Drunk and Disorderly: When Does Being Drunk Become a Legal Problem?

It is not unusual for alcohol to be part of a Schoolies celebration. But a person who becomes heavily intoxicated may quickly find themselves dealing with police, particularly if their behaviour starts affecting other people.

Being drunk does not automatically mean someone has committed a criminal offence. But depending on what the person does, where they are and how their behaviour affects others, different laws can apply.

When Does Being Drunk Become an Offence?

While being intoxicated in a public place is no longer an offence in of itself in Queensland, displays of public intoxication may still arouse criminal liability through other offence provisions.

Section 6 of the Summary Offences Act 2005 (Qld) provides for a person may commit a public nuisance offence if they behave in a disorderly, offensive, threatening or violent way and their behaviour interferes, or is likely to interfere, with another person's peaceful passage through or enjoyment of a public place.

‘Disorderly’ and ‘offensive’ conduct covers behaviour likely to cause a disturbance, or to annoy or insult others deeply enough to warrant police intervention, as well as the use of obscene, indecent or abusive language.

The term ‘public place’ has a broad meaning, and includes places where you may have to pay an entry free such as a nightclub or an event.

While not an offence, under section 53BP of the Police Powers and Responsibilities Act 2000 (Qld), police have the power to detain a person who they are satisfied is intoxicated, and detaining them is necessary because the person is acting in a disorderly, offensive, threatening or violent way. Persons held under this provision must be detained until they are satisfied the person is no longer intoxicated, or eight hours has passed since first being detained.

What If It Happens at a Pub or Other Licensed Venue?

Different rules can apply inside licensed premises.

Under the Liquor Act 1992, a person must not be drunk or disorderly, or create a disturbance, on licensed premises.

Licensed venues can also require a person to leave if they are unduly intoxicated, disorderly or creating a disturbance. Once required to leave, the person must do so.

This means that an argument at a venue, refusing to leave when directed, or continuing disruptive behaviour after venue staff intervene can create additional legal issues.

What Happens When Police Become Involved?

Police have powers to deal with intoxicated people in public places.

Depending on the circumstances, police may detain an intoxicated person where they are satisfied that detention is necessary because the person's behaviour is disorderly, offensive, threatening or violent and is likely to interfere with other people's peaceful use of the public place.

Police may also investigate whether the person's behaviour amounts to another offence, such as public nuisance, assault, property damage or an offence involving alcohol or drugs.

What Should You Remember?

Being intoxicated does not automatically mean a person has committed a serious criminal offence. But alcohol can contribute to behaviour that creates legal consequences.

The important questions can include:

• Where did the conduct happen?

• How intoxicated was the person?

• What did they actually do?

• Did their behaviour affect other people?

• Did they comply when police or venue staff intervened?

A night that starts with drinking can become a criminal matter if the behaviour crosses the line into disorderly, threatening or violent conduct.

Want to Know More About the Rules?

• Summary Offences Act 2005 – Queensland legislation covering intoxication in public places and public nuisance offences.

• Liquor Act 1992 – Rules applying to behaviour and intoxication on licensed premises.

• PPRA section 53BP – Law on police detention of intoxicated persons

• Queensland Police – Alcohol and public safety – Information about police powers and alcohol-related incidents.

Have a question about Schoolies and the law?

Submit your question through our Schoolies Week Legal Enquiry Form and our Crime & Misconduct team may address it as part of our Schoolies legal awareness series. Submit your question here.