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Patrons

Police use YouTube to issue warning to patrons

Police youtube

NSW Police has used YouTube to send a strong warning about the consequences of alcohol-fuelled behaviour over summer. A two-minute broadcast by Deputy Commissioner Dave Owens tells the story of 'Michael' and how a series of bad decisions while intoxicated changed his life forever. One decision he made was refusing to leave a pub when asked.

"I have made it clear to our officers that when we're called to licensed premises because someone refuses to leave, we will be issuing a $550 penalty notice rather than simply moving people on," Deputy Commissioner Owens said. "Those issued with a penalty notice for 'failing to quit' very rarely re-offend."

NSW Police has also distributed a radio ad, 'Take the hint. Call it a night, without the fight', to stations around NSW to make patrons aware of their individual responsibilities this summer.

Play videoPlay the 'Take the hint. Call it a night, without the fight' radio advertisement. (mp3 1mb)

Rights

Patrons of licensed venues in NSW have a right to enjoy safe and responsible drinking environments. The Liquor Act 2007 supports responsible drinking and provides powers for venues and police to eject and ban troublesome patrons.

Rights of patrons include

It is an offence for licensed venues to serve or supply alcohol to intoxicated patrons or to allow intoxication on the premises. Intoxicated, violent, quarrelsome or disorderly patrons cannot remain on or in the vicinity of licensed premises. To make a complaint, you should contact your local police.

Responsibilities

The Liquor Act 2007 includes offences and provisions to ensure patrons drink responsibly and behave appropriately in and around licensed venues.

Definition of 'intoxication'

The Act includes a definition of "intoxication" to assist licensees, staff and patrons in ensuring responsible service and consumption of alcohol. It defines a person as being intoxicated if:

The Director of Liquor and Gaming has issued Guidelines relating to intoxication to assist in determining whether or not a person is intoxicated.

Supplying alcohol to intoxicated persons

It is an offence for patrons to supply alcohol to an intoxicated person on licensed premises. Offenders face a maximum fine of $1,100.

Failure to leave

Where a troublesome patron refuses to leave a licensed venue when asked by staff, the patron commits an offence. Grounds for ejection include the patron being intoxicated, violent, quarrelsome, disorderly, smoking, or using or possessing prohibited drugs. Offenders face an on-the-spot fine of $550 for each offence and maximum court fines of $5,500.

Attempt to re-enter or remain in the vicinity of premises

A patron who is refused entry to, or ejected from, licensed premises cannot re-enter or remain in the vicinity of the premises. The Act defines 'vicinity' as any area less than 50 metres from the licensed premises.

The patron must not re-enter or attempt to re-enter the premises within 24 hours of being ejected or refused entry. They must also not re-enter the vicinity within 6 hours unless the patron reasonably fears for his or her safety, needs to obtain transport, or lives within the vicinity of the premises.

Offenders face an on-the-spot fine of $550 for each offence and maximum court fines of $5,500.

Self exclusion agreement

Patrons with alcohol problems can enter into a self-exclusion agreement to ban themselves from licensed premises. The agreement must be in a form approved by the Casino, Liquor and Gaming Control Authority. Once such an agreement is entered into, the licensee, or a responsible member of staff, is legally allowed to prevent the patron from entering the licensed venue, and remove the patron from the venue. The licensee or staff member must use no more force than is reasonable given the circumstances.

Visit Home > Liquor > Patrons > Self-exclusion agreements for more information or to PDF download the approved agreement forms.

Banning orders

Licensees can ban troublesome patrons from their premises for an indefinite period.

Other offences that apply to patrons include

More information

What is a standard drink?

Assess your consumption of alcohol in order to drink safely and responsibly.

NSW Smoke Free Laws

Smoke free laws in NSW are regulated by the NSW Department of Health. If you have a complaint regarding a breach of these laws, please contact your local public health unit (NSW Health).

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