Protected Entertainment Precincts for Perth/Northbridge, Fremantle, Scarborough, Hillarys and Mandurah.
Legislative amendments to the Liquor Control Act 1988 to establish Protected Entertainment Precincts (PEPs) are in effect from Saturday 24 December 2022.
Under the new law, people who behave in an antisocial, violent or threatening way maybe banned from entering these precincts.
Everybody — from visitors to residents and businesses — has the right to feel safe and have fun without fear.
Protected Entertainment Precincts or ‘PEPs’ are named in honour of Giuseppe 'Pep' Raco, the victim of an unprovoked one-punch attack in Northbridge in July 2020.
Following his death, Giuseppe’s family ran a popular campaign to strengthen laws around violent offences in entertainment precincts.
The State Government listened to a range of feedback over a long period of time that these sorts of incidents occur too regularly.
We worked closely with the Raco family and consulted widely with stakeholders including industry and local government on the specifics of the legislation and the precinct boundaries.
The 5 precincts have been determined based on the current level of offending and the concentration of licensed premises.
Region: Metro
Download Fremantle Protected Entertainment Precinct Boundary map (PDF 1108 KB)
Download Hillarys Protected Entertainment Precinct Boundary map (PDF 983 KB)
Region: Peel
Download Mandurah Protected Entertainment Precinct Boundary map (PDF 1082 KB)
Download Perth/Northbridge Protected Entertainment Precinct Boundary map (PDF 1032 KB)
Download Scarborough Protected Entertainment Precinct Boundary map (PDF 1009 KB)
Exclusion orders can be issued to exclude someone from all precincts for up to 6 months, with the possibility of extended exclusion order of up to 5 years, if while in a public place in a Protected Entertainment Precinct:
Short-term exclusion orders can be issued by officers of the WA Police with the approval of a senior officer (with the rank of Inspector or above). Extended exclusion orders can be issued by the Director of Liquor Licensing on application by the Commissioner of Police.
People who are convicted of violent or sexual offences, including drink-spiking, in public places within Protected Entertainment Precincts will be subject to a mandatory 5-year exclusion.The penalty for breaching short-term or extended exclusion order is up to two years imprisonment and a fine of $12,000.
The penalty for breaching a mandatory exclusion period is up to 5 years imprisonment and a $12,000 fine.
Behaviour or offending that takes place in private residence will not be subject to the new provisions.
Exclusion orders must be served on the recipient by WA Police or the Director of Liquor Licensing. Exclusion orders may be served electronically or by post (depending on the person’s preference). If you are unsure if you have been issued with an exclusion order, please contact the Department of Local Government, Sport and Cultural Industries on:
Details of short-term exclusion orders will only be published on a secure webpage. Access to the secure webpage is limited to licensees of licensed premises and they should only be further disclosing the information to staff to assist them in complying with their obligations under the Act. Any other unauthorised disclosure of information or a photograph obtained from a secure webpage is an offence. These provisions are in place to protect the privacy of people who are subject to barring notices and short-term exclusion orders.
In relation to extended exclusion orders, the Director of Liquor Licensing may publish limited personal particulars on the DLGSC website, and this is consistent with the current arrangements for prohibition orders. Limited personal particulars include the person’s name, suburb and photograph. This level of detail is required to ensure that the individual can be appropriately identified as the individual subject to the exclusion order.
If you have been given an exclusion order or are under mandatory exclusion you may still be able to enter a Protected Entertainment Precinct for work, residential, study, health, and other approved purposes.
Section 152NZK(3) of the Liquor Control Act 1988 provides defences for someone to enter or remain in a Protected Entertainment Precinct. In this regard, a person must be able to prove they were:
A person who has been issued with a short-term exclusion order can seek a variation or revocation of the order by the Commissioner of Police. In addition, short term exclusion orders that are in effect for more than one month can be appealed to the Liquor Commission.
A person who has been issued with an extended exclusion order can seek a variation or revocation of the order by the Director of Liquor Licensing. In addition, they can apply to the Liquor Commission for a review.
There is no avenue to appeal a person’s status as an excluded offender — this status applies as a matter of law once someone is convicted of a prescribed offence. Only if someone’s conviction is overturned or quashed would the person no longer be considered an excluded offender.
WA Police assess if it’s appropriate to issue a short term exclusion order, based on Commissioner of Police guidelines:
If WA Police in the PEP determine a short term exclusion order is appropriate, approval must first be gained from a senior officer at the rank of Inspector or above.
Relevant information must be provided to the senior officer.
Senior officers can approve the issuing of an order based on the Commissioner’s guidelines verbally or in writing.
If a short term exclusion order is approved, it will be issued by police on duty. An officer serves the order on the recipient and provides information on appeal mechanisms.
Recipients can:
A Liquor Commission decision can be appealed to the Supreme Court, but only on a question of law.
Commissioner lodges application with the Director of Liquor Licensing.
Person against whom the application is made is served with a copy by WA Police.
Director serves a copy of the application on the recipient who can provide submissions in response.
Director considers the application and the recipient’s submissions.
Director determines whether to issue an order or dismiss the application.
If satisfied that an order is necessary, the Director issues an extended exclusion order.
Director serves the order on the recipient and provides information on appeal mechanisms.
Penalties apply for breaches of an exclusion order or a mandatory exclusion period.
The penalty for breaching short-term or extended exclusion order is up to 2 years imprisonment and a fine of $12,000.
If a licensee or responsible person knows someone is subject to an exclusion order or mandatory exclusion period, they commit an offence if they let the person enter their licensed premises. A penalty of $10,000 applies.
If a customer is identified as someone who is subject to a barring notice, prohibition order, an exclusion order or mandatory exclusion, the licensee or staff member must not let them enter the licensed premises. In this regard, if the licensee knows someone is subject to a barring notice, prohibition order, an exclusion order or mandatory exclusion they will commit an offence if they let the person enter the licensed premises. If someone who is subject to an exclusion order or mandatory exclusion attempts to enter a licensed premises, the licensee or staff member should contact WA Police.
Under the new legislation the Parliamentary Commissioner (the Ombudsman) will oversee and scrutinise the operation and exercise of powers under the new provisions and as part of that process, will have the authority to require the Commissioner or the Director to provide relevant information.
The Ombudsman will be required to prepare a report for the Minister for Racing and Gaming after three years of operation of the exclusion order provisions and will be required to identify any group in the community that is particularly affected. The report may also include recommendations about amendments that might be made to the exclusion order provisions.
If you have any questions, please contact exclusionorders@dlgsc.wa.gov.au or phone 61 8 6551 4888.