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Intro

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Purpose

This factsheet sets out the circumstances in which a person who has not met the licensee’s reasonable standard of dress requirements may be refused the service of alcohol, denied entry, requested to leave, or even removed from a licensed premises.

Objectives

The Liquor Control Act 1988 (LC Act) allows a licensee to set requirements for the dress standards which must be met by those present on the licensed premises, so that any person who does not meet these standards can be: 

  • refused the service of alcohol 
  • refused entry 
  • required to leave, or if they do not leave when requested, removed from the licensed premises with whatever force may be reasonably necessary.1

For convenience, these powers will be called the powers of refusal. For these to apply, the dress standards must be reasonable and have been conspicuously displayed at each entrance to the part of the premises where the dress standards applies.2 

Only authorised people can exercise the powers of refusal. Authorised people include the licensee, a manager or other person engaged or employed by the licensee, an occupier of the premises, a police officer 3 a licensed crowd controller who has been authorised in writing by the licensee, occupier or manager of the licensed premises to allow them to remove a person from a licensed premises.4

On the request of an authorised person, a police officer is to prevent the entry of, or remove from the licensed premises, any person who has been refused entry, or been asked to leave and refused to do so.5 

For more information about the other circumstances in which the powers of refusal may be exercised, refer to the factsheet Refusal of service — powers of licensees.

Offences which apply to the person removed from the premises 

A person who has been required by an authorised person to leave the premises commits an offence if they do not do so and is subject to a fine of $5000.6

Any person who was refused entry, removed or required to leave commits an offence subject to a fine of: 

  • $5000 if they remain adjacent to the licensed premises on a footpath, or area under the control of the licensee7
  • $2000 if they re-enter the premises within 24 hours. The licensee or manager may request any other person to remove the person who re-entered the premises, using such force as may be reasonably necessary.8
It is good practice for licensees to apply a minimum standard of dress to either the whole, or part, of their premises. The following is an example of wording that licensees may wish to incorporate: 

Management reserves the right to refuse admission or service to any person failing to comply with the following dress requirements:
  • neat casual dress and footwear to be worn at all times
  • no insignia of identified organisations under the Criminal law (Unlawful Consorting and Prohibited Insignia Act 2021.9

Some licensees within particular communities (and with the support of police) have agreed to adopt a uniform dress standard under the terms of their local liquor accord. While licensees are encouraged to enter into similar voluntary arrangements, this is not always possible. Licensees can consider asking the Director of Liquor Licensing to impose a dress standard as a condition of the licence. 

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s115(4)
  2. LC Act s115(4a)(c)
  3. LC Act s3(1)
  4. Lc Act s126C(2)
  5. LC Act s115(8)
  6. [1] Lc Act s115(4B)
  7. LC Act s115(6)
  8. LC Act s115(7)
  9. See Schedule 2 of the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 for a full list. 
Page reviewed 28 August 2024
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