Intoxication Guidelines

What is the law in Victoria?

The Act states it is an offence for a licensee or permittee to supply liquor to a person who is in a state of intoxication. See Serving intoxicated patrons.

How can you decide if a person is in a state of intoxication?

Consider whether the person is displaying one or more of the signs of intoxication outlined in the table below and; whether this is the result of the consumption of liquor, by taking into account information, such as:

• How much alcohol have you witnessed the person drink? and/or
• Information about how much the person has had to drink and/or
• Does the person smell of alcohol?

Signs of intoxication may include the following:

Conditions that exhibit similar conditions and signs to intoxication

Sometimes physical and mental disabilities exhibit some of the same signs and symptoms as alcohol intoxication. You should consider the possibility of the existence of any conditions prior to refusing service on the basis that a person is intoxicated.

Legal definition of intoxication

Intoxication is defined in Section 3AB (1) of the Act:

"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."