Intro
This factsheet sets out the circumstances in which a person who has not met the licensee’s reasonable standard of dress requirements may be refused the service of alcohol, denied entry, requested to leave, or even removed from a licensed premises.
The Liquor Control Act 1988 (LC Act) allows a licensee to set requirements for the dress standards which must be met by those present on the licensed premises, so that any person who does not meet these standards can be:
For convenience, these powers will be called the powers of refusal. For these to apply, the dress standards must be reasonable and have been conspicuously displayed at each entrance to the part of the premises where the dress standards applies.2
Only authorised people can exercise the powers of refusal. Authorised people include the licensee, a manager or other person engaged or employed by the licensee, an occupier of the premises, a police officer 3 a licensed crowd controller who has been authorised in writing by the licensee, occupier or manager of the licensed premises to allow them to remove a person from a licensed premises.4
On the request of an authorised person, a police officer is to prevent the entry of, or remove from the licensed premises, any person who has been refused entry, or been asked to leave and refused to do so.5
For more information about the other circumstances in which the powers of refusal may be exercised, refer to the factsheet Refusal of service — powers of licensees.
A person who has been required by an authorised person to leave the premises commits an offence if they do not do so and is subject to a fine of $5000.6
Any person who was refused entry, removed or required to leave commits an offence subject to a fine of:
Some licensees within particular communities (and with the support of police) have agreed to adopt a uniform dress standard under the terms of their local liquor accord. While licensees are encouraged to enter into similar voluntary arrangements, this is not always possible. Licensees can consider asking the Director of Liquor Licensing to impose a dress standard as a condition of the licence.
Further information on licence requirements is available, or contact 61 8 6551 4888.
The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.