Victoria’s Banning Notice Provisions: A Case Study

Criminal Justice Policy Review

2020

Self Cite

Across Australia, patron banning measures address alcohol-related behavioral issues in entertainment districts. This article compares the legislative framing of Victoria’s licensee barring order policy with the experiences of recipients. The rationale and operational expectations for licensee barring are examined in relation to key themes which emerged during parliamentary debates of the legislation, and contrasted with the reported experiences of recipients. The findings point to a disconnect between the expected and actual operation of licensee barring, an absence of oversight, and a tangible risk of misuse. Barring orders extend to ordinary citizens a unique police-enforceable power to punish, yet licensees currently act without scrutiny or accountability. A review of barring policy is recommended to ensure a robust process for effective monitoring, meaningful consequences for the misuse of barring powers, and deeper consideration of the attendant risks to due process and procedural justice of the civilianisation of punishment.

Section: Results Part IImentioning

confidence: 99%

Section: Licensee Barring In Victoriamentioning

confidence: 99%

Section: Licensee Barring In Victoriamentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 3 more Smart Citations

A Unique Power to Punish: An Examination of the Operation, Scrutiny, and Attendant Risks of Licensee Barring Provisions in Victoria, Australia

Criminal Justice Policy Review

2020

Self Cite

An Examination of Community Awareness and Understanding of Patron Banning Provisions in Western Australia: Implications for Policy Development and Success

Kennedy

Saligari

et al. 2022

Eur J Crim Policy Res

Self Cite

Individuals who engage in problematic behaviours within Australian night-time entertainment precincts can be banned from entering certain locations. Bans are expected to deter recipients and the wider community from further inappropriate behaviours. The collective effect is intended to reduce crime and increase safety within entertainment precincts. This study examined public awareness and understanding of two patron banning mechanisms (police barring notices and prohibition orders) used across Western Australia (WA). An anonymous survey was completed by 1018 respondents, and interviews were conducted with 54 stakeholders. Survey participants had limited awareness of patron banning: 75% had not heard of police barring notices; 87% had not heard of prohibition orders. Knowledge was higher for individuals directly associated with a ban recipient. Stakeholders also perceived a low level of community awareness and understanding of patron banning. Patron banning may have some merit as a specific deterrent for recipients but, in WA, the lack of public knowledge means that the banning provisions may currently have limited effect as a general deterrent. Public awareness should be increased in order to optimise the direct and consequential effects of patron banning policy.

How long should a patron ban be: an examination of police-imposed barring notice records in Western Australia

Miller

Taylor

et al. 2023

PIJPSM

PurposePatron banning is widely used in response to disorderly behaviours in/around licensed venues, but there has been limited analysis of specific policies. This paper explores key findings in relation to police-imposed barring notices in Western Australia (WA).Design/methodology/approachWA Police provided de-identified data for 4,023 barring notices imposed between 2011 and 2020 and offender records for each recipient, to 30 June 2020. The data were analysed to identify patterns and trends in relation to ban length, recipient type and associated offending.FindingsMean ban lengths increased across the period (from 4.46 months in 2015 to 6.82 months in 2019). Longer initial bans (of 6–12 months) were associated with a lower likelihood of a subsequent ban – with each additional month associated with an 11.4% increase in the likelihood of not receiving a second ban. Across the dataset, some notable anomalies were identified for individuals categorised as prolific offenders.Originality/valueResearch examining the effects of patron banning is limited but, to date, has generally not supported presumptions of improved patron behaviour. WA adopts an individualised approach to barring notice lengths, following review of the incident and offender. The findings suggest that, while barring policy is appropriate, a number of operational refinements can help WA Police to optimise their behavioural effect/s.