Definition of 'unduly intoxicated' for the responsible service of alcohol
Intoxication can be the result of the consumption of liquor, drugs or another intoxicating substance. At all times licensees and staff must not serve, supply to or allow the consumption of alcohol by an unduly intoxicated or disorderly person.
A person may be taken to be 'unduly intoxicated' if:
- the person's speech, balance, coordination or behaviour is noticeably affected
- there are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.
Reasonable grounds for belief is what a reasonable person would believe in a given situation. This means that there must be some basis for the belief, which can be considered and evaluated by an objective third person.
Read our Liquor Guideline 58: Unduly intoxicated for more information.