Liquor Banning Notice

Question 1

What power to police have to issue Alcohol Banning Notices?

Answer 1

Once an area has been declared a Designated Area, Police have the power to issue Banning Notices to any person that has committed, or is likely to commit, a Specified Offence. A Specified Offence ranges from failing to leave licensed premises to serious assault and arson.

Question 2

How long can a Liquor Banning notice be in effect?

Answer 2

The ban may last for up to 48 hours and apply to the whole of the designated area or an identified licensed premise within it. For serious specified offences, or where a person has received multiple banning notices for the same area, the courts will have the ability to issue an exclusion order, which generally will ban a person from the area for up to 12 months.

Question 3

When issuing a banning notice what area can it cover?

Answer 3

The Banning Notice will either apply to all of the Designated Area, or just licensed premises within the area. The issuing Police Officer must specify this on the notice. If banned from the whole area, the person may only enter if they work or live in the area. This means the person issued with the Banning Notice cannot go to any licensed premises, other business or shops within the designated area or even visit friends who may live within that area.

Question 4

What parameters must be met in order to issue an Alcohol banning notice?

Answer 4

Police must suspect on reasonable grounds that the person is committing or has committed a specified offence wholly or partly within the designated area

Question 5

Police must believe on reasonable grounds that giving the alcohol banning notice will be an effective and reasonable way to prevent the person from what?

Answer 5

• Continuing to commit the specified offence in the designated area; or
• Committing a further specified offence in the designated area; and
• Police consider the continuation of the specified offence or the commission of further specified offence(s) may involve / give rise to a risk of alcohol-related violence in the designated area

Question 6

A specified offence is defined in the Liquor act and means any of the following offences:

Answer 6

• Section 121(2) or 121A (offences after exclusion from licensed premises), 101V(1) (Drink in Regulated Place - Cause Nuisance and 101W(1) (Drink Regulated Place - Designated Area) of the Liquor Act
• Section 66 (riots), 133 (Gross Indecency), 166 (Threats to Kill), 174C, 174D & 174E (Reckless Endangerment), 176A(2) (Drink Spiking), 177 (Serious Harm to prevent apprehension), 181 (Serious Harm), 186 (Harm), 188 (Assault), 189A (Assault Police), 192 (Sexual Intercourse w/out consent), 200 (Threats), 212 (Assault Intent to Steal), 213, & 215, (Unlawful Entry), 239 & 240 (Arson & Attempt Arson) and 251 (Criminal Damage) of the Criminal Code
• Section 47, 47AA, 50 or 53 of the Summary Offences Act; (RODIBFOL et al.)
• Section 7(1), 7A or 8 of the Weapons Control Act; (controlled & / or offensive weapons)
• An offence prescribed by regulation as a specified offence.

Question 7

For the purposes of this legislation (alcohol banning notice) to establish reasonable grounds the Police Officer must consider each of the following:

Answer 7

• The apparent state of health of the person
• Whether the person is likely to continue to commit the specified offence or a further specified offence in the designated area
• Whether the person should be arrested or held in custody pending the hearing of any charges against the person in relation to the specified offence
• Whether the person is capable of comprehending the nature and effect of the notice
• Any other matter the officer considers is relevant