The Liquor Licensing Act 1997 prohibits people from entering or remaining on licensed premises if they are wearing or carrying certain prohibited items associated with declared criminal organisations (often called ‘bikie gangs’). These changes also impose restrictions on licensees, responsible persons and their employees.
A person is committing a criminal offence if they enter or remain in licensed premises while they are wearing or carrying a prohibited item, which is clothing, jewellery or an accessory that displays the name of, or a symbol representing, a declared criminal organisation. They are also committing an offence if they refuse to leave licensed premises when asked to do so by management or the police.
Importantly, licensees, responsible persons and their employees are also committing a criminal offence if they allow a person who is wearing or carrying a prohibited item to enter or remain on licensed premises. Licensees, responsible persons and employees can avoid committing an offence if they call the police and report the person. If such a call is made, the police must respond. Police have advised that calls should be made to 131 444.
Licensees are advised to make all staff aware of the law and to include it in their Liquor Management Plan as required under the General Code of Practice, to reflect the provisions. Staff need to be trained in the management plan to ensure that they are aware of the relevant procedures.
Consumer and Business Services has signage that will assist licensees to notify the public about the laws.
All outlaw motorcycle gangs with a presence in South Australia are declared. South Australia Police have a poster with the logos of the declared criminal organisations as well as examples of the prohibited items which cannot be taken onto licensed premises.
Alternate view of Licensed premises and Declared Criminal Organisations (PDF 160KB)