Is it illegal to refuse BYO?

Guest · Post by **Guest** » Mon Feb 16, 2004 8:44 pm

I was once told that it was illegal under the liquor licencing act to refuse a patron BYO wine at a restaurant.

Does anybody know if this is correct?

Considering some of the outrageous prices one pays for quality wines in Melbourne's better restaurants, I'd love to know if this is accurate.

Thoughts, comments and opinions??

monghead · Post by **monghead** » Mon Feb 16, 2004 10:47 pm

I too am interested on this BYO thought. I am absolutely passionate about BYO wines. This obsession of our is expensive, and I for one am probably enjoying beyond my humble means. Thus, a good meal at a BYO restaurant often helps. I honestly do not mind paying $30 dollars a person to BYO wine as long as the restaurant reciprocates with large crystal glassware, and decanting if needed.

In my experience, some upmarket restaurants will allow BYO if asked nicely, eg. in Sydney- Salt, Guillaume, Est, Alio, and I thank them sincerely. Others are quite rude of their elitist "fully licenced policy", even though their wine list may offer only one back vintage from a lesser vintage! :cry:

Anyways, I have probably rambled on a little, and got off the point. Any of you out there know exactly what our rights are in BYOing wine to a restaurant?

Deeply interested,

Monghead.

DJ · Post by DJ » Tue Feb 17, 2004 11:05 am

Liquor laws differ in each state - so generalisations are impossible. I have not had to deal with the licensing laws closely for 10 years now but a discussion I was in on a while ago suggested that it might be illegal to allow BYO on licensed premises - at least in NSW. The argument is probably along the lines of - the licensee and serving staff are responsible for ensuring that customers do not have too much too drink. If BYO is allowed they lose the ability to control the amount of alcohol a customer can access.

This is not legal advice (I'm not a lawyer) but the licensing laws are pretty harsh on the licensee and staff in the Nanny State - Another reason I regularly think "Thank goodness I no longer work in liquor retail"

JohnP · Post by **JohnP** » Tue Feb 17, 2004 9:18 pm

As I understand the Qld laws a licensed restaurant may refuse BYO - though it appears that it if you ask on booking you typically have little problem.

John

Cables · Post by **Cables** » Tue Feb 17, 2004 9:24 pm

Now that I asked the question, I am even more determined to find out the answer. I'll speak to my people, to speak to their people and at least get the answer for those of us in Victoria.

Examples of some of the prices we pay down here.

94' Mt Edelstone between $220 - $250 pb.
01' Majella Shiraz - $85
375ml - 00' MM Quinitet - $110

And forget about HoG or a Grange for less than $450 + pb and the list goes on. And I know that Sydney prices are worse.

monghead · Post by **monghead** » Tue Feb 17, 2004 10:03 pm

You're right Cables. In Sydney, prices are just as bad, if not worse. You really are in a conundrum when you go to one of these restaurants, as your heart wants what your wallet can't afford!! Almost makes me embarrassed to say that I would pay $195 for a Rockford Basket Press, yet search high and low for a saving of $1(quaffers)-$5(premiums) per bottle when buying from retailers. :oops:

Monghead.

radioactiveman · Post by **radioactiveman** » Tue Feb 17, 2004 11:07 pm

I did a bit of a search around the web last night as I was interested also. So far not much to report but did find some references suggesting that BYO was at the discretion of the licencee.

See here for QLD: http://www.liquor.qld.gov.au/actandyou/ ... efault.asp

For Tassie: http://www.treasury.tas.gov.au/domino/d ... pecial.PDF

DJ's reference to the responsible service of alcohol is also correct. Staff are still responsible for ensuring the responsible service of alcohol, even if the wine has been brought in by the patrons (BYO).

NSW: http://www.dgr.nsw.gov.au/IMAGES/PUBLIC ... 2/9_02.pdf

If I find others, I will post them.

Cheers

Jamie

Guest · Post by **Guest** » Tue Feb 17, 2004 11:34 pm

It is my understanding that in Victoria a Licensed premise cannot legally refuse BYO, but are able to charge as much for corkage as they desire?

Adair · Post by **Adair** » Wed Feb 18, 2004 10:18 am

Went to the Beef & Reef CafÃƒÆ’Ã‚Â© in Glenelg (Adelaide) last month and they had 1998 Rockford Basket Press Shiraz for less than $100 ($80 or $90 - I forgot exactly). I thought that was pretty good.

I will probably get back there Monday or Tuesday next week.

Adair

markg · Post by **markg** » Wed Feb 18, 2004 10:29 am

Adair wrote:Went to the Beef & Reef CafÃƒÆ’Ã‚Â© in Glenelg (Adelaide) last month and they had 1998 Rockford Basket Press Shiraz for less than $100 ($80 or $90 - I forgot exactly). I thought that was pretty good.

I will probably get back there Monday or Tuesday next week.

Adair

Went to Estias in Henley Beach Square (Adelaide) a few months back and they had a nice cellar in the resteraunt where they took interested patrons to choose from the racks - 1996 Rockfords Basket press for under $100 (can't remember the exact price), we liked it so much we ordered a second bottle

michaelw · Post by **michaelw** » Wed Feb 18, 2004 11:05 am

Anonymous wrote:It is my understanding that in Victoria a Licensed premise cannot legally refuse BYO, but are able to charge as much for corkage as they desire?

And do!

Gavin Trott · Post by **Gavin Trott** » Wed Feb 18, 2004 11:13 am

michaelw wrote:
Anonymous wrote:It is my understanding that in Victoria a Licensed premise cannot legally refuse BYO, but are able to charge as much for corkage as they desire?

And do!

Here in Adelaide most BYO if you ask. BYO prices range from $1, to $10 per bottle, and in between!

George Krashos · Post by **George Krashos** » Wed Feb 18, 2004 2:00 pm

Cheapest Basket Press in Adelaide is either at the Exeter, Rundle St or those two very fine thai restaurants, the Thai Orchid at Henley Bch. or Regent Thai in Nth. Adelaide. All sell Basket Press in the $50s.

-- George Krashos

markg · Post by **markg** » Wed Feb 18, 2004 2:27 pm

George Krashos wrote:Cheapest Basket Press in Adelaide is either at the Exeter, Rundle St or those two very fine thai restaurants, the Thai Orchid at Henley Bch. or Regent Thai in Nth. Adelaide. All sell Basket Press in the $50s.

-- George Krashos

Thai Orchad - Yuuummmmm - Yes - $50 for the latest BP not for aged ones though.

Paul · Post by **Paul** » Wed Feb 18, 2004 3:55 pm

Thai Orchid... YUK... poor service and ordinary food.
Amarin food is much nicer.

markg · Post by **markg** » Wed Feb 18, 2004 4:29 pm

Paul wrote:Thai Orchid... YUK... poor service and ordinary food.
Amarin food is much nicer.

Actually, I have heard from a couple of other forumites that the Thai Orchard was ordinary. I have been there about 7 time now and the food has been fantastic. However, my last meal there was ordinary and I just chalked it up to a bad day - Perhaps I have just been lucky in the past ?

Is Amarin a place or a food style ? (Pardon my ignorance)

Are we still on topic ?

radioactiveman · Post by **radioactiveman** » Wed Feb 18, 2004 5:12 pm

markg wrote:Are we still on topic ?

I'm wondering the same thing.

Jamie

Paul · Post by **Paul** » Thu Feb 19, 2004 8:03 am

My experience at Thai Orchid over the past couple years has been very ordinary, slow service, dropped food, ordinary food quality and over priced (prefer Ying Chow or Ky Chow)... I'm not going back in a hurry.
Amarin (Thai restaurant) in North Adelaide has much better food and service (though not quite the service of venues such as the Manse, etc, but neither the price). Have not had a problem with Amarin to date.

Gavin Trott · Post by **Gavin Trott** » Thu Feb 19, 2004 9:19 am

Paul wrote:(prefer Ying Chow or Ky Chow)....

Both great food, and greater value .... oh and corkage of about $1 ... back on topic!! :roll:

Glen G (not logged in) · Thu Feb 19, 2004 4:35 pm

Tried Duthy Street Thai the other night, the verdict....AVOID.

guest · Post by **guest** » Fri Feb 20, 2004 1:12 am

Mildly, interesting spiel about Adelaide restaraunts however, the point about BYO legal or not is worth pursuing (esp Melb & Syd).

Licensed premisies have the option of allowing BYO.

I generally, try and go BYO. Due to far too many years of bitter disappointment at the selection and price of wines at numerous (most restaraunts.

My first grievance is inaccurate vintage lists and b**Sh*t about there being no difference between one year and another.

The next is range and selection and price.

I went to BYO and licensed recently, luckily I BYO'ed. They were asking $65 for Wynns black label 2000 Cab Sav. Perhaps an aged example maybe !?

Went to another more upmarket est. (no BYO allowed) and paid $55 for scarbourough 2000 Chard. nice wine good vintage. the 2nd cheapest wine on the list by the way. Good food but ripped off on the wine.

Again I suppose it is supply and demand and market force economics ?

Cables · Post by **Cables** » Tue Feb 24, 2004 7:22 pm

I've now had two responses from people in the know and their answers were at opposites. - One said, "choice of the proprietor, the other said, must allow BYO, but corkage is at their discretion"

An interesting thought.

Most retail shops put anywhere from 30%-100% mark-up on their merchandise, so wine should be no different. But there are several places that are putting 200% on the cost of wines. It is an insult and these places I now purposely try to avoid, regardless of the quality of the food.
Of which, good quality food is not all that hard to find anymore. Plenty of good chefs around.

Lastly, $5-$7 for a coffee/latte is outrageous.

I've dined far too often in restaurants, (as my waistline will testify), but I have come to the conclusion that a dinner at home with friends and our own wine from our cellars if far superior than eating out.

radioactiveman · Post by **radioactiveman** » Tue Feb 24, 2004 8:06 pm

Cables wrote:dinner at home with friends and our own wine from our cellars if far superior than eating out.

Cables,

I totally agree with you. I do, however, have some favourite restaurants which either charge a reasonable price for wine or allow BYO for a nominal cost. These are the restaurants which get my business, or any others like them.

Cheers

Jamie

Guest · Post by **Guest** » Tue Feb 24, 2004 11:45 pm

I vaguely remember a line from a Ben Elton novel about paying $1000 for a $100 meal does not make it ten times better.

The same for wine.

I can appreciate the rents and running costs in Melbourne and Sydney may be higher then other places in Oz, however charging exorbitant prices for wine is just a plain rip off.

When dinning out I like to eat food that I would not normally eat at home.

Otherwise, as noted above good food, good friends and good wine at home make the perfect evening

.

The Auswine Forum

Is it illegal to refuse BYO?

Is it illegal to refuse BYO?

Thai Orchid

Re: Thai Orchid

Re: Thai Orchid

still off the topic

Re: still off the topic