Barring orders

​​​​​Under the Liquor Licensing Act 1990 a Barring Order may be used to prohibit a person from entering or remaining on a licensed or permit premises for a period of up to six months.

Who can bar a person

A licensee (or person acting with their authority), a permit holder or a police officer (acting with the authority of a senior police officer) may bar a person.​​

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).
A police officer may bar a person from one or more premises if they​:
  • put their welfare seriously at risk because of their consumption of liquor; 
  • commit an offence; 
  • are offensive or disorderly on the premises, or 
  • in and around it; or on any other reasonable ground.​

What does being barred mean

If you are served with a Barring Order while on the premises you 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).
Reasonable excuse includes:​
  • living within the vicinity; 
  • catching transport; or 
  • fearing for one’s safety outside of the vicinity.​

How to a person is barred

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 by post to their last known place of residence; or
  • leaving it at their last known place of residence.

Police barring orders

As well as being able to bar a person from one premises, a police officer may: 
  • bar a person from: 
    • premises of a specified class within a specified area (eg. all nightclubs in a particular area); or 
    • all premises within a specified area; 
  • determine the distance from the premises or area around it that a barred person must not enter for six hours after being barred or until the premises is closed for the day (whichever is longer); and
  • share information about a person with staff at other premises (including photos and other information) so that staff can identify them as a barred person.​

Barring order forms

  • The Commissioner for Licensing has approved the Barring Order form​ for licensees and permit holders.
  • ​Licensees and permit holders should keep a copy of a Barring Order on the premises for 180 days after it expires. 
  • A licensee or permit holder must not share information about a person with staff at other premises (Personal Information Protection Act 2004).​

Revoking a barring order

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. 

A Barring Order given by a police officer may be varied or revoked by a police officer. A barred person may also apply in writing to the Commissioner of Police for a review of a Barring Order given by a police officer. ​


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.

Refer to Penalty units for additional information.

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