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Police banning notices

There are laws in Queensland about how you can behave at or near places where alcohol is being sold. This includes licensed premises, special areas known as ‘safe night precincts’ or events at which alcohol is being sold.

A police officer can issue you with a notice banning you from these places if you have behaved in a disorderly, offensive or violent way. It is an offence to disobey a police banning notice.

If you’ve been given a police banning notice or have been charged with disobeying a police banning notice, get legal advice.

What is a police banning notice?

A police banning notice is notice that stops you from entering or remaining at:

  • a licensed premises
  • a safe night precinct
  • an event at which alcohol is being sold, or
  • an area which is a reasonable distance to any of the above.

A police banning notice can stop you from entering or remaining at these places during stated days or stated times.

The police officer can’t ban you from entering your own home, place of employment or place of education.

It’s a criminal offence to disobey a police banning notice. If you are charged with disobeying a police banning notice, get legal advice.

When can the police give me a banning notice?

A police banning notice can only be given to you if you are 17 or older.

A police officer may give you a police banning notice if you:

  • have behaved in a disorderly, offensive or violent way at or in the vicinity of:
    • a licenced premises
    • a safe night precinct
    • an event at which alcohol is being sold, and
  • you being at that place poses an unacceptable risk of:
    • causing violence at those places
    • affecting the safety of other people at those places, or
    • disrupting or interfering with the peaceful passage, or reasonable enjoyment of other people at those places.

The police banning notice will take effect from the day and time you are served with it.

Before giving you a police banning notice, the police officer must explain to you the effect of the notice, how long the notice will last and the consequences of disobeying the notice.

The police officer should also let you know that the banning notice may be cancelled or extended by a police officer and that you can apply to the Commissioner of Police to have the notice amended or cancelled.

Types of police banning notices

There are two types of police banning notices:

  1. initial police banning notice
  2. extended police banning notice.

You will first be given an initial banning notice. An initial police banning notice can last up to 10 days after the starting time on the notice.

Once you have been given an initial police banning notice, a police officer may decide to give you an extended police banning notice, which can extend the duration of the banning notice, ban you from additional places or ban you for additional days or times.

The police should only give you an extended police banning notice if they are reasonably satisfied that it is necessary. A police officer can only make an extended police banning notice if the decision is made at least 3 days before the ending of the initial banning notice.

An extended police banning notice can last up to 3 months after the starting time of the initial police banning notice.

Can I apply to have the police banning notice amended or cancelled?

Yes. You can apply to the Commissioner of Police to have a police banning notice amended or cancelled.

For an initial police banning notice, you must apply for the notice to be amended or cancelled within 5 days of receiving the notice.

For an extended police banning notice, you can apply for the notice to be amended or cancelled at any time.

The commissioner must decide whether to amend or cancel the police banning notice:

  • no later than 5 business days after receiving the application for an initial police banning notice, or
  • as soon as reasonably practicable, for an extended police banning notice.

Examples of reasons to apply to have the police banning notice amended or cancelled include:

  • that it prevents you from entering, remaining in or travelling to your home, place of employment or place of education
  • it is causing, or will cause, undue hardship to you or a member of your family.

If you are applying to have a police banning notice amended or cancelled, you should get legal advice.

Can I appeal the commissioner’s decision?

You can only apply to the Queensland Civil and Administrative Tribunal to review the commissioner’s decision about an extended police banning notice.

If you want to appeal a police banning notice, get legal advice.

How else can I be banned?

You can also be banned from entering or being near a licensed premises, a safe night precinct or an event at which alcohol is being sold by:

You should get legal advice.

Can the police take my photo?

A police officer can detain you to take your photo if you have been banned from entering licenced premises, a safe night precinct or an event at which alcohol is being sold.

You can be banned from entering licensed premises, a safe night precinct or an event at which alcohol is being sold by:

Your photo may be distributed to prevent you from entering the places stated in the order. It should not be used for any other purpose other than to prevent you entering the places stated in the order.

There are rules about when a photo taken of you for the purpose of a ban should be destroyed. You should get legal advice.

Your photo can’t be used for any other purpose except to prevent you from entering the places stated in the ban.

You should get legal advice.

Do I need legal advice?

You may need legal advice if you

  • have been given a police banning notice or a banning order
  • want to apply to the Commissioner of Police to have a police banning notice amended or cancelled
  • want to appeal a decision about a police banning notice
  • have been charged with a criminal offence.

Get legal advice

Legal Aid Queensland may give legal advice about police banning notices and drug and alcohol related offences. We can’t provide you with a lawyer to attend a police interview.

The following organisations may also be able to provide you with legal advice.

Community legal centres may give free preliminary legal advice and information on some criminal law matters. Most CLCs do not provide legal representation. Contact them to find out if they can help with your matter.

The Queensland Law Society can refer you to a specialist private solicitor who can provide advice and representation

Who else can help?

These organisations may also be able to help with your matter. They do not provide legal advice.

Department of Justice and Attorney-General provides information about going to court to help defendants and witnesses.

Queensland Courts provides information on all courts in Queensland including magistrates court and Childrens court of Queensland and provides information about Court Diversion for a Minor Drug Offence.

Alcohol and Drug Information Service provides information, counselling and referral for anyone with concerns related to the use of alcohol or other drugs.

Drug Arm provides a range of services including counselling, family assistance, family support, information and referral and an illicit drugs diversion initiative.

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