Responsible Service of Alcohol and South Australian Liquor Licensing Laws Intoxication Guidelines

There are new intoxication guidelines for South Australia. The guidelines will make it easier to determine if a person is intoxicated. It is currently an offence to sell or supply liquor to an intoxicated person. The offence is committed by the licensee, responsible person and the person by whom the liquor is sold or supplied.

The new law will make it an offence to serve liquor to a person whose speech, balance, coordination or behaviour is noticeably impaired and it is reasonable to believe that the impairment is the result of the consumption of liquor. Bar staff must have ‘reasonable grounds’ for their belief that a person is intoxicated It is alright for bar staff to refuse service to a person on the basis of this belief - even if they are wrong.

In assessing intoxication, bar staff must consider and rule out any conditions or disabilities that may result in a person displaying symptoms or signs that may be confused with intoxication.

It is a defence for bar staff to a charge of selling or supplying alcohol to an intoxicated person if they believed on reasonable grounds that the impairment was not the result of the consumption of liquor.

It is a defence for licensees and responsible persons, if the employee who is charged with serving an intoxicated person, exercised proper care to prevent the sale or supply of liquor in contravention of the provision.

Currently, licensees can refuse entry to or remove a person from the premises if the person is drunk or behaving in an offensive or disorderly manner. Under the new law licensees can remove a person if:

The person has supplied liquor, or is about to supply liquor, to a person who is intoxicated or a person whose speech, balance, coordination or behaviour is noticeably impaired and it is reasonable to believe that the impairment is the result of liquor consumption; or

It is reasonable to suspect the person has supplied liquor, or is about to supply liquor, to an intoxicated person.

Click here to download a copy of the Intoxication Guidelines.

Intoxication Guidelines - Information for Patrons.

Intoxication Guidelines - Information for Bar Staff.