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RTO No: 52312

Managing intoxicated patrons - (from VGCCC)

29 May 2022

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:

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.

 

Attributed to the Victorian Gambling and Casino Commission

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