Intoxicated Patron Scenario for Crowd Controllers (NSW)

In the beer garden, a man is slurring his words, swaying and knocking over glasses. Bar staff tell you they have stopped serving him.

1. With a colleague, approach him calmly, speak quietly, and tell him he needs to leave the venue now. Offer to help him get a taxi or contact a friend.
   Why?

   Best practice. Good. Under the Liquor Act 2007, s. 5, a person is intoxicated when their speech, balance, co-ordination or behaviour is noticeably affected and it is reasonable to believe this is from alcohol. It is an offence to allow an intoxicated person to remain on licensed premises, and s. 77 lets an authorised person, such as security acting for the licensee, turn out an intoxicated person.

2. Ask the duty manager to deal with it while you watch from the door.
   Why?

   Acceptable. Weaker. Telling the manager is right, but the venue needs the intoxicated man to leave, and security is there to help with that. Waiting leaves an intoxicated person on the premises for longer.

3. Sit him down with a glass of water and let him stay until closing time.
   Why?

   Unsafe or not allowed. Wrong. NSW guidance says an intoxicated person may stay only if they need medical help and it has been sought, or they need transport and it has been arranged. Otherwise they must leave. Letting him stay until closing breaks the law.

He says he is fine, refuses to leave, and starts swearing loudly at you. He has not tried to hit anyone.

1. Stay calm and keep a safe distance. Clearly ask him once more to leave, tell him he must not come back tonight, and ask the manager to call police for help.
   Why?

   Best practice. Correct. NSW guidance says that if an intoxicated person refuses to leave, the venue should contact, or try to contact, police for help removing them. NSW Police say failing to leave is only an offence after the person has been asked to leave and stays, so make the request clear.

2. Keep arguing with him about how drunk he is.
   Why?

   Acceptable. Weaker. Arguing usually makes things worse. A clear, calm request to leave and a call to police for help is safer and is what the law and NSW guidance describe.

3. Grab him around the neck and drag him out of the beer garden.
   Why?

   Unsafe or not allowed. Excessive and dangerous. The Liquor Act allows only a reasonable degree of force, as necessary, to turn a person out. A neck hold on someone who is only swearing is not reasonable and can cause serious injury.

Police are on the way. He stands up, says fine, and heads for the exit, but he stumbles at the top of the stairs.

1. Walk beside him with your colleague, help him down the stairs safely, and once outside help him find a taxi or contact a friend.
   Why?

   Best practice. Best. Removing someone does not end your duty to keep people safe. NSW guidance allows an intoxicated person to wait in a quiet, well-lit area under supervision while transport is arranged, and helping him leave safely protects him and the venue.

2. Let him go down the stairs on his own and watch from the top.
   Why?

   Acceptable. Weaker. He is leaving, which is what you asked, but he is unsteady and could fall. A little help on the stairs is safer for everyone.

3. Push him towards the stairs to hurry him along.
   Why?

   Unsafe or not allowed. Unsafe. He is already leaving. Pushing an unsteady person near stairs is not reasonable force and could cause a serious fall.

Ten minutes later, he is back at the front door and tries to walk in again.

1. Calmly refuse entry and remind him he cannot come back tonight. Tell the arriving police what has happened.
   Why?

   Best practice. Correct. Under s. 77, a person who has been turned out can be refused entry at any time. NSW guidance says a removed person must not enter or try to enter the venue for 24 hours, and must not stay within 50 metres of it, or come back within 50 metres for 6 hours, without a reasonable excuse.

2. Refuse entry, then leave the door on your own to go inside and look for the phone he says he lost.
   Why?

   Acceptable. Weaker. Refusing entry is right, and a staff member can look for a lost item while he waits outside. But leaving the door unattended leaves him and the queue without supervision. Ask a colleague to look while you stay at the door.

3. Shove him back hard and tell him what will happen if he comes back.
   Why?

   Unsafe or not allowed. Wrong. Refusing entry does not need force or threats. Shoving and threatening him could be an assault and lead to a complaint against you.

Police speak to him and he leaves. Your shift ends in an hour.

1. Make sure the ejection is recorded in the incident register before your shift ends, with the times and facts, and tell the duty manager so the venue's own record is complete.
   Why?

   Best practice. Correct. Under the Security Industry Regulation 2016, cl. 34, an incident where a class 1A licensee ejects a person or directs them to leave must be recorded as soon as practicable and before the shift ends. NSW guidance also asks venues to record intoxication incidents in their incident register.

2. Tell the manager about it and leave the register entry for your next shift.
   Why?

   Acceptable. Weaker. Telling the manager helps, but the incident register entry must be made before the end of the shift in which the incident happened.

3. Write in the register that he was violent, to make the ejection look more justified.
   Why?

   Unsafe or not allowed. Never do this. The register must be honest. A false record can be exposed by CCTV and witnesses, and breaking the rules for your licence can lead to penalties, including suspension or revocation of your licence.