Management of intoxicated patrons on licensed premises
This page outlines licensee responsibilities in preventing intoxication on licensed premises and provides practical resources and guidelines to help licensees manage intoxicated persons effectively. By supporting responsible service and consumption of alcohol, licensees contribute to reducing alcohol-related harm and fostering a safer community.
People visiting a licensed venue to share a few drinks is generally a positive experience for both the venue and customers. However, excessive drinking can negatively impact someone’s health and behaviour. If not handled responsibly, it can put the customers and your venue at risk.
This webpage sets out actions that must be complied with to ensure that a licensee is not breaching the law. It also sets out how venues can keep intoxicated patrons on their premises in limited and defined circumstances.
Preventing intoxication on licensed premises
Licensees and staff have a legal obligation to serve alcohol responsibly and take proactive steps to prevent intoxication. These obligations are designed to reduce alcohol-related harm and support safer environments for customers, staff and the surrounding neighbourhood.
Under the Liquor Act 2007, it is an offence to sell or supply alcohol to an intoxicated person unless one of the defences or exemptions apply. It is also an offence to allow an intoxicated person to remain on a licensed premises, with a maximum penalty of $11,000.
As a licensee, you must ensure to:
- serve alcohol responsibly to help minimise alcohol-related harm
- prevent intoxication from occurring on their premises
- provide a safe venue for patrons and staff.
Failure to meet these obligations may result in:
- fines
- higher licence fees
- suspension or cancellation of a licence.
Licensees can follow the Prevention of intoxication on licensed premises guidelines to assist them to understand and meet their legal responsibilities and keeping their venue safe.
Recognising intoxication
The intoxication guidelines help licensees and staff identify when a person may be intoxicated and take appropriate action to manage the situation safely and legally. It also includes guidance for licensees on how to identify and respond to a drink spiking incident.
Defences and exemptions for permitting intoxication on a licensed premises
If an intoxicated person is present on the licensed premises it is presumed that the licensee has permitted intoxication to occur on the premises, unless, one of the below exemptions or defences applies.
Limited circumstances where an intoxicated person may remain on a licensed premises apply
To provide protections for vulnerable patrons there are limited circumstances where a licensee may allow an intoxicated person to remain on the licensed premises. This allows licensees to prioritise patron wellbeing without breaching the Act.
Licensees and staff may allow an intoxicated person to remain on the licensed premises if there are reasonable grounds to believe the person:
- requires medical assistance, and help has been sought (e.g. an ambulance has been called), or
- needs transport, and arrangements have been made (e.g. a taxi has been called).
Licensees and staff must demonstrate:
- service was refused as soon as intoxication was identified
- the person was actively monitored while on the premises
- the incident was recorded in the venue’s incident register, including the:
- time staff became aware of intoxication
- actions taken
- time the person left
- the person did not cause unreasonable noise or a disturbance and
- the person did not enter a gaming room (if applicable).
If the licensee cannot demonstrate the above, they may be liable for permitting intoxication on the licensed premises.
Note, to rely on this exemption, venues must record all incidents into an approved Incident Register. If a venue already uses an incident register – either the bound “green book” or digital Incident Register – venues may continue using it, provided it meets the required standards.
If a venue does not currently have an approved bound or digital Incident Register that complies with the Digital Incident Register Guidelines, it will need to be purchased. For additional information on Incident Register requirements visit the Maintaining an incident register webpage.
Further information on commonly asked questions is available in the FAQs on this page. Liquor & Gaming NSW also developed a factsheet to provide additional guidance for licensees on when it may be appropriate for an intoxicated person to remain on the licensed premises.
The licensee did not cause the intoxication or took reasonable steps to prevent it from occurring
In addition to the exemption listed above, it is a defence to an offence for permitting intoxication if:
- The licensee or staff:
- stopped serving liquor to the person once they became aware of the intoxication, and
- asked the person to leave the premises, and
- if the person refused or failed to leave immediately, contacted or attempted to contact police for assistance in removing the person.
- The licensee or staff took reasonable steps to prevent intoxication in accordance with the Prevention of Intoxication Guidelines.
- The intoxicated person did not consume liquor on the licensed premises.
For more information about how these defences work, and how to ensure compliance with the law see the intoxication guidelines.
Frequently asked questions (FAQs)
To what extent is supervision required?
Supervision must be active, consistent, and documented to meet duty of care obligations under the Liquor Act 2007. Once a person is identified as intoxicated and remains on the premises (e.g. awaiting transport or medical assistance), the following supervision practices are recommended:
- move the patron to a quiet and well-lit area away from the bar service area and gaming rooms
- ensure no further alcohol is served to or consumed by the patron
- allocate a responsible staff member to monitor the patron
- if constant supervision is not possible, check on the patron at least every 10–15 minutes to assess their condition and ensure they remain safe
- for regional or remote venues with differences in staffing and size, supervision practices can be scaled appropriately based on staffing levels and patron risk.
What if the intoxicated person sobers up, can they be served again?
No. As soon as the licensee or staff become aware that a person is intoxicated, they are legally required to refuse further service of alcohol.
This is also a condition of the exemption under the Liquor Act 2007, and it must be followed to avoid liability for permitting intoxication on licensed premises.
What if there are incidents while an intoxicated person remains on the licensed premises?
If an intoxicated patron is involved in an incident such as aggression, injury, or disorderly behaviour while still on the premises, the licensee and staff may be held responsible if they failed to take reasonable steps to manage the situation.
Under section 73 of the Liquor Act 2007, it is an offence to allow violent, indecent or quarrelsome conduct on licensed premises. Under the exemption, licensees are also obligated to ensure the intoxicated person does not make unreasonable noise or cause a disturbance.
To reduce risk and meet obligations:
- intervene early if a patron’s behaviour escalates
- call police or emergency services if necessaryensure staff are trained in managing intoxicated patrons and are familiar with the prevention of intoxication and intoxication guidelines
- keep records of the incident and actions taken.
Failure to act appropriately may result in fines, licence suspension, or civil liability for breach of duty of care.
