The Liquor Control Act 1988 states that the Commissioner of Police may apply to the Director of Liquor Licensing for a prohibition order to be made against a particular person.
Prohibition orders can be issued to people who are involved in anti-social behaviour in or around licensed premises, or whose employment in licensed premises is deemed to be problematic due to their involvement in serious or organised crime.
Essentially, a prohibition order can mean:
- A person is prohibited from being employed by a licensee at a specified licensed premises, licensed premises of a particular class or any licensed premises; or
- A person is prohibited from entering a specified licensed premises, licensed premises of a specified class or any licensed premises.
Evidence in support of a prohibition application
An application for a prohibition order under section 152B of the Act must set out the reasons why a person should be prohibited and any other information that is relevant to the issue.
This can include details of any criminal convictions and any information regarding the person’s involvement in serious and/or organised crime.
Notice of application
The Director of Liquor Licensing must give the person who is the subject of the application written notice that states that the application has been made and explains the proposed effect of the order.
The person must also be informed of the information and documents provided in support of the application.
The person should also be informed that they will be given reasonable opportunity to make submissions or be heard in relation to the matter. However, the Act states that the Director of Liquor Licensing must not disclose information that is classified as confidential by the Commissioner of Police.
The Director of Liquor Licensing may impose a prohibition order only if he/she is satisfied it is in the public interest to do so.
A prohibition order can be issued for a maximum of five years, or two years for a juvenile.
A $10,000 penalty applies to a person who is given a prohibition order and fails to comply with that order. Any person given a copy of the prohibition order but continues to employ the person who is subject to the order also commits an offence. The penalty for this offence is $10,000.
Disclaimer: The information provided in this fact sheet is general in nature – for full details, reference should be made to the Liquor Control Act 1988.