Flashcards in 16 Deck (11):
A police officer may, in the circumstances described in subsection (2), by order in writing given to a person who is in a prescribed precinct (a temporary banning order) prohibit the person from entering or remaining on any licensed premises in the prescribed precinct and in any other adjacent precinct specified in the order, for the period (not exceeding 48 hours) specified in the order.
A temporary banning order may be made as soon as practicable after the person: (a) refuses or fails to comply with a direction under section 198 LEPRA to leave licensed premises in the prescribed precinct or a public place in the vicinity of such licensed premises, or
(b) fails to leave licensed premises in the prescribed precinct after being required to do so under section 77 (4) because the person is intoxicated, violent, quarrelsome or disorderly, or (c) contravenes section 77 (6) or (8) in relation to licensed premises in the prescribed precinct.
A police officer must not give a person a temporary banning order unless the officer is satisfied that the conduct of the person which resulted in the person being required to leave (or being refused admission to) the licensed premises or other public place concerned is likely to continue and cause a public nuisance or risk to public safety in the prescribed precinct and in any other adjacent precinct specified in the order.
A temporary banning order: (a) does not have effect unless it is given by, or given with the approval of, a police officer of or above the rank of sergeant, and
(b) must specify the grounds on which it is given.
A person who is the subject of a temporary banning order must not enter or attempt to enter or remain on any licensed premises in the prescribed precinct or any other adjacent precinct specified in the order during the period specified in the order.
A reference in this section to licensed premises does not include a reference to a licensed restaurant that is not authorised to trade after midnight on any day of the week unless it is a high risk venue.
The Authority may, by order in writing (a long-term banning order), prohibit a person from entering or remaining on any high risk venue for such period (not exceeding 12 months) as is specified in the order.
The Authority may make a long-term banning order only if the Authority is satisfied that the person the subject of the proposed order: (a) has been charged with, or found guilty of, a serious indictable offence involving violence that was committed by the person in a public place or on relevant premises while the person or any victim of the offence was affected by alcohol or was on or in the vicinity of a licensed premises at the time they were a licensee/employee of the premises or a person who has received three temporary banning orders in a 12 month period.
Person must be given notice of application and be given a reasonable amount of time to respond.
A long-term banning order takes effect on the date specified by the Authority in the order. Notice of the making of the order is to be given to the person who is the subject of the order, but failure to give notice does not affect the operation of the order if a reasonable attempt has been made to notify the person.