Failure to Quit Premises - What You Need to Know
Being asked to leave a licensed premises can be a stressful and sometimes confronting experience, but failing to quit premises may result in a criminal charge. In New South Wales, Section 77 of the Liquor Act 2007 (NSW) outlines the offence of failing to leave or attempting to re-enter a licensed venue after being removed.
Whether you were asked to leave due to intoxication, disorderly conduct, or another reason, understanding the law is crucial. If you have been charged with this offence, you don’t have to face it alone — the Kingston Fox team have the knowledge and experience to understand your situation, prepare your defence and work towards the best possible result.
What is the offence?
In New South Wales, it is an offence to remain in a licensed venue after being directed to leave. Under Section 77 of the Liquor Act 2007 (NSW), a person must not stay in, or attempt to re-enter a licensed premises if they have been refused entry or asked to leave. This applies to establishments such as pubs, restaurants, nightclubs, and bars.
If a person refuses to comply with such a direction, they can face penalties including an on-the-spot fine of $550 or a maximum court-imposed fine of $5,500. Additionally, attempting to re-enter or remaining within 50 metres of the premises within six hours of being removed is also an offence, unless a reasonable excuse applies. A person who has been asked to leave premises must also not attempt to re-enter the venue within 24 hours of being refused admission or being directed to leave.
What does the prosecution have to prove?
For a person to be convicted of failing to leave a licensed premises, the prosecution must establish beyond reasonable doubt, that:
The person charged was refused entry or asked to leave the premises
They remained in or attempted to re-enter the premises
The premises was a licensed premises under the Liquor Act.
If these elements are proven, the accused may be found guilty of the offence.
Who can remove patrons from the premises?
Under Section 77(2) of the Liquor Act 2007 (NSW), an authorised person can refuse entry or remove someone from a licensed premises. An authorised person includes:
The licensee of the venue
Employees or agents of the licensee (such as security staff or bar managers)
Police officers.
A person may be removed or refused entry for reasons including:
Intoxication, violence, quarrelsome or disorderly behaviour
Suspected possession or use of illegal drugs
Smoking in a smoke-free area
Their presence putting the venue or licensee at risk of being penalised
Specific conditions of the venue's liquor licence requiring their removal.
If necessary, an authorised person may use a reasonable degree of force to remove a patron from the premises.
Do I have a defence?
A person who has been removed or refused entry to a licensed premises may have a defence if they had a reasonable excuse for remaining in or re-entering the vicinity. Under Section 77(9) of the Liquor Act 2007 (NSW), reasonable excuses include:
A reasonable fear for their safety if they were to leave
The need to remain in or re-enter to obtain transport
Residing within the premises.
Additionally, general legal defences such as self-defence, duress, or necessity may be available in certain circumstances.
Get expert legal representation
If you have been charged with failing to leave a licensed premises, expert legal advice is essential. At Kingston Fox Lawyers, we can guide you through the legal process to achieve the best possible outcome.
Contact us today for a confidential case assessment.
This article constitutes general information only and is not legal advice.
