INSPECTOR JOHN WARD Southern Districts Support Services Tasmania Police Report
Reminder – Use of Barring Orders As most Licensees are aware, the Liquor Licensing Amendment Bill 2015 was passed during November 2015 whereby new offences and barring orders for police and licensees were proclaimed during 2016. The Bill introduced barring orders to strengthen the powers of police and Licensees to deal with problematic patrons on licensed premises and venues operating under a Special (Liquor) Permit. Effectively, a barring order can be issued to prevent a person from entering or remaining on a specified licensed or Special (Liquor) Permit premise and / or vicinity for a specified period, not exceeding six months. Section 81 of the Liquor Licensing Act 1990 states: A licensee, a person acting with the authority of the licensee, or a permit holder, may by order in writing served on a person, bar that person from entering or remaining on the licensed premises or permit premises for a specified period not exceeding 6 months – (a) if the barred person is intoxicated or acting in a violent or quarrelsome manner on the licensed premises or permit premises; or (b) if the licensee, person acting with the authority of the licensee, or permit holder, reasonably believes that the safety of the barred person or any other person on the licensed premises or permit premises is at risk because of the behaviour of the barred person as a result To date, only a small amount of barring orders have been issued by Licensees (or persons acting with the authority of the licensee, or permit holders) State-wide which is disappointing as the legislation was introduced to assist Licensees, persons acting with the authority of the licensee, and permit holders. Undoubtedly, there may have been occasions where Licensees could have issued a barring order, which may have prevented the Licensee, persons acting with the authority of the licensee, or permit holders from being charged by Tasmania Police for breaches of the Liquor Licensing Act 1990 . This financial year to date, 91 infringements have been issued to various Licensees, persons acting with the authority of the licensee and permit holders for various Liquor Licensing offences State-wide therefore I urge Licensees, persons acting with the authority of the licensee, permit holders, staff, colleagues and associates to familiarise themselves with barring orders, and consider using them. I firmly believe if Licensees act in the first instance and issue a barring order, further problems may be prevented which will in turn reduce the amount of Licensee infringements issued by Tasmania Police. Prevention is far better than cure. Further information can be found by reviewing the Liquor Licensing Act 1990 or by visiting www.treasury.tas.gov.au Southern Licensing Personnel I’d like to take this opportunity to advise readers that the Southern Licensing Section will have 4 new Police Officers seconded into the licensing role on 1 July 2018. Sergeant Simon Ward has been the Southern Licensing Sergeant since 2013 whereby he has managed various police personnel and led numerous investigations (overt and covert) that have resulted in outcomes which have created safer environments for members of the public to enjoy and furthermore, such investigations have resulted in licensees who are not fit to hold a liquor licence, being held to account and brought to justice. Simon and his current team have done a fantastic job during the past five years and I wish them success in their future endeavours. The rationale behind the moves is simply because I am strong on rotating police personnel through various roles within my Division to ensure personnel don’t become complacent in their roles, and to ensure they remain contemporary (and up-skilled) in a wide-range of front-line policing functions. of his or her consumption of liquor; or (c) on any other reasonable ground.
June 2018 www.tha.asn.au
23
Made with FlippingBook - professional solution for displaying marketing and sales documents online