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Serving intoxicated patrons

It is an offence for a licensee or permittee to supply liquor to a person in a state of intoxication, or to permit drunken or disorderly persons to be on the licensed premises, or on any authorised premises.

A definition of intoxication is contained in the Liquor Control Reform Act 1998 (the Act) section 3AB (1) states:

For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, coordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor.

Penalties

Licensees may be issued with a fine on the spot through an infringement notice and incur demerit points.

It is also an offence for other persons to obtain alcohol or aid and abet an intoxicated person, with a maximum fine exceeding $2,000.

Further information about intoxication is available by downloading the Intoxication Guidelines (PDF, 158KB).

Additional penalties for gaming venues

Licensed premises that offer gaming in their venue are subject to further penalties as stated in the Gambling Regulation Act 2003

  • A venue operator must not knowingly allow a person who is intoxicated to play a gaming machine.
  • The holder of a wagering licence or the wagering operator must not knowingly accept a bet from a person who is in a state of intoxication.
  • The casino operator must not knowingly allow a person who is intoxicated to gamble or bet in the casino.

 These offences attract a fine of 40 penalty units. 

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