Definition of drunkenness
Under the Liquor Control Act, a person is 'drunk' if:
- They are on a licensed or regulated premises; and,
- Their speech, balance, co-ordination or behaviour appears to be noticeably impaired; and
- It is reasonable in the circumstances to believe that their impairment results from the consumption of liquor.
Under the Act, it is an offence for any person on a licensed or regulated venue to:
- Sell or supply, or permit the sale or supply of liquor to a drunk person;
- Allow or permit a drunk person to consume liquor;
- Obtain or attempt to obtain liquor for a person who is drunk to consume; or
- Aid a person who is drunk to obtain or consume liquor.
Penalties
Licensed venue
- Licensee $10,000
- Approved manager $10,000
- Employee $4000
- Any other person $2000
Regulated venue
- Owner $10,000
- Any other person $2000
The definition removes the defence that allows offenders to
create a reasonable doubt, by suggesting that the impairment of their
speech, balance, co-ordination or behaviour may have been caused by
other factors such as drugs, fatigue, or mental abnormality.