A Police Banning Notice may be issued by the police if you are behaving in a disorderly, offensive or violent manner in proximity to a licensed venue.  The Police Banning Notice will ban you from a specific area or event, by stopping you from entering or remaining at:-

  • a licensed premise (such as a bar or nightclub);
  • a safe night precinct (such as the CBD of Mackay or another town);
  • a public event where alcohol is sold; or
  • an area surrounding one of the above areas.

The police are required to explain the notice to you.  The Police Banning Notice will then take effect immediately.  The notice will generally remain in place for a period of 10 days or until the event you are banned from is finished.  However, in some circumstances the Police Banning Notice can be extended for up to 3 months.

What is the Mackay Safe Night District?

If you are issued a Police Banning Notice while in the Mackay CBD (at a nightclub or hotel), you will often be banned from attending the Mackay Safe Night District.  The Mackay Safe Night District is bordered by Milton Street, Shakespeare Street, Tennyson Street and the Pioneer River.  If you are subject to a Police Banning Notice, you are not able to enter this area.

The Police Banning Notice will usually only prevent you from entering the area at night  and you will generally be able to enter this area during the day.  However, this is not always the case and it is important that you understand and comply with the conditions of your Police Banning Notice.

What happens if I do not obey the Police Banning Notice?

The police can distribute the Police Banning Notice to venues and events, to ensure compliance.  The Police Banning Notice will also be linked to identification scanners at licensed venues.  Should you attempt to enter a premise fitted with identification scanners, the police will be automatically notified.

It is an offence to breach a Police Banning Notice, unless you have a reasonable excuse for failing to comply.

Do I have to go to Court if I ignore the Police Banning Notice?

You will be required to attend Court if you are charged with breaching a Police Banning Notice.

The maximum penalty the Court can impose is a fine of 60 penalty units (as at 1 July 2018 a single penalty unit had a value of $130.55 which equates to a maximum fine of $7,833.00).  You can find out more information about penalty units here.

You will also be required to pay the Offender Levy, in addition to any other fine that is imposed.  You can find out more information about the Offender Levy here.

You can contact our office on 07 4963 2000 or via our online contact form if you would like to speak to our experienced team regarding your Police Banning Notice.

Cassandra Adorni-Braccesi Lawyer

Cassandra Adorni-Braccesi
Associate
Criminal Law

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