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Section 5 Liquor Act 2007
Definition of Intoxicated

Section 5 of the Liquor Act 2007 (NSW) is concerned with Definition of Intoxicated and is set out below.

For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers® today on (02) 9261 8881.

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 Director-General 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 Director-General considers appropriate.

(4) The guidelines issued by the Director-General may also indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of this Act.

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