Failure To Quit Licenced Premises

What is ‘Failure to Quit Licenced Premises’?

It is an offence to try and re-enter or stay at a pub or club after being asked to leave by security, a staff member or Police. If you have been refused entry or thrown out of a pub or club due to being drunk or disorderly, you must not attempt to re-enter that premises for a period of 24 hours.

This is an offence under s77 of the Liquor Act 2007 NSW.

In order to prove this charge, the prosecution must prove beyond a reasonable doubt that:

  • You had been refused admission or been thrown out of a licenced premises;
  • Due to intoxication or disorderly behaviour; and
  • Remained in the vicinity of the premises; or
  • Tried to re-enter the premises, without reasonable excuse.

Defences for failing to Quit Licenced Premises

  • Duress;
  • Necessity; and
  • Self Defence.

Penalty

The maximum penalty you can receive if convicted of this offence is a fine of $5500.

If you have been charged with this offence, you need specialist criminal defence lawyers who can provide you with honest, realistic advice and can obtain the best result for you. Contact Benjamin & Leonardo Criminal Defence Lawyers and get your first conference FREE.

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