5Meaning of “intoxicated”

#### 5 Meaning of “intoxicated” 5 Meaning of “intoxicated” > > (1) For the purposes of this Act, a person is intoxicated if— > > > > > (a) the person’s speech, balance, co-ordination or behaviour is noticeably affected, and > > > > > (b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor. > > > (2) Accordingly, a reference in this Act to intoxication in relation to licensed premises is a reference to the presence of intoxicated persons on the licensed premises. > > > (3) The Secretary is to issue guidelines to assist in determining whether or not a person is intoxicated for the purposes of this Act. Such guidelines are to be made publicly available in such manner as the Secretary considers appropriate. > > > (4) The guidelines issued by the Secretary may also indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of this Act.