77Non-voluntary exclusion of persons from licensed premises

77 Non-voluntary exclusion of persons from licensed premises

77 Non-voluntary exclusion of persons from licensed premises

(1) In this section—

authorised person means a licensee, an employee or agent of a licensee or a police officer.

employee includes, in the case of a registered club, a person engaged under a contract for services.

vicinity of licensed premises means any place less than 50 metres from any point on the boundary of the premises.

(2) An authorised person may refuse to admit to, or may turn out of, licensed premises any person—

(a) who is at the time intoxicated, violent, quarrelsome or disorderly, or

(b) whose presence on the licensed premises renders the licensee liable to a penalty under this Act, or

(c) who smokes, within the meaning of the Smoke-free Environment Act 2000, while on any part of the licensed premises that is a smoke-free area within the meaning of that Act, or

(d) who uses, or has in his or her possession, while on the premises any substance that the authorised person suspects of being a prohibited plant or a prohibited drug, or

(e) whom the authorised person, under the conditions of the licence or according to a term (of the kind referred to in section 134 or 136D) of a liquor accord, is authorised or required to refuse access to the licensed premises.

(3) If, under subsection (2), a person has been refused admission to, or has been turned out of, licensed premises, an authorised person may, at any time, refuse to admit that person to the licensed premises or may turn the person out of the licensed premises.

(4) If a person in respect of whom an authorised person is, under subsection (2) or (3), entitled to refuse admission to the licensed premises is on the premises, the person must, on being required so to do by an authorised person, leave the premises.

Maximum penalty—50 penalty units.

(5) For the purposes of this section, such reasonable degree of force as may be necessary may be used to turn a person out of licensed premises.

(6) A person who has been refused admission to, or turned out of, licensed premises in accordance with this section must not re-enter or attempt to re-enter the premises within 24 hours of being refused admission or being turned out.