Refusing to Leave a Licensed Premises is an offence under Section 77 of the Liquor Act 2007 which is punishable by a $550 on-the-spot fine or a maximum penalty of $5,500 if the case is dealt with in court.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were validly refused admission to, or turned out of, a licensed premises
- The refusal was by an ‘authorised person’, and
- You remained on, or in the vicinity of, the premises, or attempted to re-enter the premises within 24 hours
You were validly refused admission to, or turned out of, a premises if:
- You were intoxicated, violent, quarrelsome or disorderly
- You were suspected of possessing or using a prohibited drug or plant on the premises
- You smoked in a smoke-free area on the premises
- Your presence would render the licensee liable to a penalty under the Act, or
- A condition of the licence otherwise required you to leave
An ‘authorised person’ is a licensee, employee or agent of a licensee, or police officer.
The ‘vicinity of the premises’ means within 50 metres of any boundary.
An authorised person may use a ‘reasonable degree of force’ to remove you.
He or she has discretion to exclude you beyond the 24 hour period.
A defence is that you had a ‘reasonable excuse’ for your conduct which is where:
- You reasonably feared for your safety if you were to leave the premises
- You needed to remain in or re-enter the premises to obtain transport, or
- You resided within the premises
The burden is on you to prove the reasonable excuse ‘on the balance of probabilities’.
Self-defence, duress and necessity are also defences.