Definition of Drunkenness

Under the Liquor Control Act, a person is 'drunk' if:

  • They are on a licensed or regulated premises; and,
  • Their speech, balance, co-ordination or behaviour appears to be noticeably impaired; and
  • It is reasonable in the circumstances to believe that their impairment results from the consumption of liquor.

Under the Act, it is an offence for any person on a licensed or regulated venue to:

  • Sell or supply, or permit the sale or supply of liquor to a drunk person;
  • Allow or permit a drunk person to consume liquor;
  • Obtain or attempt to obtain liquor for a person who is drunk to consume; or
  • Aid a person who is drunk to obtain or consume liquor.

Penalties

Licensed venue
Offender Penalty ($)
Licensee 10,000
Approved Manager 10,000
Employee 4,000
Any other person 2,000

Regulated venue
Offender Penalty ($)
Owner 10,000
Any other person 2,000

The definition removes the defence that allows offenders to create a reasonable doubt, by suggesting that the impairment of their speech, balance, co-ordination or behaviour may have been caused by other factors such as drugs, fatigue, or mental abnormality.

The Director's Refusal of Service - Powers of Licensees Policy is available here.

Last updated: 21/05/2015 21:16:44 PM

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