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LIQUOR LICENSING ACT 1997 - SECT 125

LIQUOR LICENSING ACT 1997 - SECT 125

125—Licensee barring orders

        (1)         A licensee or a responsible person for licensed premises may, by order served on a person, bar the person from entering or remaining on the licensed premises for a specified period, not exceeding any applicable limit fixed by this section—

            (aa)         if the licensee or responsible person 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

            (a)         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

            (b)         on any other reasonable ground.

        (1a)         A police officer may provide a licensee or responsible person for licensed premises with information about a person (including photographic and other information that may identify the person) for either or both of the following purposes:

            (a)         for the purposes of subsection (1);

            (b)         to identify a person who has been barred from premises under that subsection.

        (2)         A person who enters or remains on licensed premises from which he or she is barred under this section is guilty of an offence.

Maximum penalty: $5 000.

Expiation fee: $315.

        (3)         A licensee or a responsible person for licensed premises may, by subsequent order served on a person, revoke an order.

        (4)         A licensee, a responsible person for licensed premises or an employee of the licensee who allows a person to enter or remain on licensed premises from which the person is barred is guilty of an offence.

Maximum penalty: $5 000.

Expiation fee: $315.

        (5)         A person may be barred under this section—

            (a)         if the person is barred under subsection (1)(aa)—for an indefinite period or any specified period; or

            (b)         in any other case—

                  (i)         if the person has not previously been barred from entering or remaining on the licensed premises—for a period not exceeding 3 months or such longer period as may be approved by the Commissioner; or

                  (ii)         if the person has on one previous occasion been barred from entering or remaining on the licensed premises—for a period not exceeding 6 months or such longer period as may be approved by the Commissioner; or

                  (iii)         if the person has on at least 2 previous occasions been barred from entering or remaining on the licensed premises—for an indefinite period or any specified period.

        (6)         If a person is barred under this section for an indefinite period or a period exceeding 6 months, the order will cease to have effect unless, within 7 days of the service of the order, the Commissioner is provided with—

            (a)         in the case of an order under subsection (1)(aa)—details of the information in response to which the order was made; or

            (b)         in any other case—details of the conduct giving rise to the order.

Subdivision 3—Police barring orders