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Section 76 Liquor Act 2007
Self Exclusion of Patrons

Section 76 of the Liquor Act 2007 (NSW) is concerned with Self Exclusion of Patrons 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

76 Self-exclusion of patrons from licensed premises

(1) A person (“the participant”) may request a licensee to enter into an agreement (“a self-exclusion agreement”) with the person under which the person agrees to be prevented from entering or remaining on the licensed premises specified in the agreement.

(2) A self-exclusion agreement is to be in the form approved by the Authority. The approved form may contain specified requirements that must be complied with in relation to such an agreement, including specifying the circumstances in which licensees are required to comply with a request to enter into an agreement. The approved form may also include provision for the manner in which a self-exclusion agreement may be terminated by the parties to the agreement.

(3) If a request is made by a person to enter into a self-exclusion agreement, the licensee must enter into the agreement if the circumstances in which the request is made comply with the circumstances specified in the form approved by the Authority.

(4) A self-exclusion agreement may, if the licensee who enters into the agreement is participating in a liquor accord, also apply in relation to any or all of the other licensed premises that are subject to the accord, but only if those other premises are specified in the agreement. In any such case, the licensee of each of the premises is taken to have entered into the agreement concerned.

(5) Each of the parties to a self-exclusion agreement is required to comply with the terms of the agreement.

(6) It is lawful for a responsible person for licensed premises specified in a self-exclusion agreement, using no more force than is reasonable in the circumstances:
(a) to prevent the participant from entering the licensed premises, and
(b) to remove the participant, or cause the participant to be removed, from the licensed premises.

(7) No civil or criminal liability is incurred by a responsible person for licensed premises to which a self-exclusion agreement relates (or, in the case of club premises, by the registered club itself):
(a) for any act done or omitted to be done in good faith, and in accordance with this section, to or in respect of the participant concerned, or
(b) if the participant enters or remains on the licensed premises to which the agreement relates.

(7A) This section does not limit or otherwise affect the civil liability of a person for negligence that causes personal injury to a person or the death of a person.

(8) This section does not affect the operation of any self-exclusion scheme under section 49 of the Gaming Machines Act 2001.

Why Sydney Criminal Lawyers®?

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.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

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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