Liquor and Gaming NSW > Liquor > Serving alcohol responsibly

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Ejecting patrons

A licensed venue may refuse entry or eject a patron if they are:

  • intoxicated
  • violent, quarrelsome or disorderly
  • smoking in a smoke-free area
  • suspected of having or using illicit drugs on the premises
  • behaving in a way that causes the licensee to commit an offence under the liquor laws.

Intoxication

A person is intoxicated if:

  • their speech, balance, co-ordination or behaviour is noticeably affected; and
  • it is reasonable, given the situation, to believe that this due to the consumption of alcohol.

A person who has been refused entry or ejected from a licensed venue must:

  • leave the venue and vicinity immediately (50 metres)
  • not re-enter or remain in the vicinity for 6 hours
  • not re-enter the venue for 24 hours.

(Exceptions to the 50 metres vicinity rule include situations where the patron has a lawful excuse such as obtaining transport, residing in the area, or if they fear for their safety if they leave the vicinity).

When ejecting a person, staff should inform the patron that:

  1. They are required by law to move more than 50 metres away from the premises
  2. They must not re-enter the 50 metre vicinity within 6 hours
  3. They cannot return to the premises for at least 24 hours
  4. If they fail to comply they commit an offence.

Managers should record the incident in the incident register as soon as possible.