A Prohibition Order, in the context of the Liquor Control Act 1988, is an order issued by the Director of Liquor Licensing or the Liquor Commission that restricts or prohibits a person’s ability to enter or remain upon certain classes of licensed premises and consume liquor there. The Application for a Prohibition Order is usually made by the WA Police and is generally based upon charges or convictions for liquor-related criminal offenses.
Prohibition Orders can have various conditions and restrictions based on the circumstances and range of penalties sought by the Police which are then imposed by the Licensing Authority. In most cases, the Police take a carte blanche approach and seek to have specific individuals excluded from all on-site consumption Venues, including restaurants and special facility licences (like Optus Stadium). The affected party has the right to appeal a Prohibition Order to the Liquor Commission or the State Administrative Tribunal, depending on the specific circumstances. This can mean that a person convicted of a small offence at a nightclub can be prohibited from entering Venues such as Optus Stadium, or the Cinema, if a Prohibition Order is imposed.
A General overview of how the application process might work:
Identification of Grounds: The Licensing Authority responsible for issuing Prohibition Orders, which is typically the Director of Liquor Licensing or the Liquor Commission, identifies grounds for issuing a Prohibition Order against a person. These grounds could include unsuitability, public interest concerns, or violations of liquor laws.
Investigation: The Licensing Authority may conduct an investigation to gather evidence and information regarding the grounds for the Prohibition Order. This could involve reviewing records, interviewing witnesses, and gathering relevant documentation.
Notice to Affected Person: If the Licensing Authority believes there are sufficient grounds for a Prohibition Order, they will typically notify the person who is the subject of the application. This notice would outline the reasons for the proposed Prohibition Order and provide the person with an opportunity to respond.
Opportunity to Respond: The person who is the subject of the proposed Prohibition Order has the right to respond to the allegations and present their case. They may provide evidence, arguments, and any relevant information that supports their position.
Decision-Making Process: After considering the evidence presented by both parties (the Police and the affected person), the Licensing Authority will make a decision on whether or not to issue a Prohibition Order. This decision is typically based on the legal provisions outlined in the Liquor Control Act and any relevant regulations.
Issuing the Prohibition Order: If the Licensing Authority decides to issue a Prohibition Order, they will provide the affected person with a written order outlining the terms and conditions of the prohibition. This order will specify the duration of the prohibition, the activities restricted, and any other relevant details.
Appeals: The affected person has the right to appeal the Prohibition Order to the appropriate appellate body, which is usually the Liquor Commission or the State Administrative Tribunal. The appeal process allows for a review of the decision and an opportunity to present further evidence and arguments.
If you receive notice of a Prohibition Order, it is important that you understand how and for what duration it may affect you. We always recommend at least engaging with the process, as the effects of a Prohibition Order can be long reaching and sometimes even unforeseen. Contact our office today if you would like to get some advice on a Prohibition Order.