81Non-voluntary exclusion of persons from approved premises

81 Non-voluntary exclusion of persons from approved premises

81 Non-voluntary exclusion of persons from approved premises

(1) In this clause—

authorised person means an approved seller, the Board or a police officer.

vicinity of approved 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, approved premises any person—

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

(b) whose presence on the approved premises renders the approved seller liable to a penalty under this Part, or

(c) who smokes, within the meaning of the Smoke-free Environment Act 2000, while on any part of the approved 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 (within the meaning of the Drug Misuse and Trafficking Act 1985).

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

(4) If a person in respect of whom an authorised person is, under subclause (2) or (3), entitled to refuse admission to approved 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 clause, such reasonable degree of force as may be necessary may be used to turn a person out of approved premises.

(6) A person who has been refused admission to, or turned out of, approved premises in accordance with this clause because the person was intoxicated, violent, quarrelsome or disorderly, must not re-enter or attempt to re-enter the premises within 24 hours of being refused admission or being turned out.

Maximum penalty—50 penalty units.

(7) After the 24-hour period ends in relation to any such person, an authorised person is not prevented from exercising the powers under subclause (3) in relation to the person.