New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 116F

116F Temporary banning orders--licensed premises in prescribed precinct and adjacent precincts

(1) A police officer may, in the circumstances described in subsection (2), by order in writing given to a person who is in a prescribed precinct (a
"temporary banning order" ) prohibit the person from entering or remaining on any licensed premises in the prescribed precinct and in any other adjacent precinct specified in the order, for the period (not exceeding 48 hours) specified in the order.

(2) A temporary banning order may be made as soon as practicable after the person--

(a) refuses or fails to comply with a direction under section 198 of the Law Enforcement (Powers and Responsibilities) Act 2002 to leave licensed premises in the prescribed precinct or a public place in the vicinity of such licensed premises, or

(b) fails to leave licensed premises in the prescribed precinct after being required to do so under section 77(4) because the person is intoxicated, violent, quarrelsome or disorderly, or

(c) contravenes section 77(6) or (8) in relation to licensed premises in the prescribed precinct.

(3) A police officer must not give a person a temporary banning order unless the officer is satisfied that the conduct of the person which resulted in the person being required to leave (or being refused admission to) the licensed premises or other public place concerned is likely to continue and cause a public nuisance or risk to public safety in the prescribed precinct and in any other adjacent precinct specified in the order.

(4) A temporary banning order--

(a) does not have effect unless it is given by, or given with the approval of, a police officer of or above the rank of sergeant, and

(b) must specify the grounds on which it is given.

(5) A person who is the subject of a temporary banning order must not enter or attempt to enter or remain on any licensed premises in the prescribed precinct or any other adjacent precinct specified in the order during the period specified in the order.

: Maximum penalty--50 penalty units.

(6) A reference in this section to licensed premises does not include a reference to a licensed restaurant that is not authorised to trade after midnight on any day of the week unless it is a high risk venue.