Running a licensed liquor venue

Barring someone from a licensed venue

A person can be barred from a licensed venue for their own safety or the well being of others.

You can only bar someone from your licensed venue if:

  • they behave in an offensive or disorderly way
  • they commit an offence
  • you, as a manager or employee, believe they may hurt:
    • themselves
    • a person living with them
    • a member of their family including:
      • a spouse or former spouse
      • a domestic partner or former domestic partner
      • a parent, brother, sister or child
  • there is any other reasonable cause.

Barring orders can be completed and served on an individual by:

  • a licensee
  • a responsible person of the licensed premises
  • Senior Police Officers, or Police Officers with authorisation from a Senior Officer
  • The Commissioner of Police or delegate.

How to bar someone from a venue

Each time you bar a person from your venue you must complete a barring form. The form must be either:

  • served personally
  • posted to the person's last known address, fax or email address.

You must keep a copy of the completed form on the premises.

Bar a person from entering or remaining on a licensed premises - form (PDF 594KB)

First barring

If it's the first time that a person is being barred from your venue, you can bar them for up to three months.

Second barring

The second time a person is barred from your venue, regardless of how long ago the first barring was, you can bar them for up to six months.

Third barring

If a person has been barred from your venue on two prior occasions, regardless of how long ago they were, you can bar them anywhere from six months to an indefinite period of time.

Submitting the barring form

You must submit a copy of the barring form to Consumer and Business Services.

Email the scanned form to liquorandgaming@sa.gov.au

Post your application to:

Licensing Branch
GPO Box 2169
Adelaide SA 5001

Entering a venue when barred

Anyone who breaks a barring order is guilty of an offence and can be issued an on the spot fee of $315 or be fined up to $5,000.

Any licence holder, manger or employee who allows a barred person to enter the venue is also guilty of an offence and can be issued an on the spot fee of $315 or be fined up to $5,000.

You or one of your employees must ask the banned person to leave the area or remove the person from the premises using reasonable force if necessary.

Reviewing a barring order

If a barring is for more than one month, the barred person can apply to the Liquor and Gambling Commissioner for a review of the barring order.

The commissioner may then uphold, vary or revoke the barring following a hearing of the matter. The decision of the commissioner cannot be appealed.

When attending a hearing it is important that:

  • you bring along any evidence, including but not limited to:
    • CCTV
    • police reports
    • documentation of the incident
  • the person who completed the barring order and the licensee both attend
  • witnesses to the incident, on behalf of the patron and the licensee and/or police be prepared to give evidence.

A licensee or a responsible person for the licensed premises may revoke an order barring a person from the premises, by completing a Licensee Revocation order available from this office. The decision of the commissioner to extend the length of a licensee barring order is reviewable by the Licensing Court.

Review a barring order (PDF 185KB)

Police barrings

The Commissioner of Police, their delegate or Senior Police Officers may bar a person:

  • from a specific premises
  • from a specific class of premises, such as hotels
  • from a specific class of premises in a specified area, such as hotels in Glenelg
  • from all licensed premises within a specified area, such as all licensed premises on Hindley Street

All licensed premises, or class of premises, that are affected must be notified of the person being barred.

SA Police can bar someone for 72 hours for committing an offence, or for disorderly or offensive behaviour in or around licensed premises.

Contact CBS Liquor and Gaming

Email: liquorandgaming@sa.gov.au

Phone: 131 882

In person:
91 Grenfell Street
Adelaide

Post:
GPO Box 2169
Adelaide SA 5001


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Page last updated 21 September 2018

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/business-and-trade/liquor-and-gambling/running-a-licensed-venue/barrings
Last Updated:
21/09/18
Printed on:
19/10/18
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2018