Tasmania Police Report INSPECTOR GARY WILLIAMS Northern District Support Services On the 1 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 you would recall, 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) As previously outlined in my October article, 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. Police may also issue Barring Orders and have additional powers in regards to the areas 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, only a handful of barring orders have been issued across the state and we are interested in your feedback as to whether there are any perceived barriers to the use of these orders by licensees or permit holders. Feedback can be left by calling 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/.
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.
April 2017
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