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Barring orders

Information about when and how barring orders can be issued to a person.

This power is in addition to the power that any licensee has to refuse entry, to bar or to ask a person to leave their licensed premises.

What is a barring order?

A barring order bans a person from entering or remaining on licenced premises for a specific period. To be valid, a barring order must be in the prescribed form. Once served, this order can be enforced by police.

See:

When can a barring order be issued?

The police, or a licensee or permittee or responsible person can issue a barring order if:

  • a person is drunk, violent or quarrelling in licensed premises
  • the person authorised to issue the barring order reasonably believes that the safety of any person in the licensed premises (including the person behaving badly) is at substantial or immediate risk as a result of the consumption of alcohol by that person.

A responsible person is anyone who manages or controls the licenced place.

If a police officer serves a barring order they must either be in uniform, or must provide ID before serving the order.

See ss. 106D, 106E—Liquor Control Reform Act 1998 (Vic)(opens in a new window).

How long do barring orders last?

The time a barring order lasts depends on whether the person has had a barring order before (within the last 3 years).

The barring order will last for:

  • up to one month if this is the person's first barring order
  • up to 3 months if the person has had one previous barring order
  • up t 6 months if the person has had 2 or more previous barring orders.

Time begins from the time the barring order is served until the expiry date and time set out in the order unless the order is revoked before this date.

See s. 106G—Liquor Control Reform Act 1998 (Vic)(opens in a new window).

Offences

It is an offence for a person subject to the barring order to:

  • enter
  • re-enter
  • remain on
  • be in the vicinity of the licensed premises, without a reasonable excuse.

How far away do they have to stay?

In the vicinity is defined as being a public place within 20 metres of the licensed premises. Licensed premises is defined to include any area adjacent to the licensed premises that is owned or occupied by the licensee or permittee.

So, for example, a person who is barred would not be allowed to go to a dining room, or courtyard that is separate from the public bar where the person was when they were barred. They would also be barred from sitting at tables on the footpath outside the licensed premises.

See ss. 3(4), 106,C, 106J—Liquor Control Reform Act 1998 (Vic)(opens in a new window).

Person must give name and address to police

The police may ask the person's name and address when they are serving a barring order. Police must tell the person at this time that they intend serving the barring order. The person must comply with this request. They can ask the police to state their name, rank and place of duty.

If police believe that the person has given false information, they may ask the person to produce proof.

Maximum penalty

The maximum penalty for the person or the police if they fail to comply with the request for contact details either is 5 penalty units.

See s. 106H—Liquor Control Reform Act 1998 (Vic)(opens in a new window).

What is a reasonable excuse?

According to the second reading speech, the Minister gave examples of a person waiting at a tram stop, train station or an ATM that are situated within a 20 metre radius of the place that is subject to the barring order.

See Second reading speech at 588—Justice Legislation Amendment Bill 2011 (Vic)(opens in a new window).

Getting a barring order revoked or varied

A barring order may be varied or revoked if a subsequent order is served which varies or revokes the first barring order.

Who is authorised to vary or revoke a barring order

A barring order may be varied or revoked if an order to vary or revoke the order is made by:

  • an authorised (person who made the initial order) or
  • the Victorian Commission for Gambling and Liquor Regulation (the commission).

The commission may vary or revoke an order on their own motion or following a request from:

  • the person subject to the order
  • the police
  • the permittee, licensee or responsible person for the premises.

See s. 106I—Liquor Control Reform Act 1998 (Vic)(opens in a new window). and Barring order booklet(opens in a new window).

More information

Legislation

Liquor Control Reform Act 1998 (Vic)

  • s. 3—defines the Commissoner
  • Part 7A—Barring orders
    • 106C—explains that any reference to a licensed premises includea any area adjacent to the licenced premises that is owned or occupied by the licensee or permittee
    • s. 106D—Barring orders
    • s. 106E—Police must provide proof of identity
    • s. 106F—a barring order must be in the prescribed form
    • s. 106G—duration of a barring order
    • s. 106H—police may ask name and address of person they intend giving a barring order to
    • s. 106I—variation or revocation of a barrring order
    • s. 106J—offence if remain or enter a licensed place if person subject to a barring order for that person in that place
    • s. 106K—licensee or permittee to keep records of barring orders issued

See Liquor Control Reform Act 1998 (Vic)(opens in a new window).

Liquor Control Reform Regulations 2009 (Vic)

  • r. 57A—Prescribed barring order and variation form
  • r. 57B—Prescribed variation form for commissioners
  • r. 57C—prescribed particuars for notice of revocation
  • Schedule 4—Form 1—Barring order
  • Schedule 4—Form 2—Notice of variation of barring order

See Liquor Control Reform Regulations 2009 (Vic)(opens in a new window).

Reference

Victorian Commission for Gambling and Liquor Regulation

This fact sheet explains the powers to bar a person from licensed premises.

See:

Justice Legislation Amendment Bill 2011 (Vic)

  • Second reading speech

See Justice Legislation Amendment Bill 2011 (Vic)(opens in a new window).

Updated