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