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Refusing to Leave a Licensed Premises

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:

  1. You were validly refused admission to, or turned out of, a licensed premises
  2. The refusal was by an ‘authorised person’, and
  3. 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:

  1. You were intoxicated, violent, quarrelsome or disorderly
  2. You were suspected of possessing or using a prohibited drug or plant on the premises
  3. You smoked in a smoke-free area on the premises
  4. Your presence would render the licensee liable to a penalty under the Act, or
  5. 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:
  1. You reasonably feared for your safety if you were to leave the premises
  2. You needed to remain in or re-enter the premises to obtain transport, or
  3. 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.

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