8.1 Recognising & Assessing Intoxication

Why This Matters

A duty manager who allows an intoxicated person to remain on licensed premises commits an offence under s252 of the Sale and Supply of Alcohol Act 2012 (fine up to $5,000). The only statutory defence, s252(3), is taking "reasonable steps" — either moving the person to a place of safety on the premises or removing them. You cannot take those steps if you cannot recognise intoxication in the first place. NZQA US 16705 PC 3.3 requires you to demonstrate that you can identify the behaviours indicating intoxication and apply a structured assessment technique.

The Legal Definition of Intoxication (s5)

Section 5 of the Act defines intoxication precisely. A person is intoxicated if they are observably affected by alcohol, other drugs, or other substances to such a degree that two or more of the following are evident:

1. Appearance is affected
2. Behaviour is impaired
3. Co-ordination is impaired
4. Speech is impaired

Three things to notice. First, the test is observable — what a reasonable server can see and hear, not a blood-alcohol reading. Second, two or more categories are required; one sign alone does not meet the threshold. Third, the cause can be alcohol, other drugs, or other substances — a patron affected by prescription medication or illicit drugs is "intoxicated" for the Act's purposes just as much as a patron affected by beer.

The SCAB Tool

Trainers commonly teach the SCAB mnemonic to mirror the s5 categories:

• Speech
• Coordination
• Appearance
• Behaviour

If you observe signs in two or more SCAB categories, the s5 definition is satisfied and you must act.

Observable Signs by Category

No single sign is conclusive. A flushed face on a hot day or slurred speech from a dental anaesthetic can mislead. The two-or-more rule is the statutory protection against false positives.

The 3-Stage Intoxication Assessment Tool

The standard host-responsibility assessment is the Intoxication Prevention Tool published by Te Whatu Ora in The Manager's Guide, and it uses three stages — 1 SOBER (monitor), 2 INFLUENCED (intervene), 3 INTOXICATED (deny and remove). The key is continuous observation — baseline the patron on arrival, then reassess throughout the visit.

Notice the middle stage. The law does not require you to wait for the third stage before acting — and good practice says you should not. Intervening at "Influenced" is what prevents the harder "Intoxicated" situation from ever arising.

Assess the Person, Not the Drinks

A common error is counting drinks and comparing to a notional limit. BAC and drink-count are NOT the test under the Act. The same two drinks can leave a 50 kg person on an empty stomach showing clear signs, while a 100 kg person after a meal shows none. Body size, food intake, hydration, fatigue, medication, tolerance, and rate of drinking all change how alcohol presents. The legal test is the individual's observable presentation, not a number. You assess the patron, not the pint.

Documenting in the Incident Logbook

Every intervention — a slowed service, a refusal, a removal — should be recorded in the incident logbook. A good entry captures:

• Time of the incident
• Patron description (no name needed)
• Signs observed in each SCAB category
• Action taken (slowed service / refused / removed / taxi called)
• Staff involved
• Any police involvement

The logbook is your legal memory. If a charge is laid under s252 or s248 (sale to an intoxicated person), the logbook entry is evidence that you recognised intoxication and took reasonable steps — the foundation of the s252(3) defence. Inspectors and police may request it.

Worked Scenario

A group of four arrives at 9 pm for a work function. The duty manager baselines each on entry: one is loud and laughing but steady on his feet, with no other signs — Influenced, one category (behaviour) only. The manager tells the server to slow that patron's pace, bring water with each round, and check back in 30 minutes. By 11 pm the same patron is slurring (speech), swaying at the bar (coordination), and flushed (appearance) — three SCAB categories, s5 clearly met. The manager refuses further alcohol, walks him to a quiet booth near the kitchen (a place of safety), and calls a taxi. The logbook entry records the 9 pm baseline, the 11 pm signs in three categories, the refusal, the place-of-safety step, and the taxi time. If a charge were laid under s252, that entry is the s252(3) defence.

Exam Traps

• One sign is not enough. s5 requires two or more categories. A single flushed face does not equal intoxication.
• "Other drugs" counts. Intoxication is not alcohol-only. A patron affected by cannabis or sedatives is intoxicated.
• The test is observable signs, not BAC. Do not let an exam option tell you a breathalyser reading is required.
• Intervene at "Influenced", not only at "Intoxicated". The assessment tool has three stages for a reason.
• Baseline on arrival. You cannot assess change without a baseline; continuous observation is the technique, not a one-off check.