Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a licensee,
whether personally or by an employee or agent —
(a)
permits —
(i)
drunkenness; or
(ii)
violent, quarrelsome, disorderly or indecent behaviour,
to take place on the
licensed premises; or
(b)
permits any reputed thief, prostitute or supplier of unlawful drugs to remain
on the licensed premises; or
(c)
permits or suffers to be conducted on the licensed premises any gaming or
betting which contravenes section 110(1) of the Gaming and Wagering
Commission Act 1987 or any other activity which contravenes a provision
of another written law,
that licensee, and the
employee or agent concerned, commits an offence.
Penalty:
(a) for
the licensee or a manager, a fine of $10 000;
(b) for
an employee or agent, a fine of $4 000.
(2) A person shall
not, on licensed premises or regulated premises —
(a) sell
or supply liquor, or cause or permit liquor to be sold or supplied, to a drunk
person; or
(b)
allow or permit a drunk person to consume liquor; or
(c)
obtain or attempt to obtain liquor for consumption by a drunk person; or
(d) aid
a drunk person in obtaining or consuming liquor.
Penalty:
(a) for
an offence on licensed premises —
(i)
for the licensee or a manager, a fine of $10 000;
(ii)
for an employee or agent, a fine of $4 000;
(iii)
for anyone else, a fine of $2 000;
(b) for
an offence on regulated premises —
(i)
for the owner of the regulated premises, a fine of
$10 000;
(ii)
for anyone else, a fine of $2 000.
(3) It is a defence to
a charge of an offence against subsection (2)(a) of selling or supplying
liquor to a drunk person to show that the person charged was instructed by the
licensee, a manager or another person in a position of authority in relation
to the person charged to sell or supply the liquor to the drunk person.
(4) If
subsection (4a) applies to a person —
(a) an
authorised person may refuse the person entry to the licensed premises or a
part of the premises; or
(b) an
authorised person may require the person to leave the licensed premises or a
part of the premises; or
(c) if
the requirement under paragraph (b) is not complied with — an
authorised person, or any other person on the request of an authorised person,
may remove the person from the licensed premises or a part of the premises
using such force as may be reasonably necessary; or
(d) an
authorised person may refuse to sell liquor to the person.
(4a) This subsection
applies to a person who —
(a) is
or appears to be drunk; or
(b) is
behaving in an offensive manner; or
(c) is
not dressed in conformity with the licensee’s requirements for a
standard of dress, being requirements —
(i)
that were at the relevant time reasonable in the
circumstances; and
(ii)
notice of which had been conspicuously displayed at each
entrance to any part of the premises where the requirements were to be
complied with;
or
(d) is a
person who the authorised person has reasonable cause to believe —
(i)
cannot or will not pay; or
(ii)
is or is known to be quarrelsome or disorderly; or
(iii)
is seeking to obtain liquor by begging;
or
(e) is
or is known to be, or is an associate of, a reputed thief, prostitute,
supplier of unlawful drugs, or person convicted of an offence involving
unlawful drugs or violence that is punishable by a term of imprisonment
exceeding 3 years; or
(f) is
or appears to be a person whose presence, or to whom the provision of service,
on the licensed premises will occasion the licensee to commit an offence under
this Act; or
(g)
seeks to enter or enters or remains on the licensed premises at a time when
they are closed or are required under this Act to be closed; or
(h)
requests service on a part of the premises —
(i)
where the licensee is not authorised to provide the
service requested; or
(ii)
set aside for the purposes of a private function.
(5) A person
who —
(a)
obtains or attempts to obtain liquor from a licensee or the employee or agent
of a licensee by falsely pretending, or representing, that he or she is a
lodger of the premises or is there for the purpose of taking a meal or has
taken a meal there; or
(b)
without lawful excuse, the burden of proof of which lies on that person,
enters licensed premises at a time when they are closed or are required under
this Act to be closed; or
(c)
having been required under subsection (4) to leave the licensed premises
or a part of the premises, does not do so,
commits an offence.
Penalty: a fine of $2 000.
(6) A person
who —
(a)
under this section —
(i)
has been refused entry to; or
(ii)
has been required to leave and has left, or been removed
from,
licensed premises; and
(b)
remains —
(i)
on any footpath; or
(ii)
in any area subject to the control or management of the
licensee,
that is adjacent to
the licensed premises,
commits an offence.
Penalty: a fine of $2 000.
(7) A person who
re-enters premises within 24 hours of being refused entry to, required to
leave, or being removed from, those premises under this
section —
(a)
commits an offence; and
(b) any
other person, on the request of the licensee or a manager of the premises, may
remove the person who re-entered the premises from those premises using such
force as may be reasonably necessary.
Penalty: a fine of $2 000.
(8) A member of the
Police Force may, and on request by an authorised person shall, prevent entry
by, or remove, any person who, under this Act, has been refused entry to, or
is liable to be removed from, licensed or regulated premises.
(9) This section does
not limit any other right to refuse a person entry to premises or to remove a
person from premises.
[Section 115 amended by No. 12 of 1998
s. 80; No. 35 of 2003 s. 173(3); No. 73 of 2006 s. 80, 109
and 110; No. 56 of 2010 s. 25, 56 and 69.]