Effective date: 7 June 2011 Last amended: 3 October 2018Next review: January 2021
This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided
on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.
This guideline explains the provisions of the Liquor Control Act 1988 (‘the Act’) that can be relied upon by licensees and other authorised persons to refuse service to people.
Section 115(4) of the Act provides authority for:
The reasons that an authorised person might refuse entry, remove a person from premises, or refuse to sell liquor to a person, are set out in section 115(4a) of the Act, and include:
Apart from the provisions of section 115(7), the Act does not state how long a person can be refused entry or service. It does not say whether a person can be refused service for a matter of days, weeks, months or longer.
As a general rule, any decision to refuse service should match the seriousness of the disturbance caused.
In making any decision to refuse entry, remove a person or to refuse to serve a person, licensees should adopt a conciliatory approach. For example, the person concerned should be informed of the reason(s) why they are being refused service and for how
A Barring Notice can be issued by the Commissioner of Police on the recommendation of a Police Officer or at the request of a licensee and can prohibit a person from entering a specified licensed premises, licensed premises of a particular class or any
Barring notices can be issued to persons who display anti-social behaviour in or in the vicinity of a licensed premises.
Anti-social behaviour includes a person who:
It is an offence for a barred person to enter or remain on the licensed premises to which the barring refers to – penalty of $10,000.
It is also an offence if a responsible person[i] knows that a barring notice has been issued and permits the barred person to enter or remain on the licensed premises contrary to the
barring notice – penalty of $10,000.
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