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.
The Commissioner must make a decision within 28 days of receiving the application and may uphold, vary or
revoke the Order. The Commissioner must also inform the applicant of their right to appeal the
Commissioner’s decision to the Tasmanian Liquor and Gaming Commission.
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.