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
(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