New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 73

73 Prevention of excessive consumption of alcohol on licensed premises

(1) A licensee must not permit--

(a) intoxication, or

(b) any indecent, violent or quarrelsome conduct,

on the licensed premises.

: Maximum penalty--100 penalty units.

(2) A licensee or an employee or agent of a licensee must not, on the licensed premises, sell or supply liquor to an intoxicated person.

: Maximum penalty--100 penalty units.

(3) A person (other than a licensee or an employee or agent of a licensee) must not, on licensed premises, supply liquor to an intoxicated person.

: Maximum penalty--10 penalty units.

(4) If an intoxicated person is on licensed premises other than a vessel, the licensee is taken to have permitted intoxication on the licensed premises unless the licensee proves that--

(a) the licensee, and the licensee's employees or agents--

(i) refused to serve the person liquor after becoming aware the person was intoxicated, and

(ii) asked the person to leave the premises, and

(iii) if the person did not leave the premises immediately after being asked to leave or refused to leave--contacted, or attempted to contact, a police officer for help in removing the person from the premises, or

(b) the licensee, and the licensee's employees and agents, took the steps to prevent intoxication on the licensed premises set out in the guidelines issued under subsection (5A), or

(c) the intoxicated person did not consume liquor on the licensed premises.

(5) If an intoxicated person is on a vessel to which an on-premises licence relates, the licensee is taken to have permitted intoxication on the vessel unless--

(a) the licensee proves that--

(i) the person was not intoxicated when the person boarded the vessel, and

(ii) the licensee, and the licensee's employees and agents, refused to serve the person liquor after becoming aware the person was intoxicated, and

(iii) the licensee, or the licensee's employee or agent, contacted, or attempted to contact, a police officer for help in removing the person from the vessel, and

(iv) if the licensee, or the licensee's employee or agent, contacted a police officer, the licensee and the licensee's employees and agents followed the police officer's instructions, or

(b) the licensee proves that the licensee, and the licensee's employees and agents, took the steps set out in the guidelines issued under subsection (5A) to prevent intoxication on the vessel, or

(c) the licensee proves that the intoxicated person did not consume liquor on the vessel.

(5A) The Secretary is to issue guidelines relating to the prevention of intoxication on licensed premises. Such guidelines are to be made publicly available in such manner as the Secretary considers appropriate.

(6) In the application of this section to an on-premises licence that relates to a catering service, a reference to licensed premises does not include private domestic premises except for the purposes of subsection (2).