Failure to Leave Licenced Premises

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:

  1. A licenced premises did not let you in, or
  2. The licenced premises asked you to leave, and 
  3. 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.

We can help 

We are committed to your result.

Contact us today on 0421 700 497 for a free initial consultation. 

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