Section 77 Liquor Act 2007 | Refusing to Leave Licensed Premises


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The Legislation

Section 77 of the Liquor Act 2007 (NSW) is concerned with Refusing to Leave Licensed Premises and is set out below.

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77 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:
(a) who is at the time intoxicated, violent, quarrelsome or disorderly, or
(b) whose presence on the licensed premises renders the licensee liable to a penalty under this Act, or
(c) who smokes, within the meaning of the Smoke-free Environment Act 2000, while on any part of the licensed premises that is a smoke-free area within the meaning of that Act, or
(d) who uses, or has in his or her possession, while on the premises any substance that the authorised person suspects of being a prohibited plant or a prohibited drug, or
(e) whom the authorised person, under the conditions of the licence or according to a term (of the kind referred to in section 134 or 136D) of a liquor accord, is authorised or required to refuse access to the licensed premises.

(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:
(a) remain in the vicinity of the premises, or
(b) re-enter the vicinity of the premises within 6 hours of being refused admission or being turned out.
Maximum penalty: 50 penalty units.

(9) Without limiting subsection (8), a person has a reasonable excuse for remaining in, or re-entering, the vicinity of the licensed premises if:
(a) the person reasonably fears for his or her safety if he or she does not remain in, or re-enter, the vicinity of the premises, or
(b) the person needs to remain in, or re-enter, the vicinity of the premises in order to obtain transport, or
(c) the person resides in the vicinity of the premises.

(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.