Preventing patrons from becoming intoxicated in licensed venues due to excessive or irresponsible alcohol consumption is a key aim of responsible service obligations and the NSW Government’s commitment to minimise alcohol related-harm.

Research clearly shows that intoxicated patrons can endanger the safety of other patrons as well as themselves. They are a major risk factor for alcohol-related violence which - as we have seen all too often - can cause serious injury and death and devastate impacted families and the community.
It is vital that all licensed venue staff know how to identify intoxicated patrons and the actions they need to take to prevent such patrons from consuming more alcohol.

By Paul Newson, Deputy Secretary, Liquor, Gaming and Emergency Management, NSW Department of Justice

What are your obligations?

All NSW licensed venues and their staff have obligations under NSW liquor laws to prevent the excessive consumption of alcohol on licensed premises and it is an offence to permit intoxication or sell or supply liquor to an intoxicated person.

Penalties for breaching this law can be very expensive. The licensee or staff can be fined up to $11,000 in court or be given an on-the-spot fine.

Additionally, breaches can trigger tough regulatory and enforcement controls from Liquor & Gaming NSW and police. Repeat offender venues risk facing more frequent overt and covert inspections, stringent licence conditions and disciplinary proceedings and closure orders before the Independent Liquor & Gaming Authority Board.

The marketing of a venue is important in creating its culture and minimising alcohol-related harm. While venue staff must exercise discretion and refuse service to a patron showing signs of intoxication, a well-run venue that is committed to responsible practices shouldn’t have high numbers of patrons becoming intoxicated.

Staff should be encouraged to observe patrons and exercise judgement to refuse service where they have formed a view that a person is irresponsibly or excessively consuming alcohol. You can refuse service on the basis of this belief, even if you are wrong. Licensees are encouraged to consider engaging dedicated responsible service of alcohol marshals to assist awareness and management of responsible service obligations.

What are the signs that a patron is intoxicated?

While the following symptoms or signs are not exhaustive, they serve as a useful guide:

- Speech: Slurring words; rambling or unintelligible conversation; incoherent or muddled speech; loss of train of thought; not understanding normal conversation; difficulty paying attention.

- Balance: Unsteady on feet; swaying uncontrollably; staggering; difficulty walking straight; falling down; stumbling; bumping into or knocking over furniture or people.

- Coordination: Lack of coordination; spilling or dropping drinks; fumbling change.

- Behaviour: Rude; aggressive; belligerent; argumentative; offensive; bad-tempered; physically violent; loud/boisterous; confused; disorderly; exuberant; using offensive language; annoying or pestering others; overly friendly; loss of inhibition; inappropriate sexual advances; drowsiness or sleeping at bar or table; vomiting; drinking rapidly.

Remember: don’t discriminate

It’s important to note that your reasons for refusal of service must not be discriminatory, for example due to race, sex, or disability. A person has the right to take the matter to the Anti-Discrimination Board if they feel they have been discriminated against.

Could the patron have a medical condition?

It is possible that a person may have a medical condition or disability with signs or symptoms similar to intoxication. In such cases, it’s likely their friends will be able to help you.

You have formed a view that the patron is intoxicated. What do you do?

If there are reasonable grounds for you to believe that someone is intoxicated, you must refuse to serve them and ask them to leave the premises.

When refusing to serve them, be friendly and respectful. If possible, respect their privacy by not speaking to them in front of others.

It’s best to use slow, distinct speech with short simple sentences, and give a clear and concrete statement that by law they can’t be served another drink and must leave the premises.

If the person refuses to leave, venue management should contact police for help in removing them from the premises.

It’s worth remembering that preventing patrons from becoming intoxicated in the first place is the best way to satisfy licensee obligations and minimise alcohol-related harm.

It also means staff can avoid the often difficult and confrontational tasks of refusing to serve intoxicated patrons and removing them from the premises.

For more information on identifying and dealing with intoxicated patrons, visit the NSW Liquor & Gaming website: www.liquorandgaming.justice.nsw.gov.au

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