General information about the law, not legal advice. Both Acts are linked at the foot of this page with the version read, and they are the official text to check. This guide covers licensed premises only.
New South WalesWho may ask, and on what grounds
The powers in section 77 of the Liquor Act belong to an “authorised person”, meaning “a licensee, an employee or agent of a licensee or a police officer”. In a registered club, an employee includes a person engaged under a contract for services.
An authorised person “may refuse to admit to, or may turn out of, licensed premises any person”:
- “who is at the time intoxicated, violent, quarrelsome or disorderly, or”
- “whose presence on the licensed premises renders the licensee liable to a penalty under this Act, or”
- “who smokes, within the meaning of the Smoke-free Environment Act 2000, while on any part of the licensed premises that is a smoke-free area within the meaning of that Act, or”
- “who uses, or has in his or her possession, while on the premises any substance that the authorised person suspects of being a prohibited plant or a prohibited drug, or”
- “whom the authorised person, under the conditions of the licence or according to a term (of the kind referred to in section 134 or 136D) of a liquor accord, is authorised or required to refuse access to the licensed premises.”
A licensee, employee or agent may use these powers only for the licensed premises the licence relates to (s 77(11)).
In orderFrom the request to the six hours after
- Refused or turned outOnce refused or turned out under section 77(2), a person may be refused or turned out again at any time (s 77(3)).
- Required to leaveA person who could be refused admission and is on the premises “must, on being required so to do by an authorised person, leave the premises.” The maximum penalty is 50 penalty units (s 77(4)). That penalty is the patron’s, for not leaving; it is not a measure of what staff may do.
- Force“For the purposes of this section, such reasonable degree of force as may be necessary may be used to turn a person out of licensed premises.” (s 77(5)) Turning a person out includes causing them to be turned out (s 77(12)).
- 24 hoursA person refused admission or turned out must not come back in, or try to, within 24 hours: 50 penalty units (s 77(6)).
- 6 hours, 50 metresWithout reasonable excuse, the person must not remain in the vicinity of the premises, or re-enter the vicinity within 6 hours: 50 penalty units (s 77(8)). The vicinity is “any place less than 50 metres from any point on the boundary of the premises”. Reasonable excuses include a reasonable fear for their safety, needing to obtain transport, or living in the vicinity (s 77(9)); the person charged must prove the excuse (s 77(10)).
The recordThe incident register a security firm keeps
Under the Security Industry Regulation 2026 (NSW), a master licence holder that provides a class 1 licensee must, as a Tier 2 condition of its licence, keep an incident register of incidents during the licensee’s work, among them:
- for a class 1A, 1B, 1C, 1D or 1F licensee, when the licensee “makes forcible physical contact with, or physically restrains, a person”;
- for a class 1A licensee, when the licensee “ejects a person from, or directs a person to leave, the place at which the security activity is being carried on”.
Each incident is recorded as soon as practicable, and before the licensee involved finishes that shift. Each record stays in the register for at least 3 years.
VictoriaA duty to leave, and police to help
Victoria’s Act (amendments as at 1 July 2024) starts from the patron’s duty to leave. Under section 114(2), a person who is drunk, violent or quarrelsome commits an offence if they refuse or fail to leave licensed premises when asked by the licensee or permittee, by an employee or agent of either, or by a police officer; the penalty is 50 penalty units.
After being refused entry, or leaving on request, the person must not without reasonable excuse stay in the vicinity (s 114(3)) or enter the premises again within 24 hours (s 114(4)): 20 penalty units each. Licensed premises here include any adjoining area the licensee or permittee owns or occupies (s 114(5)).
A licensee, permittee, responsible person or police officer may also serve a barring order for a specified period on a person who is drunk, violent or quarrelsome there, or whose drinking they reasonably believe puts someone’s safety at substantial or immediate risk (s 106D). The licensee or permittee must not permit drunken or disorderly persons on the premises: 120 penalty units (s 108(4)(b)).
These Victorian sections give staff no force rule. They give police help instead: on request from the licensee or permittee, or their employee or agent, police must expel, or help expel, a person asked to leave whose presence would expose the licensee or permittee to a penalty (s 132).
Side by sideThe two Acts at the door
| Question | New South Wales | Victoria |
|---|---|---|
| Refusing to leave | 50 penalty units (s 77(4)). | 50 penalty units, for a person who is drunk, violent or quarrelsome (s 114(2)). |
| Force | Such reasonable degree of force as may be necessary (s 77(5)). | No force rule for licensees or staff in the sections read; police must expel or help on request (s 132). |
| Coming back | Not within 24 hours: 50 penalty units (s 77(6)). | Not within 24 hours without reasonable excuse: 20 penalty units (s 114(4)). |
| Staying nearby | Not in the vicinity (under 50 metres), or back into it within 6 hours, without reasonable excuse: 50 penalty units (s 77(8)). | Not in the vicinity without reasonable excuse: 20 penalty units (s 114(3)). |