At some point all licensees, permit holders and their employees will have to decide whether to refuse to serve alcohol to a patron, or prevent a patron from drinking alcohol. Show
Before refusing to supply a person with an alcoholic drink, or stopping a person from drinking, we recommend that your staff member engages in a conversation with the person suspected of being unduly intoxicated. Speaking to a person helps to identify possible causes for signs of intoxication, which is important in meeting your obligations under the Liquor Act. It also ensures that a patron is not being unlawfully discriminated against (based on mental or physical impairment, for example). Licensees, as part of their risk-assessed management plan, may have a written policy that deals with 'refusal of service'. This gives staff a clear understanding of their responsibilities and the steps to take when refusing to serve patrons. It is important for staff to deliver a consistent message that all patrons understand. The following are some suggested 'do's and don'ts' of service refusal. Do's of service refusal
Don'ts of service refusal
When an unduly intoxicated patron remains on premisesWhile licensees are responsible for preventing a patron from becoming unduly intoxicated, it is not an offence against a licensee if an unduly intoxicated person remains on the licensed premises, provided they are closely monitored. As the licensee is responsible for maintaining a safe environment in and around their venue, they should ensure that an unduly intoxicated patron is closely monitored and carefully managed so that the patron:
Managing unduly intoxicated patrons on premisesManagers should always support the decision of their staff in refusing service to a patron they believe is unduly intoxicated. Overruling a staff member's decision in one situation increases chances of an unduly intoxicated person being served or drinking alcohol in the future. This can increase the risk of significant penalties for the staff and licensee, permit holder or approved manager. Managing unduly intoxicated patrons must be done assertively and respectfully. If you identify an unduly intoxicated patron is with a friend, consider engaging with that friend to:
Licensees are afforded some discretion when dealing with intoxicated patrons. For example, you may be concerned that by evicting an intoxicated patron they may not be capable of getting themselves home safely. In situations like this you may choose to:
Removing unduly intoxicated patrons from the venueA licensee or permit holders and/or their staff or agent can refuse entry or ask a person to leave if they are unduly intoxicated. If you ask a patron to leave the licensed premises, because they are unduly intoxicated, they must do so immediately. It is an offence for a drunk person to be on a licensed premises. It is an offence for a patron to fail to leave the premises after being asked to leave, or to enter the premises after being refused entry. In this case, the licensee or permit holders and/or their staff or agent may use necessary and reasonable force to remove the patron. When OLGR or police identify unduly intoxicated patrons in a licensed venueIf an unduly intoxicated person is found in a venue, police or Office of Liquor and Gaming Regulation (OLGR) investigators will ask:
A police officer or OLGR investigator may form the view that the circumstances, and the intoxication level of the patron, may warrant further action. Go to quiz Also consider...
The following steps can assist in the management of an intoxicated person. However, ensure that in the first instance you refer to your agency's policies and procedures regarding managing intoxicated clients. First and foremost, assess the situation and consider your safety, the affected person’s safety, and the safety of others. Enlist others to help you manage the situation if necessary.
Reducing the impact of intoxicationThere are things that you can do to reduce some of the harms associated with volatile substance use (VSU) intoxication. For example, do not chase or physically restrain a person who has been using volatile substances as physical exertion can increase their risk of sudden sniffing death. If the intoxicated person is conscious and not in need of immediate first aid:
(Victorian Government Department of Human Services, 2003) Self careManaging an intoxicated person can be a difficult experience. Make sure you debrief with a colleague or your supervisor after the incident. Self care is important when dealing with difficult or challenging situations. See also Acute intoxication page of this website. |