73Prevention of excessive consumption of alcohol on licensed premises

#### 73 Prevention of excessive consumption of alcohol on licensed premises 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 (5D) to prevent intoxication on the vessel, or > > > > > (c) the licensee proves that the intoxicated person did not consume liquor on the vessel. > > > (5A) The licensee does not commit an offence against subsection (1)(a) for failing to remove an intoxicated person from licensed premises if— > > > > > (a) the licensee and relevant employees or agents of the licensee had reasonable grounds to believe the intoxicated person— > > > > > > > (i) required medical assistance and medical assistance had been sought, or > > > > > > > (ii) required transport to be able to leave the licensed premises and a means of transport had been sought, and > > > > > > > > Example— > > > > > > > > a taxi to take the person home > > > > > (b) the licensee and the licensee’s employees or agents refused to serve the person liquor after becoming aware the person was intoxicated, and > > > > > (c) the intoxicated person was actively monitored while on the licensed premises by the licensee or an employee or agent of the licensee, and > > > > > (d) the presence of the intoxicated person was reported in the relevant incident register, regardless of when the incident occurred, including the following information— > > > > > > > (i) the time at which the licensee, or an employee or agent of the licensee first became aware the intoxicated person was on the licensed premises, > > > > > > > (ii) the actions taken in relation to the person, > > > > > > > (iii) the time the person left the licensed premises, and > > > > > (e) the licensee ensured the intoxicated person— > > > > > > > (i) did not make unreasonable noise or cause a disturbance, and > > > > > > > (ii) did not enter a gaming room. > > > (5B) For subsection (5A)(d)— > > > > > (a) the relevant incident register is— > > > > > > > (i) for a licensee who maintains an incident register under section 72L—that incident register, or > > > > > > > (ii) otherwise—a register— > > > > > > > > > (A) maintained by the licensee for this section, and > > > > > > > > > (B) in a form approved by the Secretary, and > > > > > (b) the licensee must ensure the information is recorded as soon as practicable, but no later than 24 hours, after becoming aware the intoxicated person was on the licensed premises. > > > (5C) Section 72L(4) and (5) apply to an incident register referred to in subsection (5B)(a)(ii) as if it were kept under section 72L. > > > (5D) The Secretary must— > > > > > (a) issue guidelines relating to the prevention of intoxication on licensed premises, and > > > > > (b) make the guidelines publicly available in a way 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). > > **s 73:** Am 2014 No 76, Sch 1 \[48\]–\[50\]; 2020 No 40, Sch 4.1\[30\]; 2025 No 73, Sch 1\[29\] \[30\].