I have been issued with an Exclusion Order – What does that mean?

Posted on: October 18, 2024

Posted in: Criminal Law, Liquor Licensing

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Protected Entertainment Precincts

A Protected Entertainment Precinct (PEP) is an area with a high concentration of licensed venues where safety is prioritized. These areas can change over time. The current PEPs in Perth are:

  • Northbridge-Perth
  • Fremantle
  • Scarborough
  • Hillarys
  • Mandurah

 What is an Exclusion Order?

An exclusion order bans someone from entering or staying in all PEPs. The duration depends on the type of order and the person’s age.

Police can issue a short-term exclusion (up to 6 months).

The Director of Liquor Licensing can issue an extended exclusion: up to 5 years for adults and 2 years for minors. Exceptions allow access to PEPs for work, study and other specific reasons.

Breaching an Exclusion Order

Breaching an exclusion order is a criminal offence, usually dealt with in the Magistrates Court, where penalties include fines or imprisonment.

For legal advice relating to a breach of an exclusion order, contact Fraser & Associates Lawyers.

 

When Can Police Issue a Short-Term Exclusion?

Police may issue a short-term exclusion if, in a PEP, you act unlawfully, antisocially, or violently, posing a risk to public safety. A “public place” includes licensed venues, fee-based locations, publicly accessible private spaces, and vehicles in public areas.

When Can the Director of Liquor Licensing Issue an Extended Exclusion?

The Director of Liquor Licensing can issue an extended exclusion upon police request if you engage in unlawful or dangerous behaviour in a PEP or have an existing prohibition order due to similar conduct.

The Licensing Authority will invite you to provide a submission before a decision is made, and police may also present evidence, including criminal history.

For assistance with preparing a submission to prevent the issue of an extended exclusion, contact Fraser & Associates Lawyers.

 

Modifying or Removing an Exclusion Order

You can request the Commissioner of Police to change or remove a short-term exclusion order, and if denied, you can seek a review from the Liquor Commission. For extended exclusions, both you and the Commissioner can request changes from the Director of Liquor Licensing.

For assistance in reviewing an exclusion order, speak to Fraser & Associates Lawyers.

 

Mandatory Exclusion

Adults convicted of serious offences in a PEP, such as murder or grievous bodily harm, face automatic 5-year exclusion from all PEPs (2 years for minors). This exclusion period pauses if you’re in custody.

 Changing a Mandatory Exclusion

Mandatory exclusions cannot be changed or removed, except through a successful appeal of the underlying conviction.

For assistance with an appeal, contact Fraser & Associates Lawyers.

 

Breaching a Mandatory Exclusion

Breaching a mandatory exclusion is a criminal offence, with potential penalties including imprisonment.

For legal assistance relating to a breach of a mandatory exclusion, reach out to Fraser & Associates Lawyers.