Disorderly conduct and the responsible service of alcohol
Already completed your responsible service of alcohol (RSA) training but need a quick refresher?
This guide allows you to check and consolidate your knowledge. It covers:
- how to detect a disorderly patron
- what to do with a disorderly patron
- the risks disorderly patrons pose to the safety of staff and other patrons
- the penalties for selling or supplying alcohol to a disorderly person.
Then you can take our quiz to see how much you've remembered!
Note: This guide is designed to help hospitality workers revise their knowledge about RSA. It does not replace RSA training or certification.
Detecting and dealing with disorderly patrons
A person behaving in a disorderly manner, even if they are not drinking, can impact the enjoyment of other patrons and pose a risk to the safety of other patrons and staff at licensed premises and in the surrounding area. For these reasons it's important to know how to detect disorderly patrons and what to do once they have been identified.
Meaning of 'disorderly' behaviour
Disorderly behaviour is behaviour of an unruly nature that is contrary to public order or expectations. In simple terms, disorderly behaviour is behaviour that disturbs or interferes, or has the intention to disturb or interfere, with the comfort of others in a public setting, including in and around licensed venues. Examples of such behaviour include, but are not limited to:
- obnoxious behaviour
- behaviour that poses a safety risk to the person or others
- physical and verbal acts of aggression or violence
- indecent acts
- harassment
- offensive actions.
Note: While disorderly behaviour can be an indication of undue intoxication, a person does not need to be affected by liquor or other intoxicating substances in order to be disorderly.
Speech
Incoherent, rambling and slurring.Behaviour
Rude, offensive, overly friendly, annoying, confused, aggressive, violent and inappropriate.Balance
Unsteady on feet, staggering and swaying.Coordination
Spilling drinks, inability to find one's mouth with a glass, drowsiness and difficulty opening and closing doors.How to handle disorderly patrons
A disorderly patron can become violent, provoke violence from others, or cause injury to themselves and others. For these reasons, disorderly patrons must be refused service of alcohol, must not be allowed to consume alcohol and must be warned about their behaviour. Depending upon the seriousness of the behaviour, after being warned a licensee may choose to allow the disorderly patron to remain at the premises if they behave appropriately.
A licensee or permit holder and/or their staff can refuse entry or ask a person to leave if they are disorderly - it is an offence for a person to be disorderly on licensed premises.
If you ask a patron to leave the licensed premises, because they are being disorderly or causing a disturbance, they must do so immediately.
If the patron refuses to leave, or if they enter the premises after being refused entry, that patron commits an offence. In this case, the licensee or permit holder and/or their staff may use necessary and reasonable force to remove the patron.
For do's and don'ts when refusing service, read unduly intoxicated patrons and the responsible service of alcohol.
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[Voice over]
This is Davo. He's a working class man.
[Davo]
I'm a working class man.
[Voice over]
Davo's a bloke's bloke.
[Davo]
I'm a bloke's bloke.
[Voice over]
Davo loves the ladies.
[Davo]
Oh, I love the ladies!
[Voice over]
But the ladies don't particularly warm to Davo.
[Lady]
I don't particularly warm to you.
[Davo]
Don't cry about it four-eyes.
[Voice over]
Davo also loves hanging at this pub. But not today, because Davo's being a creep and has been warned.
[Animation]
Davo's sleazy approach turns to anger as he insults the lady. A bouncer escorts Davo out of the licensed premises. Davo regrets his behaviour.
[Jingle]
Whether they're just too cool,
or just a bit of a fool.
They've had too much to drink,
or just causing a stink.
They've no ID and underage,
or skolling a thousand flaming grenades.
It's responsible service that we're aiming for, so it's up to you to follow the law.
Also consider...
- Download our 'Follow the law' posters and LCD images.
- Learn more about RSA training.
- Read about responsible service of gambling (RSG) training.
- Find out more about refusal of service.
- Subscribe to our Inside Liquor and Gaming newsletter.
- Contact the Office of Liquor and Gaming Regulation.
Penalties for selling or supplying alcohol to a disorderly person
It is an offence to sell or supply liquor to a disorderly person on licensed premises. It is also an offence to allow a disorderly person to consume liquor on licensed premises.
The penalties listed below are current as at 1 July. The values change each year on this date.
Penalties for licensed venue staff and employers
| Offence | Penalty |
|---|---|
Supplying or allowing the supply of alcohol to a disorderly patron | $83,450 for the licensee, permit holder or approved manager $83,450 for any other person |
Allowing alcohol to be consumed by a disorderly person |
Read more about penalties for irresponsible service of alcohol.
Penalties for disorderly patrons
Penalties apply to the patron too, so by removing them from the premises you are doing them a favour!
| Offence | Penalty |
|---|---|
Disorderly person attempting to enter a licensed premises after being refused | $83,450 |
Disorderly person or a person causing a disturbance when refusing to leave a licensed premises | |
Disorderly person on licensed premises | $83,450 |
Also consider...
- Download our 'Follow the law' posters and LCD images.
- Learn more about RSA training.
- Read about responsible service of gambling (RSG) training.
- Find out more about refusal of service.
- Subscribe to the Inside Liquor and Gaming newsletter.
Quiz: Disorderly conduct and the responsible service of alcohol
Take our quiz to test your knowledge of responsible service of alcohol (RSA).
It's a great refresher if you already have RSA certification and work at a licensed venue.
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