What is a LTBO ( Long Term Banning Order)?
You can be stopped from entering the Sydney city CBD or Kings Cross area in Sydney if you get intoxicated, act disorderly or cause a nuisance.
These bans are issued by police but are managed by the Independent Liquor and Gaming Authority NSW. It’s this authority that ask for the relevant ban and term of the ban.
Police can issue a Long Term Banning Orders ie “long-term banning order” (LTBO) means an order under section 116AE.
The test for how you can get one of these bans?
If the police believe ‘the person is intoxicated, violent, quarrelsome or disorderly’
YOU COULD BE BANNED FOR 12 MONTHS FROM ENTERING A ‘HIGH RISK’ ZONE INCLUDING THE SYDNEY CBD
According to Section 116AE Long-term banning orders -high risk venues (1) The Authority may, by order in writing (a “long-term banning order” ), prohibit a person from entering or remaining on any high risk venue for such period (not exceeding 12 months) as is specified in the order
How to dispute the Long Term ban?
Step 1: You must lodge a submission within 21 days to the Independent Liquor and Gaming Authority. The 21 days commences from the very first day you receive this order stating that you wish to contest it and/or seek an extension of time in the event you need more time to get your submission done.
Step 2: ETB Legal recommend you seek legal advice and have a lawyer prepare this submission for you as you may cause the submission to conflict with any court proceeding and the charges that marry up with the ban.
Submissions can be made to: LTBOapplications@ilga.nsw.gov.au
For example. If you have been given this ban, you are likely to also have been charged with a criminal offence you must attend court for. Its advisable you seek legal advice as soon as possible so you can prepare for court. If you feel you are not guilty of these offences and you wish to challenge the case, we suggest you do not write your own submission on the ban as you could say something in the submission that damages your court case.
Step 3: Check if you have been charged with an offence ie. Assault, affray, assault occasioning actual bodily harm’ (getting in to a fight involving a crowd),
Read your papers and attend court on the specified date and time and place on you “court attendance notice”.
Step 4: Have a plan that you have made with your lawyer. Have you been issued this kind of ban before?
Step 5: BE PREPARED. If you lose your court case, or you do not dispute the charges, you will be convicted and this ban is likely to be placed on you at which time you will be required to stay away from the Sydney CBD and/or the Kings Cross Area for a period as stated on the ban.
It’s very important to get advice from a lawyer at an early stage.
YOU CAN DISPUTE THE BAN AT THE TRIBUNAL.
116AF Review by Civil and Administrative Tribunal of long-term banning orders(1) A person who is the subject of a long-term banning order may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the Authority’s decision to make the order.
Call ETB Legal on (02) 9188 9669 or 0412 915 247 now for fast assistance.
The LAW and Temporary Banning orders:
The law is prescribed by the Liquor Act 2007 NSW on these orders states:
This 116AD Temporary banning orders-licensed premises in Kings Cross precinct and adjacent precinct
(1) A police officer may, as soon as practicable after a person:
(a) refuses or fails to comply with a direction under section 198 of the Law Enforcement (Powers and Responsibilities) Act 2002 to leave relevant licensed premises in the Kings Cross precinct or a public place in the vicinity of relevant licensed premises in the Kings Cross precinct, or
(b) fails to leave relevant licensed premises in the Kings Cross precinct after being required to do so under section 77 (4) because the person is intoxicated, violent, quarrelsome or disorderly, or
(c) contravenes section 77 (6) or (8) in relation to relevant licensed premises in the Kings Cross precinct,
prohibit the person, by order in writing given to the person (a “temporary banning order” ), from entering or remaining on any relevant licensed premises for the period (not exceeding 48 hours) specified in the order.
(2) A police officer must not give a person a temporary banning order unless the officer is satisfied that the conduct of the person which resulted in the person being required to leave (or being refused admission to) the licensed premises or other public place concerned is likely to continue and cause a public nuisance or risk to public safety in the Kings Cross precinct and the other adjacent precinct specified in the order.
*ETB Legal recommend you seek professional legal advice before attempting to understand these laws.
The laws stated above are relevant for the time at which this article was drafted and published.