Licensees need to be aware of their responsibilities not to allow drunk, violent or quarrelsome persons to enter or remain on their licensed premises. This page provides information on banning or barring patrons.
To assist licensees, there are 3 options available to licensees when it comes to banning or barring troublesome patrons.
General powers to refuse a person entry to your premises
Every licensee can refuse entry to any person, as long as the reason is not discriminatory. The licensee also has the right to ask any person to leave their licensed premises.
No special laws or forms are required, but if a patron continues to be a problem or if a particular incident is severe enough, the licensee can carry out one of the more formal options below.
Discuss banning a person under the local liquor accord
This option is available to licensees who are members or signatories of a liquor accord agreement. Under the Liquor Control Reform Act 1998, members of a liquor accord may agree to ban a troublesome patron from all licensed premises of the participating accord licensees.
In deciding to ban a patron from venues, licensees should:
- ensure that the process is fair and transparent
- in determining the period of the ban, licensees should consider the severity of the incident, and
- impose banning periods that have reasonable time limits (up to a maximum of 12 months).
Under the terms of a liquor accord, accord members may disclose basic information only among other accord members about the banned patron (e.g. person's name and the period of the ban) for the purpose of implementing and enforcing the ban.
Issue a barring order
Licensees, responsible persons (any person in management or control of a licensed premises) and police officers have the power to issue a barring order that is enforceable by Victoria Police. An authorised barring order form must be used for this purpose. It is important that the authorised form be used otherwise this may invalidate the barring order.
- Once a person is served with a barring order, they must leave the venue and its vicinity, and cannot return until the barring order expires (the time period will be specified on the barring order).
- The vicinity of a licensed venue is defined as within 20 metres of the venue. If a person does not comply with the barring order, Victoria Police may issue them with an infringement notice.
- Victoria Police also have the option of formally charging the barred patron with an offence for which the person would be required to appear in court.
Barring order booklets
A licensee can order barring order booklets (containing 25 carbon copy forms) by emailing contact@liquor.vic.gov.au (please include 'Request for Barring Order booklet' and venue details such as premises name, address and liquor licence number).
To issue a Barring Order, you must know the name of the person, and if possible, their address and date of birth. There is space on the Barring Order booklet to record each person's details. You must also maintain a record of the people you have barred under this process.
Request to change or cancel a barring order
If you are a barred person and would like the barring order to be changed or cancelled, you should contact the person who issued the order to request having it changed or cancelled.
This is because the person who issued the barring order will have a better understanding of why it was issued, and so any changes are best made by them.
A barred person can also make a request to the Victorian Liquor Commission (the Commission) to change or cancel the barring order.
The Commission’s power to change or cancel a barring order can be used on its own initiative, or on the request of the barred person, the issuing licensee or a police officer. It is intended that the Commission will only exercise its powers to ensure fairness and accuracy within the barring order processes.
Designated areas
Some entertainment precincts in Victoria have been classified as designated areas. Victoria Police have the power to ban a person from a designated area for up to 72 hours by issuing a banning notice. Victoria Police can either ban the person from all licensed premises in the designated area or from the designated area.
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