Failure to leave a licenced premises is a criminal offence. We’ve answered some common questions below. However, if you require specific advice you can book in a free initial consultation with our experienced criminal lawyers.
What does the charge mean?
If you’re intoxicated and refuse to leave a bar when asked, you can be charged. This is because the refusal to leave, or remaining in the vicinity, is a criminal offence. As a result, this offence usually occurs between a patron and a security guard or bar staff.
Additionally, if you behave in an offensive manner, or use offensive language, you could face further criminal charges.
Can I avoid a criminal record for Fail to Leave Licenced Premises?
Yes, it is possible to avoid a criminal record. However, this is more likely if it is your first criminal charge.
If convicted, you will likely receive a fine.
Will I go to jail?
No. The maximum penalty that can be imposed is $5,500 in NSW. Therefore, failing to leave a licenced premises is a fine only offence. In other words, it is not possible to go to jail for this offence.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt that:
- A licenced premises did not let you in, or
- The licenced premises asked you to leave, and
- Within 6 hours, you re-entered the vicinity of the premises
Therefore, you will be found not guilty if the prosecution is unable to prove these elements.
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Contact us today on 0421 700 497 for a free initial consultation.
