South Australian Consolidated Acts

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LIQUOR LICENSING ACT 1997 - SECT 124

124—Power to refuse entry or remove intoxicated persons or persons guilty of offensive behaviour

        (1)         An authorised person may, if necessary, use reasonable force to remove a person from, or prevent the entry of a person onto, licensed premises if—

            (a)         the person is intoxicated; or

            (b)         the person's speech, balance, coordination or behaviour is noticeably impaired and it is reasonable to believe that the impairment is the result of the consumption of liquor; or

            (c)         the person is behaving in an offensive or disorderly manner.

        (2)         An authorised person may, if necessary, use reasonable force to remove a person from licensed premises if the authorised person reasonably suspects that the person has supplied, or is about to supply, liquor to another person on the licensed premises in circumstances in which—

            (a)         that other person is intoxicated; or

            (b)         that other person's speech, balance, coordination or behaviour is noticeably impaired and it is reasonable to believe that the impairment is the result of the consumption of liquor.

        (2a)         If a licensee or a responsible person for licensed premises requests a police officer to exercise a power conferred by this section in relation to a person, the police officer must do so if satisfied that the power may be exercised in relation to the person under this section.

        (3)         A person removed from licensed premises under this section who re-enters the licensed premises within 24 hours of being removed from them is guilty of an offence.

        (4)         A person who—

            (a)         is removed from licensed premises, or refused entry to, or prevented from entering, licensed premises under this section; and

            (b)         enters or attempts to enter the licensed premises within the following 24 hours,

is guilty of an offence.

        (5)         A police officer may arrest, without warrant, any person who commits an offence against subsection (4).



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