(1) A court must make an alcohol exclusion order in respect of an offender if—
(a) the court records a conviction against the offender for a relevant offence; and
(b) the court is satisfied on the balance of probabilities that—
(i) at the time of the relevant offence the offender was intoxicated; and
(ii) the offender's intoxication significantly contributed to the commission of the relevant offence; and
(c) the offender is not, or has not been, the subject of a previous alcohol exclusion order in relation to the circumstances that gave rise to the relevant offence.
(2) The court is not required to call further evidence for the purposes of satisfying itself of the matters set out in subsection (1)(b).
(3) The duration of an alcohol exclusion order is 2 years.
(4) Subject to subsection (5), an alcohol exclusion order prohibits an offender from—
(a) entering or remaining in any licensed premises characterised as a nightclub, bar, restaurant, cafe, reception centre or function centre; and
(b) entering or remaining in the location of any major event; and
(c) entering or remaining in a bar area of any licensed premises to which paragraph (a) or (b) does not apply; and
(d) consuming or attempting to consume any liquor in any licensed premises to which paragraph (a) or (b) does not apply.
(5) An alcohol exclusion order may be subject to exemptions that allow a person to enter or remain in a specified place for a specified purpose during the period of the order if—
(a) the Court considers that there is a good reason why the person should be allowed to enter or remain in the place; and
(b) the Court considers that it is appropriate in all the circumstances.
(6) An alcohol exclusion order takes effect—
(a) if the offender is not serving a custodial sentence for another offence and the order has not been made in combination with a custodial sentence, at the time the order is made; or
(b) if the offender is serving a custodial sentence for another offence at the time the order is made or the order has been made in combination with a custodial sentence, on the offender's release from prison.
(7) An alcohol exclusion order must state—
(a) the name of the offender; and
(b) the grounds on which the order is made; and
(c) the conduct that is prohibited by the order; and
(d) any exemptions imposed under subsection (5); and
(e) when the order takes effect in accordance with subsection (6); and
(f) the duration of the order.
(8) If a court makes an alcohol exclusion order in respect of a person, it must not, for the duration of the order, in respect of that person—
(a) make an exclusion order under Part 8A of the Liquor Control Reform Act 1998 (except an order under section 148I(2)(a) of that Act); or
(b) attach an alcohol exclusion condition as a condition of a community corrections order.
S. 89DF inserted by No. 15/2014 s. 7.