Patrons who can negatively affect both the atmosphere of the venue and the enjoyment of other patrons include those who are unduly intoxicated or disorderly. RSA staff must ensure that intoxicated and disorderly patrons are not served alcohol.
Under the Liquor Act 1992, it is an offence to sell, supply or allow liquor to be supplied to a person who is either unduly intoxicated or disorderly. Summarised below, it is an offence to:
Sell liquor to an unduly intoxicated and/or disorderly patron
Supply or provide liquor to an unduly intoxicated and/or disorderly patron
Allow another person to supply an unduly intoxicated and/or disorderly patron with liquor
Allow an unduly intoxicated and/or disorderly patron to consume liquor
What is unduly intoxicated?
“Unduly intoxicated” means a state of being in which a person’s mental and physical faculties are impaired because of consumption of liquor that diminish the person’s ability to think and act in a way, in which an ordinary prudent person in full possession of his or her faculties and using reasonable care, would act under like circumstances.
When serving liquor, RSA staff must look for the signs of undue intoxication.