Tasmania Police Report INSPECTOR GARY WILLIAMS Northern District Support Services As you would be aware, as a result of a previous article by Inspector John Ward of Southern District Support Services, amendments to the Liquor Licensing Act 1990 took effect on 1 September 2016. These amendments provide significant new powers for both Police and licensees which will assist in the management of both public order incidents and both licensees and permit holders obligations. Licensees and permit holders will need to make themselves conversant with the amendments to the act but I would like to take this particular opportunity to focus on the amendments to the act which deal with Barring Orders. Barring Orders can be used to prohibit a person from entering or remaining on a licensed or permit premises for a period of up to six months. 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). A licensee or permit holder may bar a person from their 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). If a person is served with a Barring Order that person 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.
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). The new Barring Order forms for licensees and permit holders are available at http://www.liquorlicensing.tas.gov.au/.
1 Section 81, Liquor Licensing Act 1990 2 Reasonable excuse includes: • living within the vicinity; • catching transport; or •
fearing for one’s safety outside of the vicinity.
As previously outlined, there were a number of other amendments enacted on 1 September 2016 including the ability for police to issue infringements notices to licensees and permit holders in respect of breaches of the obligations of their license or permit. This now replaces the previous practice of the issuing of breach notices. I encourage licensees, permit holders, and their staff, to familiarise themselves with the new amendments contained within the act. To assist with this there are a number of very helpful guides and facts sheets contained on the liquor and gaming website http://www. liquorlicensing.tas.gov.au/. Should licensees or permit holders have any questions in regards to these amendments they are encouraged to contact the THA or Liquor and Gaming. Please also feel free to contact your local Police Licensing Services Office in either Ulverstone, Launceston or Hobart on 131444. Frequently Asked Questions (FAQ): Can a Barring Order be varied or revoked? Yes. • A Barring Order given by a licensee (or person acting with their authority) or permit holder may be varied or revoked by them of their own volition or if agreed upon request by the barred person. Penalties for not complying with a Barring Order • The penalty for not complying with a barring order is a fine of up to 50 penalty units ($7850).
The Tasmanian Hospitality Association would like to acknowledge the following Corporate Partners for their contribution to this edition of the Hospitality Review magazine:
October 2016
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