On Tuesday 26 August 2014, the Safe Night Out Legislation Amendment Bill 2014 was passed by the Queensland Government. This resulted in a number of amendments to the Liquor Act 1992, including amendments to the definitions of 'unduly intoxicated' and 'unreasonable noise', and the compliance obligations of licensees in relation to these.
Definition of 'unduly intoxicated'
Intoxication can now be the result of the consumption of liquor, drugs or another intoxicating substance. The definition has also been clarified in terms of the indication of undue intoxication.
A person is now considered unduly intoxicated if:
- the person's speech, balance, coordination or behaviour is noticeably affected; and
- there are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.
Definition of 'unreasonable noise'
Under the Act, unreasonable noise now means noise that:
- exceeds the limits (if any) prescribed by regulation; or
- contravenes a compliance order that applies to the premises; or
- contravenes a condition that applies to the licence or permit for the premises