Liquor Control Act 1988

The Director may dispose of an application under section 152NJ(1) —

by making an order prohibiting the subject person from entering or remaining in all protected entertainment precincts; or

by refusing the application; or

at the request of the Commissioner of Police — by discontinuing the application.

The Director must not make an order under subsection (1)(a) unless —

the Director has given the subject person a reasonable opportunity to make submissions or to be heard in relation to the application; and

the Director has had regard to —

any information or document provided by the Commissioner of Police in or with the application; and

any information or document provided by the subject person under paragraph (a);

either subsection (3) or (4) applies.

This subsection applies if the Director is satisfied, on reasonable grounds, that making the order is necessary because —

the subject person has behaved in an unlawful, anti‑social, violent, disorderly, offensive, indecent or threatening way (whether or not the behaviour arose from, or was related to, the use of liquor); and

the location where the behaviour occurred —

was, at the time the behaviour occurred, a public place; and

is, at the time the order is to be made, in a protected entertainment precinct (whether or not the location was in a protected entertainment precinct at the time the behaviour occurred);

there is a risk that, unless the order is made, the subject person will behave in a way that —

causes violence or public disorder in a protected entertainment precinct; or

has an adverse effect on the safety or welfare of persons in a protected entertainment precinct.

This subsection applies if —

the subject person is subject to a prohibition order under Part 5A; and

the Director is satisfied that —

a reason that the prohibition order was made was that the subject person engaged in particular behaviour (whether or not the behaviour arose from, or was related to, the use of liquor); and

the location where the behaviour occurred was, at the time the behaviour occurred, a public place; and

the location where the behaviour occurred is, at the time the order under subsection (1)(a) is to be made, in a protected entertainment precinct (whether or not the location was in a protected entertainment precinct at the time the behaviour occurred); and

it is in the public interest to make the order under subsection (1)(a).

In making an order under subsection (1)(a), the Director may specify in the order any terms or conditions that the Director thinks fit (including, without limitation, terms or conditions that provide exceptions to the prohibition in the order).

An extended exclusion order has effect subject to any terms or conditions specified in the order.

If the Director refuses or discontinues an application under subsection (1)(b) or (c), the Director must ensure that written notice of the refusal or discontinuation is —

served on the subject person in accordance with section 152NZQ(2); and

given to the Commissioner of Police.