Failure to Leave Licensed Premises
In NSW it is an offence to remain in a licensed venue after you have been asked to leave. It is also an offence to try to re-enter a licensed venue if you have been refused entry or asked to leave.
A person can be charged with this offence if they are told to leave a licensed premises, such as a pub, restaurant or club, and they fail to do so. A person can also be charged if they attempt to re-enter the same premises within six hours of being asked to leave.
The maximum penalty for this offence is 50 penalty units.
The offence of Failure to Leave Licensed Premises is contained in Section 77(8) of the Liquor Act 2007 and states:
A person who has been refused admission to, or turned out of, licensed premises in accordance with this section must not, without reasonable excuse:
- Remain in the vicinity of the premises, or
- Re-enter the vicinity of the premises within 6 hours of being refused admission or being turned out.
Maximum penalty: 50 penalty units.
What Actions Might Constitute Failure to Leave Licensed Premises?
Examples of conduct that could give rise to a charge of failing to leave licensed premises include:
- Remaining in a licensed restaurant after the owner has directed you to leave as they are closing;
- Pushing past a security guard who has told you that you’re not allowed back into the nightclub you were drinking in because of the lockout laws; and
- Getting kicked out of the casino, drinking somewhere else for four hours and then lining back up to try and get back in.
What must be proven?
To convict a person of failing to leave licensed premises the prosecution must prove each of the following matters beyond a reasonable doubt:
- That the accused was refused entry or asked to leave premises;
- That they remained on or attempted to re-enter that premises; and
- That the premises was a licensed premises.
Which Court Will Hear Your Matter?
The offence is a summary offence and will be finalised in the Local Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.