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Public drunkenness offences
Victoria’s Summary Offences Act 1966 (link below) lists a number of offences that the police can charge you with if they think you are drunk while in a public place. The Act also covers the law about cycling while drunk.
Police may think that you are drunk if your speech, co-ordination, balance or behaviour is noticeably affected and they think this is because you have been drinking alcohol.
Offences
Drunk in a public place
If the police think you are drunk in a public place they may arrest you and place you in custody. They may do this if they think it is necessary for your safety.
Drunk and disorderly in a public place
‘Disorderly’ behaviour is acting in a way that disturbs the peace or interferes with the comfort of people who may be nearby.
You can be charged if the police think your behaviour is intended to disturb, even if no one is actually disturbed by it.
Drunk and behaving in a riotous or disorderly manner.
Riotous behaviour is behaviour that frightens a member of the public and makes them fear that some breach of the peace is likely to occur.
Disorderly has the same meaning as above, but the police may charge you with this, more serious, offence if they think your disorderly behaviour is severe.
Controlling alcohol-related violence in public places
Police now have power to ban ‘troublemakers’ from some places where alcohol-related violence has happened before. People can only be banned from areas that have been identified as a trouble spot or ‘designated area’.
You can be banned for up to 24 hours if police suspect you have committed an offence, such as:
- violent or disorderly behaviour
- sexual offences
- destruction of property
- carrying a prohibited weapon near a licensed place.
If you are found guilty of committing one of the listed offences within a designated area, the court can order you to stay away from that area for up to 12 months.
Getting barred from a licensed place
From 1 August 2011, you can be issued with a barring order if you are in a licensed place (like a bar, restaurant or night club) and:
- you are drunk, violent or arguing
- someone in authority believes that there is a serious or immediate risk that someone will be harmed because you have been drinking.
The order can be issued by the police, licence or permit holder or an employee.
If you get a barring order you must not go closer than 20 metres to the place you were barred from.
You can be barred for up to one month if it is your first order. If you have been barred more than once you can be barred for up to six months.
You are breaching (breaking) the order if you:
- refuse to leave the licensed place
- go closer than 20 metres to the place during the time that you are barred.
Breaching an order is an offence to and you can get a fine.
On-the-spot fines
Police can issue on-the-spot fines for public drunkenness or for breaching a barring order.
Police can also issue fines on-the-spot or by post to people aged over 18 for a number of common offences, including:
- indecent language
- offensive behaviour
- consuming or supplying liquor on unlicensed premises
- failure to leave licensed premises when requested.
If you do not pay the fine or take other action by the due date it may end up costing you more money. See ‘Options for dealing with fines’ (link below).
More information
Drunkenness offences – police and court procedures
Options for dealing with fines
Related publications
Your rights: police powers in Victoria
Related legislation
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
To find out more about any of our legal services see What we do.
Who else can help?
Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.