What is intoxication?
For the purposes of the Liquor Control Reform Act 1998, a person is in a state of intoxication if their speech, balance or co-ordination is noticeably affected and there are reasonable grounds for believing this is the result of the consumption of liquor.
As alcohol accumulates in a person’s bloodstream and in turn flows to the brain, their behaviour is affected.
As the amount of alcohol consumed progressively depresses the central nervous system, the impact will eventually be such as to significantly affect the drinker’s understanding of events and their observable behaviour. At this point a person is considered to be intoxicated or drunk. If the consumption of alcohol continues, the level of intoxication will eventually reach a point where the drinker lapses into unconsciousness.
If a licensee is charged with serving an intoxicated patron it will be as a result of a judgement made by a police officer or Compliance Inspector about the drinker. That judgement will be made based upon obvious behavioural signs.