Intoxication Guidelines in plain English
It is against the law to serve alcohol to a person who, you believe, is intoxicated. In South Australia, licensed premises operate under
not discriminating against people who have a
the Liquor Licensing Act 1997. With regard to
condition or a disability that may be confused with
intoxication, if liquor is sold or supplied on licensed
intoxication.
premises to an intoxicated person, the licensee, the
responsible person for the licensed premises and the
establishing when to refuse the service of alcohol to a person.
person by whom the liquor is sold or supplied are each guilty of an offence.
The law
Maximum penalty
It is against the law to sell or supply alcohol to:
Expiation fee: $1,200
an intoxicated person.
First offence $20,000
a person who you believe, with reasonable
Second or subsequent offence $40,000.
grounds, is intoxicated.
A person is intoxicated if:
You must have ‘reasonable grounds’ for your belief
the person’s speech, balance, co-ordination or
that a person is intoxicated. It is alright if you refuse
behaviour is noticeable affected and
service to a person on the basis of this belief – even
it is reasonable in the circumstances to believe
if you are wrong.
that the affected speech, balance, co-ordination
It is against the law for you to treat people unfairly
or behaviour is the result of the consumption of
and to discriminate against a person on the basis of
liquor or some other substance.
a disability. You must, therefore, consider and rule
These Guidelines are designed to assist you in:
understanding – the law. – your responsibilities under the law. – the penalties for not obeying the law.
determining whether a person is intoxicated.
Intoxication Guidelines summary for bar staff
out any conditions or disabilities that may result in a person displaying symptoms or signs that may be confused with intoxication.