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NSW Expulsion from Licensed Premises - Unfair Treatment Under Australian Law?

Discussion in 'Other/General Law Forum' started by Robotix, 12 February 2016.

  1. Robotix

    Robotix Member

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    I attended a booked event at a local sports club recently. During my visit, I noticed a member of staff being rude and insulting to patrons. I was then treated in the same manner by the staff member. I then politely asked for their name though did not state that I was planning to make a formal complaint.

    The member of staff became irate and accused me of being argumentative, called security and I was ejected from the premises.

    I inquired at reception as to the reason for my ejection and was offered no answer. I emailed the club's administration and was informed that I was no longer welcome at their establishment.

    I think that I have been unfairly treated.

    Any help under Australian law would be greatly appreciated.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Robotix,

    Assuming you were not drunk or disorderly which would trigger rights under the Liquor Act, a licensee would still have rights to remove you from their venue or bar you for an extended period of time or even seek a formal banning order against you. Whilst you have an implied common law invitation to enter a licenced premises, this can be revoked at any time by the establishment as long as it is not discriminatory (as defined by applicable discrimination legislation).

    Licensees do have significant powers to control patron behaviour in their venues by setting rules which determine what is acceptable. It is important that such rules however are based on the behaviour of persons and not personal characteristics - as the latter may constitute discrimination.

    Generally, a venue will have house policies or patron codes of conduct which determine what is acceptable patron behaviour and usually indicate that failure to behave in accordance with the policy or code will result in refusal of entry or removal from the venue. The rules may not be limited to being drunk or violent but simply being quarrelsome. Disregarding a removal or barring decision can constitute a criminal offence attracting fines.

    As long as they have not discriminated against you, therefore, you have not been treated unfairly - as far as the law is concerned. If you really want to you could write a letter requesting an explanation of the grounds upon which your ban is based.
     
  3. Robotix

    Robotix Member

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    Hello Sophea,

    Thank you for your reply.

    I have already written to the club stating that I was not intoxicated or acting in any way unbecoming to a patron under the laws regarding responsible service of alcohol in this state. I have already asked for a detailed explanation to this event that led me to be escorted from the premises by security.

    This request has fallen on deaf ears.

    I would not go there again out of principal recreation ally though in times of emergency, bush-fires and storms, it is used as a community center and evacuation point for people in danger from life-threatening events so I wonder what the rules would be for myself and my family in that situation.


    Thanks again for your helpful reply, Sophea.

    Kind regards
     

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