Public and LLA offences

Question 1

Public place definition

Answer 1

public place” includes—
(a) a place to which free access is permitted to the public, with the
express or tacit consent of the owner or occupier of that place; and
(b) a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and
(c) a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property;

Question 2

Section 4 Definition of Authorised person

Answer 2

authorised person, in relation to licensed premises, means—
(a) the licensee; or
(b) a responsible person for the licensed premises; or
(c) a police officer; or
(d) a person who holds a security agents licence that authorises the person to perform the function of controlling crowds in licensed premises under the Security and Investigation Industry Act 1995

Question 3

LLA 124—Power to refuse entry or remove intoxicated persons or persons guilty of offensive behaviour

Section 1(a) & (c)

Answer 3

(1) An authorised person may, if necessary, use reasonable force to remove a person
from, or prevent the entry of a person onto, licensed premises if—
(a) the person is intoxicated; or
(c) the person is behaving in an offensive or disorderly manner

Question 4

LLA 124—Power to refuse entry or remove intoxicated persons or persons guilty of offensive behaviour

Answer 4

(2) An authorised person may, if necessary, use reasonable force to remove a person from licensed premises if the authorised person reasonably suspects that the person has supplied, or is about to supply, liquor to an intoxicated person on the licensed
premises.

Question 5

131A—Failing to leave licensed premises on request

Answer 5

(1) If a person to whom this section applies fails, without reasonable excuse, to leave licensed premises immediately on being requested to do so by an authorised person, the person is guilty of an offence.

Maximum penalty: $5 000.

(2) This section applies to a person who is on licensed premises if—
(a) the person is under the age of 18 years and is on the licensed premises for the purpose of consuming liquor in contravention of this Act;
or
(b) the person is intoxicated;
or
(d) it is reasonable to suspect that the person has supplied, or is about to supply, liquor to an intoxicated person on the licensed premises;
or
(e) the person is behaving in an offensive or disorderly manner;
or
(f) the person is barred from the licensed premises under Part 9 Division 3;
or
(g) the person’s presence on the licensed premises is otherwise in contravention of this Act.

Question 6

Part 7A—Offences relating to conduct on licensed premises etc
117A—Offensive or disorderly conduct

Answer 6

(1) A person must not behave in an offensive or disorderly manner in licensed premises or in the vicinity of licensed premises.

Maximum penalty: $1 250.
Expiation fee: $500.

(2) This section does not apply to any behaviour involving violence or a threat of violence

Question 7

LLA S125B—Police officer barring orders

Answer 7

(1) Subject to this section, a police officer may, on the authorisation of a senior police officer, by order (a barring order) served on a person, bar the person from entering or
remaining on—
(a) specified licensed premises; or
(b) licensed premises of a specified class; or
(c) licensed premises of a specified class within a specified area; or
(d) all licensed premises within a specified area,

for a specified period not exceeding any applicable limit fixed by this section—

(e) if the police officer is satisfied that the welfare of the person, a person residing with the person or a family member of the person, is seriously at risk as a result of the consumption of alcohol by the person;
or
(f) if the person commits an offence, or behaves in an offensive or disorderly manner, on, or in an area adjacent to, the licensed premises;
or
(g) on any other reasonable ground.

Question 8

Public Intoxication Act S7 (1) & (3)—Apprehension of intoxicated persons

Answer 8

(1) If a police officer or an authorised officer has reasonable grounds to believe that—

(a) a person who is in a public place is under the influence of a drug;
and
(b) by reason of that fact, the person is unable to take proper care of himself or herself,

the police officer or authorised officer may apprehend that person.

(3) If a police officer or an authorised officer has apprehended a person under subsection (1), the officer must take that person as soon as reasonably practicable—

(a) to the place of residence, if any, at which the apprehended person is permanently or temporarily residing and there release the person from custody;
or
(b) to a place for the time being approved by the Minister for the purposes of this paragraph and there release the person from custody;
or
(c) to a police station;
or
(d) to a sobering-up centre for admission as a patient

Question 9

GO - Alcohol & Drug Strategies (s10 - Apprehension/Detention)

Answer 9

A member should try to ensure the care of an intoxicated person without apprehending them pursuant to the Public Intoxication Act 1984. For this purpose,

a member must consider whether:

● someone else is present and able and willing to care for the person (check the bona fides of the carer)
● other local agencies or groups, for example a Mobile Assistance Patrol could attend to collect and care for the person
● to release an apprehended intoxicated person (pursuant to the Public Intoxication Act 1984) from custody, rather than detaining them in a police station, at:
○ Their place of residence, or
○ A place approved by the Minister for Mental Health and Substance Abuse

Before deciding to release an intoxicated person (particularly if the intoxicated personis a child) at their place of residence, a member must determine whether:
● there is a responsible adult able to care for the person
● domestic problems are likely to arise
● it is geographically practicable.