At some point all liquor licensees will be faced with a decision about refusing to serve alcohol to a patron. Whether this decision is based on legal or safety requirements, it is important to deliver a consistent message that all patrons understand.

Licensees, as part of their risk-assessed management plan, may have a written policy that deals with 'refusal of service'. This will give staff a clear understanding of their responsibilities and the steps to be taken when refusing to serve patrons.

The following are some suggested 'do's and don'ts' of service refusal.

Dos of service refusal

• Do obtain agreement from a supervisor and notify security, if available, before speaking to the patron.
• Do be polite and avoid value judgements. Use tact - politely inform the patron you will not serve them any more alcohol.
• Do point to posters/signs behind the liquor service point to reinforce your decision.
• Do explain the reason for refusal of service (e.g. continued bad language, inappropriate behaviour).
• Do offer (if appropriate) non-alcoholic beverages instead, or to phone a taxi or a friend to drive them home. It is harder to get angry with someone offering to do something for you.
• Do make sure that they leave the premises safely and that they do not hang around outside.
• Do enter incidents relating to refusal of service in a log book, especially those involving threats or aggression.

Don'ts of service refusal

• Don't call your patron a 'drunk' - warn them politely that their behaviour is unacceptable.
• Don't be persuaded to give them 'one last drink' after you have stated that they have had enough.
• Don't agree to let the person finish their drinks (it is an offence under the Liquor Act to allow a minor or unduly intoxicated or disorderly person to consume liquor on licensed premises).
• Don't raise your voice. If they raise theirs, lower yours.
• Don't put off refusal hoping that the patron will leave after the next drink - act while the patron can still be reasoned with.
• Don't think the matter is over because you have verbally addressed it.

Also consider...

• Read more about compliance for liquor and wine licensees.
• Download printable compliance signage for licensed venues.
• Read OLGR's Liquor Compliance Strategy.

There are 3 levels of bans that can be imposed on patrons:

• court-imposed bans
• police-imposed bans
• venue-imposed bans.

Information about a person's ban (either a police banning notice, a court banning order or a special bail condition) will be linked into networked ID scanners in licensed venues to enhance enforcement.

It is an offence for either the licensee or a staff member responsible for controlling an entry to the premises to not ensure patrons comply with ID scanning entry requirements.

Court-imposed bans

Legislation provides courts with powers to ban people from specified licensed premises or specified areas around licensed premises.

Banning orders are a sentencing option for offences related to violence or drug trafficking and supply committed in, or in the vicinity of, licensed premises.

A banning order can also be imposed under the Bail Act 1980 as a condition of bail in the case of offences of violence in, or in the vicinity of, licensed premises. The court or a police officer is required to consider attaching such a condition to bail in certain circumstances.

The court-issued banning orders can be for up to 12 months, or longer if attached to a sentence for a criminal offence, and can apply inside and outside of venues.

These powers strengthen the ability of the courts and police officers to enforce expected standards of community behaviour, recognising that everyone deserves to be able to enjoy themselves responsibly and feel safe in community spaces.

What court-ordered patron bans mean for licensees

Through court-ordered bans, patrons who endanger public safety through violence can be held to account. There are significant penalties for persons found to contravene a banning order, and any breach of a ban made through bail conditions may also have serious consequences for the individual, including having their bail revoked. Penalties include a fine or up to 1 year imprisonment.

The legislation allows for copies of banning orders to be provided to venues to which the ban relates, including to approved operators for uploading to the approved ID scanning system. The Queensland Police Service and the Office of Liquor and Gaming Regulation will work closely with industry to facilitate suitable arrangements for the distribution of this information.

Police-imposed bans

The Police Powers and Responsibilities Act 2000 provides police with powers to ban people from:

• entering or remaining in a stated licensed premises or a stated class of licensed premises
• entering or remaining in a public place located within a safe night precinct (SNP)
• an event being held in a public place where liquor will be sold for consumption at the event
• being near those places - a distance to/from, or an area the ban extends to (e.g. 500m from a specified SNP).

The duration of the ban may be either a period of no longer than 1 month or if the notice applies to a particular event, up until that event finishes.

Police may amend banning notices by issuing further notices to:

• extend the duration of the initial ban for a total period of up to 3 months (this can include specific days or times)
• include additional relevant public places.

Venue-imposed bans

As well as court-ordered and police-ordered patron bans, licensees can use venue-imposed bans to deal with patrons demonstrating violent and inappropriate behaviour. Legislation allows for these types of bans to be included in the approved ID scanning system data. It is important that licensees continue to use methods including:

• removal or refusal of entry - for people exhibiting disorderly or other inappropriate behaviour (this cannot be discriminatory in nature)
• venue-specific bans - where a licensee bans a patron indefinitely or for a specified period of time due to inappropriate behaviour, including acts of violence
• group venue bans - where a number of licensees (usually members of a liquor accord or safe night precinct) ban patrons from all participating venues indefinitely or for a specified period of time, due to inappropriate behaviour, including acts of violence. It is important that each individual licensee considers whether to ban the patron and makes their own decision as to whether a patron will be banned from their premises.

If you have an objection to a venue-imposed ban, please contact the venue directly to discuss the matter with the licensee or venue manager.

It is an offence for the licensee, either directly or through a person authorised to act on their behalf, to ban an investigator from entering the licensee’s venue. This does not apply if the licensee can prove the ban was imposed because of the investigator’s behaviour as a patron at the venue.

Also consider...

• Learn about refusing entry to banned patrons.
• Read more about compliance for liquor and wine licensees.
• Read OLGR's Liquor Compliance Strategy.