6.1 Service to Minors, Intoxicated & Disorderly Patrons

Why This Topic Matters

US 16705 Performance Criterion 2.1 requires a duty manager to demonstrate knowledge of the legal requirements and offences relating to three categories of patron who must NOT be served: minors, intoxicated persons, and disorderly persons. These are the most frequently examined offences in the LCQ because they are the day-to-day refusal-of-service decisions a duty manager makes on every shift. Getting any of these wrong exposes the licensee to a 7-day suspension, exposes the manager personally to a $10,000 fine and the loss of their certificate, and—after three holdings within three years—triggers mandatory cancellation under ss289-290 (covered in 6.2).

Minors — The Purchase Age Rule

The purchase age for alcohol in New Zealand is 18. A minor is any person under 18. The core offence is in section 239 of the Sale and Supply of Alcohol Act 2012 (the Act):

• s239(1) — A licensee or manager who sells or supplies alcohol, or allows alcohol to be sold or supplied, on or from licensed premises to a person under the purchase age commits an offence.
• s239(2) — Any other person who sells or supplies alcohol to a minor on licensed premises also commits an offence.

Penalties (s239(3)-(4))

The Evidence-of-Age Defence

Section 239(6) and (7) provide a defence if the seller (a) saw an approved evidence-of-age document, believed on reasonable grounds it was genuine and related to the customer and showed they were 18+, or (b) verified age using an approved evidence-of-age system in the approved manner. The approved documents are set by the Sale and Supply of Alcohol Regulations 2013 (reg 4):

1. A current New Zealand driver licence (issued under the Land Transport Act 1998)
2. A Kiwi Access Card — issued by Hospitality New Zealand; this replaced the 18+ Card (existing 18+ Cards remain valid for 10 years from issue)
3. A current passport — New Zealand or overseas

Exam trap: An overseas driver licence is NOT an approved evidence-of-age document in NZ. An overseas passport IS acceptable. Do not confuse the two.

Industry practice is to ID anyone who looks under 25 — a buffer that protects staff against misjudging a 17-year-old who looks 19. The $250 infringement fee under s257 applies to a patron who presents a fake or fraudulently-presented evidence-of-age document.

Where Minors May Be Present

Minors may be present in a supervised area only when accompanied by their parent or legal guardian. Minors may not be present in a restricted area at all. A parent or guardian may supply alcohol to their own minor child at a private gathering (s241, with a responsible-manner defence), but a licensee may not sell or supply alcohol to a minor on licensed premises on the basis of parental consent—the s240 exemption is narrow and does not authorise the licensee to serve the minor.

Intoxicated Persons

Three distinct offences protect intoxicated patrons:

Related: s250 (manager intoxicated on duty — up to $4,000) and s251 (employee intoxicated on duty — up to $2,000).

The Statutory Definition of Intoxication (s5)

A person is intoxicated if 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 (e.g. flushed, sweating, bloodshot eyes, dishevelled)
2. Behaviour is impaired (e.g. aggressive, overly friendly, drowsy, emotional)
3. Coordination is impaired (e.g. stumbling, swaying, dropping things)
4. Speech is impaired (e.g. slurred, loud, rambling)

Exam trap: One sign alone is not enough. The duty manager must be able to point to two or more observable signs to justify refusing service or removing a patron under the statutory definition.

The Place-of-Safety Defence (s252(3))

It is a defence to a charge under s252(1) if, as soon as the manager or any employee became aware of the situation, reasonable steps were taken to either:

• (a) take the intoxicated person to a place of safety on the licensed premises; or
• (b) remove the person from the licensed premises.

A place of safety is an alcohol-free area, away from the bar, away from drinking friends, where staff can keep the patron under observation while safe transport is arranged. The patron does not commit an offence merely by being intoxicated.

Disorderly Persons (s253)

Section 253 makes it an offence for a licensee or manager to allow any violent, quarrelsome, insulting, or disorderly conduct on licensed premises — maximum fine $10,000. The same statutory defence applies (s253(3)): reasonable steps to place the person in a place of safety or remove them.

The Duty Manager's Decision Flow

flowchart TD
    A[Patron presents at bar] --> B{Looks under 25?}
    B -- Yes --> C[Request approved ID]
    C -- No valid ID --> D[Refuse service — s239 risk]
    C -- Valid ID, 18+ --> E[Assess for intoxication]
    B -- No --> E
    E -- 2+ signs of intoxication --> F[Refuse service — s248]
    F --> G[Offer water, place of safety, arrange transport — s252(3) defence]
    E -- No intoxication --> H[Serve responsibly]
    H --> I{Disorderly behaviour?}
    I -- Yes --> J[Warn, then remove — s253]
    I -- No --> K[Continue service]

Realistic Scenario

A group of four arrives at 11 pm. One is swaying slightly and speaking loudly (signs 1 and 2 — coordination and speech). The duty manager observes two or more signs and instructes staff to refuse further alcohol under s248, offer water, move the patron to a quiet alcove (place of safety), and arrange a taxi. Even if police arrive and find the patron intoxicated on the premises, the manager has engaged the s252(3) defence by taking reasonable steps. Had the manager continued service, both the s248 sale offence and the s249 "allowing to become intoxicated" offence would apply.