Licensees need to be aware of their responsibilities not to allow drunk, violent or quarrelsome persons to enter or remain on their licensed premises. This page provides information on banning or barring patrons. Show
To assist licensees, there are three options available to licensees when it comes to banning or barring troublesome patrons. General powers to refuse a person entry to your premises Every licensee can refuse entry to any person, as long as the reason is not discriminatory. The licensee also has the right to ask any person to leave their licensed premises. No special laws or forms are required, but if a patron continues to be a problem or if a particular incident is severe enough, the licensee can carry out one of the more formal options below. Discuss banning a person under the local liquor accord This option is available to licensees who are members or signatories of a liquor accord agreement. Under the Liquor Control Reform Act 1998, members of a liquor accord may agree to ban a troublesome patron from all licensed premises of the participating accord licensees. In deciding to ban a patron from venues, licensees should:
Under the terms of a liquor accord, accord members may disclose basic information only among other accord members about the banned patron (e.g. person's name and the period of the ban) for communication and implementation. Licensees, responsible persons (any person in management or control of a licensed premises) and police have the power to issue a Barring Order that is enforceable by Victoria Police:
Barring Order bookletsA licensee can order Barring Order booklets (containing 25 carbon copy forms) by submitting an enquiry using the contact us form (please include 'Request for Barring Order booklet' and venue details such as premises name, address and liquor licence number). To issue a Barring Order, you must know the name of the person, and if possible, their address and date of birth. You must also maintain a record of the people you have barred under this process. There is space on the Barring Order booklet to record each person's details. For information about how to change or cancel a barring order, see Request to change or cancel a barring order. Designated AreasSome entertainment precincts in Victoria have been classified as Designated areas. Victoria Police have the power to ban a person from a designated area for up to 72 hours by issuing a banning notice. Victoria Police can either ban the person from all licensed premises in the designated area or from the designated area. Download the Barring powers fact sheet
Refusing to Leave a Licensed Premises is an offence under Section 77 of the Liquor Act 2007 which is punishable by a $550 on-the-spot fine or a maximum penalty of $5,500 if the case is dealt with in court. To establish the offence, the prosecution must prove beyond reasonable doubt that:
You were validly refused admission to, or turned out of, a premises if:
An ‘authorised person’ is a licensee, employee or agent of a licensee, or police officer. The ‘vicinity of the premises’ means within 50 metres of any boundary. An authorised person may use a ‘reasonable degree of force’ to remove you. He or she has discretion to exclude you beyond the 24 hour period. A defence is that you had a ‘reasonable excuse’ for your conduct which is where:
The burden is on you to prove the reasonable excuse ‘on the balance of probabilities’. Self-defence, duress and necessity are also defences. For accurate advice and exceptional representation from lawyers who are experienced in representing liquor licence holders, applicants and defendants call Sydney Criminal Lawyers® today on (02) 9261 8881. The Legislation77 Non-voluntary exclusion of persons from licensed premises(1) In this section:”authorised person” means a licensee, an employee or agent of a licensee or a police officer.”employee” includes, in the case of a registered club, a person engaged under a contract for services.”vicinity” of licensed premises means any place less than 50 metres from any point on the boundary of the premises. (2) An authorised person may refuse to admit to, or may turn out of, licensed premises any person: (3) If, under subsection (2), a person has been refused admission to, or has been turned out of, licensed premises, an authorised person may, at any time, refuse to admit that person to the licensed premises or may turn the person out of the licensed premises. (4) If a person in respect of whom an authorised person is, under subsection (2) or (3), entitled to refuse admission to the licensed premises is on the premises, the person must, on being required so to do by an authorised person, leave the premises. Maximum penalty: 50 penalty units. (5) For the purposes of this section, such reasonable degree of force as may be necessary may be used to turn a person out of licensed premises. (6) A person who has been refused admission to, or turned out of, licensed premises in accordance with this section because the person was intoxicated, violent, quarrelsome or disorderly, must not re-enter or attempt to re-enter the premises within 24 hours of being refused admission or being turned out. Maximum penalty: 50 penalty units. (7) After the 24-hour period ends in relation to any such person, an authorised person is not prevented from exercising the powers under subsection (3) in relation to the person. (8) A person who has been refused admission to, or turned out of, licensed premises in accordance with this section because the person was intoxicated, violent, quarrelsome or disorderly, must not,
without reasonable excuse: (9) Without limiting subsection (8), a person has a reasonable excuse for remaining in, or re-entering, the vicinity of the licensed premises if: (10) In the prosecution for an offence under subsection (8), the burden of proving that a person had a reasonable excuse for remaining in, or re-entering, the vicinity of the licensed premises concerned is on the person charged. (11) The functions that may be exercised under this section by an authorised person who is a licensee or employee or agent of a licensee may only be exercised in relation to the licensed premises to which the licensee’s licence relates. (12) A reference in this section to turning a person out of licensed premises includes a reference to causing the person to be turned out. (13) Nothing in this or any other section of this Act operates to limit any other right a person has to refuse to admit a person to, or to turn a person out of, licensed premises. Why Choose Sydney Criminal Lawyers®?Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with. Here are 12 reasons to choose our multi-award winning legal team:
Refusing to Leave a Licensed PremisesWhat happens if a patron refuses to leave?If a patron refuses to comply with a request under common law to leave a venue, they are committing an offence under the Inclosed Lands Protection Act 1901, and could also be exposed to civil liability for trespass.
What to do if an intoxicated customer refuses to leave?If the person refuses to leave then you should contact police for assistance in removing the person from the premises. If considered necessary, management may consider imposing a short term ban.
Who are 3 types of customer to whom alcohol service must be refused?3.3 Identify customers to whom sale or service must be refused according to state and territory legislation, including minors, those purchasing on behalf of minors, intoxicated persons, and persons affected by the consumption of illicit and other drugs.
Who can be fined for serving alcohol to an intoxicated person Vic?Licensees may be fined in excess of $17,000 or be issued with a fine on the spot through an infringement notice. It is also an offence for other persons to obtain alcohol or aid and abet an intoxicated person, with a maximum fine exceeding $2,000.
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