LIQUOR LICENSING ACT 1997 - SECT 125B
LIQUOR LICENSING ACT 1997 - SECT 125B
125B—Police officer barring orders
(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.
(2) A police officer
may, on the authorisation of a senior police officer, vary or revoke an order
under this section barring a person from premises by subsequent order served
on the person.
(3) The following
provisions apply in relation to an order under this section:
(a) in
the case of a barring order made on the grounds referred to in
subsection (1)(e)—the order remains in force for an indefinite
period, or the period specified in the order;
(b) in
the case of a barring order made on the grounds referred to in
subsection (1)(f) or (g) and authorised by a senior police officer of or
above a rank determined under
paragraph (b) in the definition of "senior police officer" in
subsection (6)—the order remains in force—
(i)
if the person has not previously been barred under this
Subdivision—for the period specified in the order (which may not exceed
3 months); or
(ii)
if the person has on 1 previous occasion been barred
under this Subdivision—for the period specified in the order (which may
not exceed 6 months); or
(iii)
if the person has on at least 2 previous occasions
been barred under this Subdivision—for an indefinite period or the
period specified in the order.
(4) An authorisation
to issue a barring order under this section may be granted orally or in
writing but a written record must be kept of—
(a) the
name, rank and identification number of the senior police officer giving the
authorisation; and
(b) the
name, rank and identification number of the police officer requesting the
authorisation; and
(c)
details of the conduct giving rise to the request; and
(d) the
following details relating to the barring order:
(i)
the name of the person barred under the order; and
(ii)
the licensed premises from which the person has been
barred under the order; and
(iii)
the grounds on which the issuing of the order is
authorised; and
(iv)
the period for which the order remains in force.
(5) For the purposes
of subsection (2), a condition or limitation under this section in
relation to the making of a particular barring order extends to a variation or
revocation of the order under that subsection.
"senior police officer" means—
(a) in
the case of a barring order that is to be made on the grounds referred to in
subsection (1)(e)—
(i)
if the order is to be made for a period exceeding
72 hours—a police officer of or above the rank of Inspector; or
(ii)
in any other case—a police officer of or above the
rank of Sergeant; or
(b) in
the case of a barring order that is to be made on the grounds referred to in
subsection (1)(f) or (g)—
(i)
if the order is to be made for a period exceeding
3 months—a police officer of or above the rank of Inspector; or
(ii)
if the order is to be made for a period exceeding
72 hours but not exceeding 3 months—a police officer of or
above the rank of Sergeant; or
(iii)
in any other case—a police officer of or above the
rank of Sergeant or in charge for the time being of a police station.