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INSPECTOR GARRY WILLIAMS - Tasmanian Police - Northern District Support Services
Barring Orders
Police may also issue Barring Order’s and have additional powers in regards to the area’s in which a Barring Order may take effect (including barring an individual from a certain type of premises or premises within a certain area).’ To date, very few barring orders have been issued across the state. Additionally, we are aware that some establishments are continue to keep adhoc lists of persons who have been ‘banned’ from their premises but are not progressing to formal barring orders provided for in the Act. We are particularly interested in your feedback as to why this would be occurring and whether there are any perceived barriers to the use of barring orders by licensees or permit holders. Confidential feedback can be left by contacting your local Police Licensing Services Office in either Ulverstone, Launceston or Hobart on 131444 or by emailing Licensing.North@police.tas.gov.au. As a reminder, you can find a guide on Barring Orders at http:// www.liquorlicensing.tas.gov.au/domino/dtf/dtf.nsf/LookupFiles/ Barringorders.pdf/$file/Barringorders.pdf. The Barring Order forms for licensee’s and permit holders are available at http://www.liquorlicensing.tas.gov.au/.
As most of you would recall on the 1st September 2016, amendments to the Liquor Licensing Act 1990 took effect. Along with a host of new powers for Police and Licensees, the amendments introduced Barring Orders which enabled Police, Licensees and Permit Holders to prohibit a person from entering or remaining on a licensed or permit premises for a period of up to six months. As outlined in our March 2017 article: ‘A Barring Order can be issued by a licensee (or a person acting with their authority), a permit holder or a police officer (acting with the authority of a senior police officer) and can bar a person from a premises if they: • Are intoxicated on the premises; • Are violent or quarrelsome on the premises; • Put their safety or the safety of others on the premises at risk because of their consumption of liquor; or on any other reasonable ground (this cannot be discriminatory in nature). A person served with a barring order must: • Immediately leave the premises and vicinity (50 metres from any entry or exit, or another distance or specific area determined by a police officer) • Not re-enter or remain in the vicinity (without reasonable excuse ) for six hours or until the premises is closed for the day, whichever is longer (you may re-enter the vicinity after this time) • Not re-enter or remain in the premises while the Order is in place (up to six months) A Barring Order must be in writing and must be given to the person. This can be done by handing it to them, sending it to them by post to their last know place of residence or leaving it at their last known place of residence.
Section 81, Liquor Licensing Act 1990 Reasonable excuse includes: • Living within the vicinity; • Catching transport; or • Fearing for one’s safety outside of the vicinity.
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enquiries@tha.asn.au 03 6220 7300
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