Failure to Leave Rules

One of the biggest headaches security guards encounter in Licensed premises is the circular argument with customers about; why they have been asked to leave, and what makes us think they are intoxicated?

Some simple facts customers should be aware of before their big night out costs them $550, a load of embarrassment plus a holiday from the venue:

(facts found here)

1. A licensed venue may refuse entry or eject a patron if they are:
· intoxicated
· violent, quarrelsome or disorderly
· smoking in a smoke-free area
· suspected of having or using illicit drugs on the premises
· behaving in a way that causes the licensee to commit an offence under the liquor laws.

You will be deemed intoxicated if:
· your speech, balance, co-ordination or behaviour is noticeably affected; and
· it is reasonable, given the situation, to believe that this due to the consumption of alcohol.

2. A person who has been refused entry or ejected from a licensed venue must:
· leave the venue and vicinity immediately (50 metres)
· not re-enter or remain in the vicinity for 6 hours
· not re-enter the venue for 24 hours.
(Exceptions to the 50 metres vicinity rule include situations where the patron has a lawful excuse such as obtaining transport, residing in the area, or if they fear for their safety if they leave the vicinity).

3. When ejecting a person, staff should inform the patron that:
· They are required by law to move more than 50 metres away from the premises
· They must not re-enter the 50 metre vicinity within 6 hours
· They cannot return to the premises for at least 24 hours
· If they fail to comply they commit an offence.

Therefore a licensed premises asking and ensuring you leave may save the venue an $11,000 fine plus a strike on their licence! However if you “Fail to leave” then the offence may cost you $550. This is why a simple question alongside respectful proactive action from Security Guards and venue staff is the best approach. We inform you of the law, you leave, It’s a WIN WIN….. situation!