Legal duty to refuse service

Under the Liquor Act 2019, to help prevent alcohol related harm, you have legal duties (a legal requirement to act) and powers (legally supported to act), when it comes to:

• refusing service
• removing a person from the venue
• refusing someone entry to the venue.

Legal duties

Failing to meet these duties can lead to penalties.

What you must do:

• remove a person from the venue if they are:
  • violent
  • quarrelsome
  • disorderly
  • unable to control their behaviour
• refuse to serve alcohol to a person if they are:
  • intoxicated, or
  • on the Banned Drinker Register.

Legal powers

Use these powers to prevent alcohol related problems before they escalate.

What you can do:

• refuse entry or remove:
  • an intoxicated person
• refuse entry, service or have them removed if you believe it could:
  • lead to a breach of the law
  • cause them to become intoxicated
  • result in disorderly behaviour, such as aggression or violence
  • for any other reasonable reason.

Identifying an intoxicated person

A person is taken to be intoxicated if their speech, balance, coordination or behaviour appears to be noticeably impaired.

This might include:

• slurring of speech
• unsteady movements or poor coordination
• aggression or disruptive behaviour
• reduced awareness or difficulty responding to situations.

You can serve water or food.

Report a liquor licence breach

If you suspect a venue is breaching liquor laws, such as serving intoxicated customers, you can report a liquor licence breach.