Why Am I Being Kicked Out?

Whilst licensed premises are designed to provide patrons with entertainment and good times, they don’t have to put up with certain behaviour.

We all know someone (or have been that someone) who has been asked to leave a licensed premises, just when they were getting ready to pull some moves or take on the reigning champ on the pool table.

It can be terribly difficult to understand at the time (usually due to that extra tequila shot you just sculled) but under the Liquor Control Act 1992 the law allows an authorised person to remove a patron from a licensed premises under numerous circumstances.

These include if the patron is unduly intoxicated, disorderly, creating a disturbance, a minor, has entered the premises despite being refused entry or refuses to provide evidence of their age when requested. In other words, any employee of that licensed premises can require you to leave without doing too much wrong at all.

Further to this, if you refuse to immediately leave after being requested, you are committing an offence liable to a maximum penalty of 50 penalty units (currently just over $6,300).

To matters worse, the law allows the authorised person to use ‘reasonable and necessary force’ to remove you from the premises. So, if you haven’t already learnt your lesson and left the premises, the authorised person (and no doubt several friends) can “escort” you out.

And if you think about taking on the bouncers, think again. Resisting this “escort” will result in a further offence and yes, a further maximum penalty of 50 penalty units.

The moral of the story is, “If you are being asked to leave a licensed premises, you are more than likely asking to be kicked out”.

Image Credit – Elizabeth Engle © 123RF.com

Written by John Sutton on June 15, 2018

John is partner of Armstrong Legal and head of the Criminal Law Division. The experience John possesses, being a high quality mix of defence and prosecution skills, together with his team at Armstrong Legal, mean you can be certain of accurate, dependable and practical advice on how your matter can dealt with. View John's profile