Those of you who have read the VCAT decision in AUSTLII may have...

Those of you who have read the VCAT decision in AUSTLII may have been concerned about the very subjective definition of "Intoxication" and how police opinion was accepted in preference to the opinion of the Manager that certain persons were NOT intoxicated.

The following link provides "Intoxication Guidelines" to assist people in the liquor industry to responsibly serve alcohol. The guidelines contain information about how to determine if a person is in a state of intoxication and should be refused service of alcohol.

http://www.superiordetection.com.au/downloads/information/residential_commercial/Responsible%20Serving%20of%20Alcohol%20-%20Intoxication.pdf

Intoxication
Not all people will be affected by alcohol in the same way and different amounts of alcohol can have a different affect depending on the person. Several factors, such as the amount of alcohol consumed, general state of health, gender, body weight, medications and food intake, affects the rate at which a person becomes intoxicated.

Alcohol is distributed throughout the water in the body, but not into fatty tissue. A person's water content affects
the rate at which alcohol is metabolized: the higher the water content, the more alcohol absorbed.
For example, women, whose bodies typically have a lower percentage of water content, show signs of intoxication more quickly.

Conditions that exhibit similar symptoms/signs to intoxication:
In Victoria, it is unlawful to treat someone unfairly or discriminate against them on grounds of their actual or assumed disability. You need to be aware that certain types of disabilities can create the impression that a person is intoxicated.

Prior to refusing service on the basis that a person is intoxicated, you must be able to rule out various medical conditions and disabilities which cause symptoms similar to intoxication. For example possible illness or injury or medical conditions such as brain trauma, hypoglycaemia or pneumonia.

Sometimes physical and mental disabilities can exhibit some of the same signs and symptoms as alcohol intoxication. An example of such a disability is Acquired Brain Injury,which amongst other things, affects gait, slurs and slows speech and affects motor responses, all of which can be characteristics of intoxication. It is important that you consider the possibility of the existence of any of the above conditions prior to refusing service on the basis that a person is intoxicated.

PPN APPEAL
In PPN's case at VCAT, the police have alleged that certain persons were "intoxicated". Unless those allegedly intoxicated persons were arrested, charged & their blood alcohol measured, how do we know that they were not just sober speech impaired persons having a night out? A much higher standard of proof of "intoxication" should be required from Commissioner Overwhelmed's crew.

I note the High Court decision of CAL No 14 Pty Ltd v Motor Accidents Insurance Board [2009] HCA 47. At paragraph 54 of that decision, their honours stated :

" ...... It is not against the law to drink, and to some degree it is thought in most societies - certainly our society - that on balance and subject to legislative controls public drinking, at least for those with a taste for that pastime, is beneficial. As Holmes J, writing amidst the evils of the Prohibition era, said: "Wine has been thought good for man from the time of the Apostles until recent years".
Almost all societies reveal a propensity to resort to alcohol or some other disinhibiting substance for purposes of relaxation. Now some drinkers are afflicted by the disease of alcoholism, some have other health problems which alcohol caused or exacerbates, and some behave badly after drinking. But it is a matter of personal decision and individual responsibility how each particular drinker deals with these difficulties and dangers. Balancing the pleasures of drinking with the importance of minimising the harm that may flow to a drinker is also a matter of personal decision and individual responsibility. It is a matter more fairly to be placed on the drinker than the seller of drink.