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Section 78 Liquor Act 2007
Banning Orders

Section 78 of the Liquor Act 2007 (NSW) is concerned with Banning Orders and is set out below.

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 Legislation

78 Banning orders

(1) The Authority may, by order in writing given to a person, prohibit the person from entering or remaining on the licensed premises specified in the order.

(2) An application for an order under this section may be made by:
(a) the Director-General, or
(b) the Commissioner of Police, or
(c) a licensee who is a party to a local liquor accord, or
(d) any other person (or class of persons) prescribed by the regulations.

(3) The application must be in the form approved by the Authority.

(4) The Authority may make such an order under this section only if the Authority is satisfied that the person the subject of the proposed order has repeatedly been intoxicated, violent, quarrelsome or disorderly on or in the immediate vicinity of licensed premises.

(5) The regulations may prescribe other circumstances in which the Authority is authorised to make an order under this section.

(6) An order under this section must specify a period (not exceeding 6 months) during which the order is in force.

(7) In deciding whether to make an order under this section, the Authority is not to take into consideration the person’s race or ethnic or national origins.

(8) A person who is the subject of an order under this section must not enter or attempt to enter, or remain on, the licensed premises to which the order relates. Maximum penalty: 50 penalty units.

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Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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