s 182(3)]. If the special restricted area included within its boundaries a portion of the general restricted area the operation of the general restricted area for that portion is suspended while the special restricted area is in place [LA s 182(6)]. The Minister must table a copy of the declaration of a special restricted area in the Legislative Assembly within 6 sittings days of making the declaration [LA s 182(7)], publish, within 28 days of the Gazette notice, the boundaries of the area, restrictions in the area and other relevant details of the special restricted area in a way determined by the Minister [LA s 184] and take all steps the Minister considers necessary to warn the public of the special restricted area before the declaration takes effect [LA s 186].

It is an offence to bring liquor into a special restricted area or possess, consume or supply liquor in a special restricted area, punishable by 200 penalty unitsor 12 months imprisonment [LA s 183].

Restricted premises

The Director may, on application, declare a residential premises, privately owned land, Crown land, a shopping centre, place of worship, hospital, school, or another place prescribed by regulation a restricted premises [LA s 188]. A list of the premises prescribed as restricted premises by regulation can be found at Schedule 7 of the LR. It is a criminal offence to bring liquor onto a restricted premises or possess or consume liquor on or in a restricted premises, punishable by 100 penalty units [LA s 189(1)]. It is a defence to this offence if the liquor was being used in connection with celebration of a religious service by a person approved by the Director or if the person was passing through a restricted premises and in possession of an unopened container of liquor intended for consumption elsewhere [LA s 189(3)].

An application for declaration of a restricted premises may be made by the following persons (or an applicant on their behalf) [LA s 190]:

• an owner or occupier of the restricted premises in relation to the whole restricted premises
• a person residing or conducting business in the neighbourhood of the restricted premises, a charity or community organisation whose activities are connected with the neighbourhood of the place or a police officer of or above the rank of Senior Sergeant in relation to any part of the place that is open and used by the public
• a police officer of or above the rank of Assistance Commissioner in relation to a public housing residence

The application must be in the approved form and lodged with the Director [LA s 191]. The Director must consult the owner, occupier and Commissioner of Police as soon as practicable [s 192]. The Director must be satisfied the declaration would be in the public interest or reflect the wishes of the majority of occupiers and is practicable in the circumstances [LA s 193]. Within 14 days of making a declaration, the Director may place a notice outside the restricted premises [LA s 196(1)]. It is a criminal offence to remove, deface or interfere with the notice, punishable by 20 penalty units [LA s 197]. The notice must include the details of the declaration and details of the two aforementioned offences [LA s 196(2)].

The restriction expires if the owner’s title is transferred of the occupier’s lease ends [LA s 198(1)]. The owner must provide details of these factors to the Director [LA s 198(2)]. The Director may, on application by the applicant for the declaration or an occupier of the restricted premises, or of their own volition, revoke a declaration of a restricted premises [LA s 199].

Prohibited public places

In the NT, a person must not consume liquor in a public place (or in a vehicle in a public place) in the following locations [LA s 171]:

• Alice Springs
• Darwin (including the Darwin Waterfront precinct)
• Katherine
• Palmerston
• Tennant Creek
• any Local Government area that a Local Council declares by a notice on their website to be subject to this prohibition;
• any public place within 2km of a licensed premises
• any place prescribed by regulation.

A person commits a criminal offence if they consume alcohol in a place referred to above and engaged in conduct that causes a nuisance to other persons in the vicinity, punishable by 5 penalty units [LA s 200(1)]. The permission of a local council must be given in writing [LA s 200(3)].

Permits

A person may apply for a permit to exempt them from the restrictions of a general restricted area or a special restricted area [LA s 201(1)]. The Director may grant a permit to a person to bring liquor into the restricted area and/or possess and/or consume liquor in the restricted area [LA s 201(2)].

An application must be in the approved form and lodged with the Director [LA s 202(1)]. An applicant for a permit must satisfy the Director that the permit is in the public interest and will not have a significant adverse impact on the community [LA s 202(2)]. The Director must take reasonable steps to consult residents, the local council, the Commissioner of Police and any permit committee in making a decision in relation to a permit [LA s 203]. The permit may only be granted to a person who resides in the restricted area, is temporarily living in the restricted area or intends to temporarily live in the restricted area [LA s 201(3)].

The Director may place conditions they consider appropriate on the permit [LA s 201(4)]. A person commits an offence in they contravene a condition of a permit, punishable by 20 penalty units [LA s 207(1)].

The Director may revoke a permit if the holder contravenes a condition or moves to a place outside the restricted area [LA s 206]. The holder of a revoke permit must return it when request to do so [LA s 207(2)]. It is an offence punishable by 20 penalty units if the person does not do so [LA s 207(3)].

Guests of a permit holder may consume liquor at the invitation of the holder if they or on the premises occupied by the holder of the permit and do not reside in the restricted area [LA s 204]. A licensee or their agent may bring liquor into a restricted area and possess that liquor for the purpose of delivering that liquor to a permit holder [LA s 205].

Banning notices and exclusion orders

Banning notice

The Minister, may, by Gazette declare an area to be a ‘high risk’ area if alcohol related violence occurred in a public place within the vicinity of licensed premises in the area and the Minister believes banning notices and exclusion orders are a reasonable way of preventing or reducing further occurrences of alcohol-related violence in the area [LA s 210]. The high risk areas that have been declared in the NT include, but are not limited to, Darwin CBD, Casuarina CBD, Kathrine CBD, Tennant Creek CBD and Alice Springs CBD. A complete list can be found here.

A police officer may issue a banning notice to a person if they officer believe on reasonable grounds that the person has committed an banning offence in a high risk area, is likely to continue to commit a banning offence in a high risk area, the banning offence has caused or may cause alcohol-related violence in a high-risk are and the notice would be a reasonable way of preventing the person from continuing to commit the banning offence or committing another banning offence in the high risk area [LA s 212(1)].

The offences which are deemed ‘banning offences’ are detailed in s 209 of the LA.

A banning notice bans the person from entering or remaining in either the high risk area or a specified licensed premises for up to 14 days [LA s 215].

A banned person commits a criminal offence if they enter, attempt to enter or remain in a licensed premises contrary to a banning notice, punishable by 20 penalty units [LA s 218].

Exclusion orders

If a person is giving a banning notice or an infringement notice for a banning offence (that is not withdrawn or elected to be taken to Court) three times within the previous 24 months [LA s 221] or a Court finds a person guilty of a banning offence committed in a high risk area (and not sentence to a term of imprisonment of more than 12 months)[LA s 222], the court may make an exclusion order [LA s 220] to exclude the person from a high risk area or a licensed premises in any high risk area of a period not exceeding 12 months [LA s 223]. The Commissioner of Police can apply to the Court for an exclusion order [LA S 220(1)(a)] and the factors the Court must consider are outlined at s 220(3) of the LA.

It is an offence for a person subject to an exclusion order to enter or remain or attempt to enter or remain in a high risk area or premises contrary to the order, punishable by 50 penalty units.

Take away alcohol sales

In the NT, there are restrictions on when takeaway liquor stores and grocery stores are able to sell liquor. These are detailed in Schedule 3 of the LR and are as follows:

Darwin region

	Takeaway authority only	Takeaway and other authority	Grocery store authority
Monday – Friday	10:00 – 22:00	10:00 – 22:00	10:00 – 22:00
Saturday	09:00 – 22:00	09:00 – 22:00	09:00 – 22:00
Sunday	closed	10:00 – 22:00	closed
Public Holidays	09:00 – 22:00	09:00 – 22:00	09:00 – 22:00
Good Friday and Christmas Day	closed	closed	closed

Katherine region: other than Groote Eylandt

	Takeaway authority only	Takeaway and other authority	Grocery store authority
Monday – Friday	14:00 – 20:00	14:00 – 20:00	14:00 – 20:00
Saturday	12:00 – 20:00	12:00 – 20:00	12:00 – 20:00
Sunday	closed	14:00 – 20:00	closed
Public Holidays	12:00 – 20:00	12:00 – 20:00	12:00 – 20:00
Good Friday and Christmas Day	closed	closed	closed

Katherine region: Groote Eylandt

	Takeaway and other authority
Monday – Friday	12:00 – 22:00
Saturday	10:00 – 22:00
Sunday	12:00 – 22:00
Public Holidays	10:00 – 22:00
Good Friday and Christmas Day	closed

Alice Springs region: other than Alice Springs local government area

	Takeaway authority only	Takeaway and other authority	Grocery store authority
Monday – Friday	14:00 – 21:00	14:00 – 21:00	14:00 – 21:00
Saturday	10:00 – 21:00	10:00 – 21:00	10:00 – 21:00
Sunday	closed	12:00 – 21:00	closed
Public Holidays	10:00 – 21:00	10:00 – 21:00	10:00 – 21:00
Good Friday and Christmas Day	closed	closed	closed

Alice Springs region: only Alice Springs local government area

	Takeaway authority only	Takeaway and other authority	Grocery store authority
Monday and Tuesday	closed	closed	closed
Wednesday – Friday (except Public Holidays)	15:00 – 19:00	15:00 – 19:00	15:00 – 19:00
Wednesday – Friday (Public Holidays only, other than Good Friday and Christmas Day)	11:00 – 20:00	11:00 – 20:00	11:00 – 20:00
Saturday	11:00 – 20:00	11:00 – 20:00	11:00 – 20:00
Sunday	closed	12:00 – 21:00	closed
Good Friday and Christmas Day	closed	closed	closed

Barkly region: other than Elliot / Marlinja

	Takeaway authority	Grocery store authority
Monday – Friday	14:00 – 20:00	14:00 – 20:00
Saturday	12:00 – 20:00	12:00 – 20:00
Sunday	closed	closed
Public Holidays	12:00 – 20:00	12:00 – 20:00
Good Friday and Christmas Day	closed	closed

Barkly region: only Elliot / Marlinja

	Takeaway authority	Grocery store authority
Monday – Friday	12:00 – 19:00	12:00 – 19:00
Saturday	12:00 – 19:00	12:00 – 19:00
Sunday	closed	closed
Public Holidays	closed	closed
Good Friday and Christmas Day	closed	closed

East Arnhem region

	Takeaway and other authority	Grocery store authority
Monday – Friday	14:00 – 20:00	14:00 – 20:00
Saturday	10:00 – 21:00	10:00 – 21:00
Sunday	14:00 – 20:00	closed
Public Holidays	10:00 – 21:00	closed
Good Friday and Christmas Day	closed	closed

Banned drinkers register

A person on the Banned Drinker Register (‘BDR’) is not allowed to buy, possess or consume alcohol in the NT for the duration of their ban. The rules associated with the BDR are outlined in the Alcohol Harm Reduction Act 2017 (NT) (‘AHRA’).

In the NT, any person who wishes to buy take away alcohol in the NT must present ID which staff then use to confirm whether the person is on the BDR.

A person gets on the BDR if they have been issued a Banned Drinker Order (‘BDO’) or if they are on a court or parole order prohibiting them from purchasing, possessing or consuming alcohol, such as bail, a suspended sentence or a parole order.

Police must issue a BDO if the person is:

• charged with any alcohol related offence [AHRA s 10(a)]
• named a defendant on a police DVO where alcohol was a factor [AHRA s 10(c)]
• issued an alcohol related infringement notice [AHRA s 9A(1)(b)]
• placed into protective custody for alcohol intoxication [AHRA s 9A(1)(a)]
• consuming alcohol in a prohibited public place [AHRA s 9A(1)(c)]
• issued with a banning notice [AHRA s 9A(1)(d)]

In addition, the Registrar of the BDR may consider self-referrals [AHRA s 14], referrals from family, carers or guardians [AHRA s 18], or referrals from authorised persons, such as health professionals and social workers [AHRA s 18], and decide whether a person should be on the BDR [AHRA s 21].

A Police DVO will either be for 28 days or 3 months, depending on the reason the BDO is issued [AHRA s 11], and Police must extend a BDO for 3, 6, or 12 months if any of the occurrences that lead to the issuing of the BDO listed above happen again [AHRA s 24].

A BDO issued by the Registrar can be for 3 months, 6 months or 12 months [AHRA s 22] and the Registrar may extend the BDO for 3 months, 6 months, or 12 months if they believe the BDO has been contravened of the grounds for making the BDO continue to apply [AHRA s 23].

A person issued a BDO by police or the registrar may apply to the registrar to reduce or revoke the remaining period of the ban [AHRA ss 25 and 26]. For a variation or revocation of a BDO by a BDR Registrar, the person will need to show proof they completed a therapeutic support program [AHRA s 25(1)]. Details of therapeutic support programs can be found here. Details of how to request a review can be found here.

Public drunkenness and police powers

Protective custody

While public drunkenness is not an offence in the NT, police can arrest a person without a warrant, apprehend the person and take the person into custody if the member reasonably believes:

• the person is intoxicated,
• the person is in a public place or trespassing on a private property, and
• because of their intoxication the person:
• can’t adequately care for themselves and there is no-one else to care for them, or
• may harm themselves or someone else, or
• may cause substantial annoyance to people, or
• is likely to commit an offence [PAA s 128(1)].

For further information, please see detention for intoxication.

People apprehended in Darwin, Katherine and Alice Springs are, if possible, taken to sobering up shelters rather than to conventional police cells. These shelters provide a secure place to sleep and may provide food and clothing or clothes washing facilities. These shelters do not have the right to hold someone against their will. Shelters will not take people who are acting aggressively, and if someone they have taken in becomes aggressive, staff will call the police and have them removed.

Local Aboriginal communities also have their own initiatives in this area. Some community councils have organised their own patrols, such as the Tangentyere Night Patrol in Alice Springs and Larrakia Nation Night Patrol in Darwin.

Police have a duty of care when it comes to drunk people they have in custody. This duty has been the subject of many coronial inquests, and was considered in length in the Royal Commission into Aboriginal Deaths In Custody. If a person is taken into protective custody showing any signs of physical problems, the police must ensure they receive adequate medical attention. The police have responsibility to ensure the safety of people while in their custody.

Search and seizure

The LA provides extensive powers of search and seizure in relation to alcohol-related offences. Please see the investigation and arrest chapter.

Methylated spirits

It has not been unknown in the NT for methylated spirits to be sold as a beverage. This is a dangerous and illegal practice.

It is an offence to drink a methylated spirit, punishable by 20 penalty units [Medicines, Poisons and Therapeutic Goods Act 2012 (NT)s 107]. It is an offence to supply a methylated spirit to someone else for drinking, punishable by 100 penalty units or 12 months imprisonment [Medicines, Poisons and Therapeutic Goods Act 2012 (NT)s 108].