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The VGCCC regulates businesses focusing on the people, premises, products and promotions involved in supplying gambling to ensure the integrity of Victoria's gambling industries and to minimise harm.
 
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Managing intoxicated patrons

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

The Liquor Control Reform Act 1998 (the Act) defines intoxication in section 3AB(1) as:

  • 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.
Intoxication Guidelines

Our intoxication guidelines are issued pursuant to section 3AB(2) of the Liquor Control Reform Act 1998. They provide information on how to determine if a person is in a state of intoxication for the purposes of the Liquor Control Reform Act 1998, the Casino Control Act 1991 and the Gambling Regulation Act 2003.

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

Working out whether a person is in a state of intoxication is a two-step process.

First, consider whether the person is displaying one or more of the signs of intoxication.

A person may be in a state of intoxication if they are:

  • becoming loud and boisterous
  • having difficulty walking straight
  • becoming argumentative
  • bumping into furniture or customers
  • annoying other patrons and staff
  • rambling in their conversation
  • using offensive language
  • losing their train of thought
  • spilling drinks
  • difficulty in paying attention
  • fumbling and having difficulty in picking up objects
  • not hearing or understanding what is being said
  • swaying
  • drowsiness or dozing while sitting at a bar or table.

The second step in determining whether someone is intoxicated is working out whether the signs they are showing from the list above is the result of consuming liquor. You can do that by taking into account information, such as:

  • the amount of alcohol you have witnessed the person drink
  • how much other staff members of the licensed premises have seen the person drink
  • whether the person smells of alcohol

Conditions that show similar signs to intoxication

Sometimes, physical and mental disabilities lead to a person showing symptoms similar to alcohol intoxication. You should consider the possibility of a patron having such a condition before refusing service because you think they may be intoxicated.

Penalties

Licensees may be issued with an on-the-spot fine—through an infringement notice issued by our compliance inspectors or police officers—and incur demerit points against their liquor licence for intoxication-related offences. These offences include:

  • supplying liquor to intoxicated person
  • permitting a drunken or disorderly person on licensed premises
  • procuring liquor for intoxicated person on licensed premises
  • aiding or abetting an intoxicated person to obtain liquor on a licensed premises.

Further information about penalties is available on our Fees, fines and penalties page.

Intoxication Checklist

We have developed a checklist for licensed venue staff and managers to help ensure safe and responsible liquor consumption.

The checklist is a simple tool to help identify what a venue is doing well when it comes to managing intoxicated patrons and areas for improvement. We encourage all venue staff to go through the checklist as a team to look for anything that might need attention.

You can download the checklist here. 

Intoxication video

We have also developed a video that highlights five key areas to keep in mind to help prevent people from becoming intoxicated at your premises and manage intoxicated patrons.

The video covers:  

  • the definition of intoxication
  • our intoxication guidelines 
  • how licensees can prevent intoxication at their venue
  • how licensees should manage refusing service to intoxicated patrons
  • how to identify a standard drink.

The video is a great resource for venue staff and managers as it provides a quick and easy reminder of what to keep in mind. Our intoxication video is accessible on any device.

Remember that intoxicated patrons can remain at your venue but you must refuse to serve them more alcohol.

Other videos

We have created a couple of other videos that demonstrate intoxication signs venue staff should look out for. They also cover the importance of refusing service to intoxicated customers.

Learn about the signs of intoxication and how to identify them by watching our video on Behaviours to look out for.

Learn tips for refusing service by watching our Refusal of Service video and practice refusing service to intoxicated patrons so you are prepared if you have to do so.