A person can be barred from a licensed venue for their own safety or for the wellbeing of others.
Orders can be served by:
- a licensee
- a responsible person of the licensed premises
- the Commissioner of Police and certain police officers (police use a different process).
Serve a barring order
- Complete the appropriate form and hand it to the person being barred, or send it to their last known postal address, fax or email address.
Keep a copy of the completed form on the premises.
- If the barring is for longer than 6 months submit a copy to Consumer and Business Services within 7 days.
Email: liquorandgaming@sa.gov.au
Post:
Licensing Branch
GPO Box 2169
Adelaide SA 5001
Video: Understanding the barring form and how to complete it
Grounds for barring
Misconduct grounds
A person can be barred if, in or near a licenced venue, they:
- behave in an offensive or disorderly way
- commit an offence.
Welfare grounds
A person can be barred if, as a result of drinking too much alcohol, they:
- harm themselves
- harm a person living with them or a member of their family, including:
- a current or former spouse or domestic partner
- a parent, child, brother or sister
- a housemate.
Any reasonable cause
A person can be barred from a liquor venue for any other reasonable cause.
Length of barring
The length of a barring order depends on whether the individual has been barred in the past. If required, the Liquor and Gambling Commissioner can approve a longer period than is specified in the table.
| Length of barring | |
|---|---|
| First barring | Up to 3 months |
| Second barring | Up to 6 months |
| Third and subsequent | A specified period of time (can be indefinite) |
Breaching a barring order
Anyone who enters a premises after being barred is guilty of an offence. If this happens, the licensee or an employee must ask them to leave the licensed premises. If a barred person refuses to leave, a licensee, responsible person or police officer may remove them from the premises using reasonable force if necessary.
Both the barred person and venue staff who fail to act can be subject to an on-the-spot fee of $315 or a fine of up to $5,000.
Having a barring order reviewed
If a barring is for more than one month, the barred person can apply to the Liquor and Gambling Commissioner for a review. The commissioner's decision can't be appealed.
The person who completed the barring order and the licensee are required to attend a hearing, as well as any witnesses to the incident. Attendees must be prepared to present evidence if asked. This may include:
- CCTV
- police reports
- documentation of the incident.
Revoking an order
A licensee or a responsible person for the licensed premises can revoke a barring order by completing a licensee revocation order available from Consumer and Business Services.
Contact CBS Liquor and Gaming
Email: liquorandgaming@sa.gov.au
Phone: 131 882
Post:
GPO Box 2169
Adelaide SA 5001
