Liquor & Gaming NSW

GL4003

Intoxication guidelines
and possible suspension or cancellation of a licence
These guidelines are designed to assist you to can apply where alcohol is served to an intoxicated
determine whether or not a person is intoxicated. person or intoxication is permitted.
Intoxication offences under the NSW liquor laws are
discussed in the GL4002 ‘Prevention of intoxication on
Overview
licensed premises’ guidelines. The guidelines outline the
You must always have due regard to the following obligations of licensees and serving staff. They provide
objectives of the liquor laws: advice on steps that can be taken by licensees and staff
• Need to minimise harm associated with the misuse to manage the risk of intoxication on licensed premises.
and abuse of liquor.
The GL4002 ‘Prevention of intoxication on licensed
• Encourage responsible attitudes and practices premises’ guidelines are issued under section 73(5A)
towards the promotion, sale, supply, service of the Liquor Act 2007 and are available from Liquor &
and consumption of liquor. Gaming NSW at liquorandgaming.nsw.gov.au.
• Ensure that the sale, supply and consumption
of liquor, and the operation of the licensed What are the noticeable signs of intoxication?
premises, contributes to, and does not detract from, These symptoms or signs are not exhaustive, and not
the amenity of community life. necessarily conclusive of intoxication.

What is the law? Speech

Section 5 of the Liquor Act 2007 states that a person • slurring words
is intoxicated if: • rambling or unintelligible conversation
• the person’s speech, balance, co-ordination or • incoherent or muddled speech
behaviour is noticeably affected, and • loss of train of thought
• it is reasonable in the circumstances to believe • not understanding normal conversation
that the affected speech, balance, co-ordination or • difficulty paying attention.
behaviour is the result of the consumption of liquor.
Balance
Licensees should also be aware that other substances,
such as kava, when mixed with alcohol can cause • unsteady on feet
increased intoxication. • swaying uncontrollably
Liquor licensees have important obligations to ensure • staggering
alcohol is served responsibly to help minimise alcohol- • difficulty walking straight
related harm. • cannot stand, or falling down
Supporting responsible consumption practices and • stumbling
preventing intoxication lowers the risk of alcohol-related • bumping into or knocking over furniture or people.
violence and neighbourhood disturbance, and helps
to promote a safe venue for customers and staff. Coordination

The NSW liquor laws prohibit the sale and supply of

• lack of coordination
•
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alcohol to intoxicated persons. Licensees also have a spilling drinks

legal obligation to prevent intoxication from occurring • dropping drinks
on their premises. Fines, higher annual licence fees, • fumbling change

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Intoxication guidelines

• difficulty counting money or paying • Was the person affected by alcohol when
• difficulty opening or closing doors they arrived?
• inability to find one’s mouth with a glass. • What type of alcohol has been consumed?

Behaviour
• How much alcohol have you seen the person drink?
• rude Your observations will help you form a reasonable belief
as to whether the person is intoxicated as a result of
• aggressive
alcohol consumption.
• belligerent
Talk to the person and their friends to help determine
• argumentative
whether the person is intoxicated or becoming
• offensive intoxicated.
• bad tempered
Reasonable belief that a person is intoxicated
• physically violent
The law requires you to form a reasonable belief that
• loud / boisterous
the person is intoxicated as a result of alcohol
• confused consumption. It is all right if you refuse service to a
• disorderly person on the basis of this belief, even if you are wrong.
• exuberant Reasonable grounds for a belief that a person is
• using offensive language intoxicated are what a reasonable person would believe
• annoying / pestering others in the circumstances, taking into account the relevant
knowledge and facts presented.
• overly friendly
You should be sure of your reasons for refusal of service
• loss of inhibition
and these reasons should not be discriminatory, for
• inappropriate sexual advances example due to race, sex, or disability.
• drowsiness or sleeping at bar or table
A person has the right to take the matter to the Anti-
• vomiting Discrimination Board if they feel they have been
• drinking rapidly. subjected to discrimination.

Standard drinks Are there conditions that exhibit similar

The concept of a standard drink enables people to symptoms/signs to intoxication?
keep track of how much alcohol they are consuming. Some medical conditions, disabilities or the use of
A standard drink contains 10 grams of pure alcohol. drugs may cause similar behaviours without the person
The Standard drinks guide can be used to help identify being intoxicated as a result of alcohol consumption.
how many standard drinks have been consumed and Prior to refusing service on the basis that a person is
is available from health.gov.au. intoxicated, you should endeavour to determine whether
the person has a medical condition or disability which
may cause signs or symptoms similar to intoxication.
1.4
1.4 If the person has a medical condition or disability,
1.5
1.4 it is likely that their friends will be able to tell you.
1.6 1.1 1 Be sensitive to a person’s right to privacy.
Examples only:

How else to determine if someone

• acute infections

is intoxicated • acquired brain injury

Make observations: • brain trauma/tumours
• Does the person smell of alcohol? • delirium
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• How long has the person been drinking? • diabetes/hypoglycaemia

• When did the person enter the premises? • epilepsy

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Intoxication guidelines

• head injuries leave the premises. If necessary, guide them to

• pneumonia the exit, ensuring that they have all their personal
possessions with them.
• seizures and post-seizure states
• stroke.
• If the person refuses to leave then you should
contact police for assistance in removing the person
Even though a person has a pre-existing condition, from the premises.
if you have observed the person consuming alcohol
and the person has been drinking for some time, then
• If considered necessary, management may consider
imposing a short term ban.
it would be reasonable to form a belief that the person
is intoxicated as a result of alcohol consumption. The Liquor & Gaming NSW website has a number of
resources which provide further information on refusing
• Slow service down for the patron
entry or removing patrons from a premises.
• Wait for the patron to re-order, don’t automatically
See the FS3030 ‘Refusal of entry and patron bans/
top up drinks
barring’ fact sheet for further information on refusing
• Do not conduct any activity or promotion that will entry or removing patrons from a premises, or search for
result in patrons engaging in irresponsible, rapid, ‘refusing entry’ at liquorandgaming.nsw.gov.au.
or excessive consumption of liquor.
Penalties
What to do if someone is intoxicated
Supplying alcohol to an intoxicated person can be
If there are reasonable grounds for you to form a belief very expensive. The licensee or staff can be fined up
that someone is intoxicated as a result of alcohol to $11,000 or be issued with an on-the-spot fine by
consumption, you must refuse service to that person. way of a penalty notice. It is also an offence for other
Under the law the person must also be asked to leave patrons to supply alcohol to an intoxicated person,
the premises. with a maximum fine of $1,100 applying.
Procedures for dealing with intoxication incidents
should be in place and staff should be trained in
For further information
these procedures.
Visit liquorandgaming.nsw.gov.au for more
When refusing service to a person: information about the liquor laws. Subscriptions to
• Introduce yourself to the person. Tell them your our e-news service are also available from this site.
name and your role, and ask their name.
Access to the liquor laws – the Liquor Act 2007
• Approach the person in a friendly and respectful and the Liquor Regulation 2018 – is available from
manner. Patronising or authoritarian attitudes can liquorandgaming.nsw.gov.au.
often evoke anger and make the person more
To find out more about the liquor laws, contact
aggressive – this is a common response to threats
L&GNSW:
to one’s dignity and self-respect. Try not to speak
to the person in front of others. liquorandgaming.nsw.gov.au
• When talking to the person: use their name; use 1300 024 720
slow, distinct speech; use short simple sentences; Contact us online
avoid emotion and involved discussions; use
appropriate eye contact (limit for cultural reasons);
and adjust speaking pace to match the patron’s. Publication details
These guidelines are published by the Secretary,
• Give clear, concrete statement that by law they
NSW Department of Enterprise, Investment and
cannot be served another drink.
Trade, under section 5 of the Liquor Act 2007. They
• Notify the manager/licensee/supervisor or security. are designed to assist you to determine whether or
Also notify other bar staff that you have refused not a person is intoxicated.
service to the person. If a shift change is nearing,
These guidelines are subject to periodic review. Please
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notify the new staff.

go to liquorandgaming.nsw.gov.au to ensure you are
• Give a clear instruction that the person must using the latest guidelines.

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