Refusal of service

Purpose

This factsheet explains the provisions of the Liquor Control Act 1988 (the LC Act) that licensees can rely on to refuse service to certain people.

Behaviours and people that are not permitted on licensed premises

It is an offence for licensees to permit drunkenness or violent, disorderly or indecent behaviour on the licensed premises. It is also an offence to permit any illegal activity on the premises, or a person who is, or is reputed to be a thief, prostitute, or drug dealer. The penalty for breaching this requirement is $10,000 for the licensee or a manager, and $4000 for any other employee.¹

In limited circumstances licensees and authorised people have powers under the LC Act to:

• refuse to sell alcohol to a person
• refuse entry to a person
• require a person to leave the premises, and if this request is not complied with, to remove them using such force as may reasonably be necessary.²

The limited circumstances in which these powers of refusal may be used are that a person is:

• drunk, or appears to be drunk
• behaving offensively
• not meeting the licensee’s reasonable standard of dress requirements, which were conspicuously on display in the licensed premises (for more information, see the policy Dress standards for licensed premises)
• believed on reasonable grounds to be unlikely to pay
• known to be quarrelsome or disorderly
• believed on reasonable grounds to be seeking to obtain alcohol by begging
• a thief, prostitute, drug dealer or person convicted of a drug or violent crime punishable by a prison term longer than 3 years, or an associate of such a person
• someone who is likely to cause the licensee to commit an offence under the LC Act if they are provided service, or appears to be such a person (for example, someone subject to a barring notice)
• seeking to enter or remain on the licensed premises when it is closed or should be closed
• requesting service on a part of the premises where the licensee is not authorised to provide that service, or is set aside for the purposes of a private function.³

In addition to the licensee, an authorised person who may use these powers includes a manager or other person engaged or employed by the licensee, an occupier of the premises, or a police officer.

A licensed crowd controller who is engaged to provide crowd controller services must be specifically authorised by the licensee, occupier or manager of the licensed premises by written notice in order for them to remove a person from a licensed premises or request that another person do so.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

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, 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. They may be removed using such force as may be reasonably necessary, by any person requested by the licensee or manager to do so.⁸

Barring notices

If the Commissioner of Police believes on reasonable grounds that, on or near licensed premises, a person has been violent or disorderly, engaged in indecent behaviour or contravened a written law, he or she may give that person a barring notice prohibiting them from entering a specified licensed premises, or a class of licensed premises.⁹ The Commissioner of Police may delegate this function to a police officer at or above the rank of Inspector.¹⁰

It is an offence for a barred person to remain on a licensed premises to which the barring refers, subject to a penalty of $10,000.

If a responsible person in relation to a licensed premises knows that a barring notice is in effect for a person and permits them to enter or remain on the premises, it is an offence subject to a fine of $10,000.

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 s6(1)(o)
2. LC Act s115(4)
3. LC Act s115(4a)
4. LC Act s126C
5. LC Act s115(8)
6. LC Act s115(4B)
7. LC Act s115(6)
8. LC Act s115(7)
9. LC Act s115AA(2)
10. LC Act s115AB(1).