Prohibition orders can be issued to people who are involved in
anti-social behaviour in or around licensed premises, or whose
employment in licensed premises is deemed to be problematic due to their
involvement in serious or organised crime.
Essentially, a prohibition order can mean:
person is prohibited from being employed by a licensee at a specified
licensed premises, licensed premises of a particular class or any
licensed premises; or
- A person is prohibited from entering a
specified licensed premises, licensed premises of a specified class or
any licensed premises.
Evidence in support of a prohibition application
application for a prohibition order under section 152B of the Act must
set out the reasons why a person should be prohibited and any other
information that is relevant to the issue.
This can include
details of any criminal convictions and any information regarding the
person’s involvement in serious and/or organised crime.
Notice of application
Director of Liquor Licensing must give the person who is the subject of
the application written notice that states that the application has
been made and explains the proposed effect of the order.
The person must also be informed of the information and documents provided in support of the application.
person should also be informed that they will be given reasonable
opportunity to make submissions or be heard in relation to the matter.
However, the Act states that the Director of Liquor Licensing must not
disclose information that is classified as confidential by the
Commissioner of Police.
The Director of Liquor Licensing may
impose a prohibition order only if he/she is satisfied it is in the
public interest to do so.
A prohibition order can be issued for a maximum of five years, or two years for a juvenile.
$10,000 penalty applies to a person who is given a prohibition order
and fails to comply with that order. Any person given a copy of the
prohibition order but continues to employ the person who is subject to
the order also commits an offence. The penalty for this offence is
Disclaimer: The information provided in this fact sheet is general in nature – for full details, reference should be made to the Liquor Control Act 1988.