Trespass in public bars

Press, 12 September 1987, Page 24

Trespass in public bars

The collective decision of hotel licensees to use the new power they have been given under the Trespass Amendment Act which was passed this year is a welcome one. The power that the licensees now intend to use to warn away chronic drunks or any other unruly people should help to make public bars more congenial, less violent places. The Hotel Association, like the law, has decided there are six things a publican does not have to and will not tolerate; drunkenness, excessive drinking, violent conduct, quarrelsome conduct, insulting conduct, and disorderly conduct. By issuing the new written warnings to unwanted patrons to keep off licensed premises, the association hopes to have found a way to curb this kind of conduct, particularly from gangs as well as individuals whose obnoxious habits they have been forced to tolerate in the past.

The new law merely extends to public bars the provisions of the Trespass Act. Under this, an occupier of premises may warn a person to stay away from the property for up to two years. The warning may be given orally, although hotel licensees have chosen to give their warnings in writing, and to send a copy to the police, in order to give the instruction more force.

Until now, under the Sale of Liquor Act, licensees could exclude people only if they had previously engaged in some form of unruly conduct or if the licensee had reasonable cause to think they would, and the warning off remained in effect only for a day. Although licensees have greater latitude under the new law, it will be in their own interests to use it responsibly. Its main purpose should be to curb chronic abusers of hotel services.

Plainly, the old notion that public bars should be open to all at all allowable times is a thing of the past. The licence to sell liquor in - hotels has long been attached to a condition that the hotelier cannot lightly pick and choose between those who may enter. The open house idea will not disappear with the extension of the trespass law; it is unlikely that licensees will apply their rights to any but those who are persistent nuisances or are threats to good order. Nevertheless, a trespass law that can be made to stick is a step forward for people who want and expect decent behaviour in hotels and taverns. If licensees have difficulty in issuing written notices, they can fall back on the simple, oral instruction to leave and stay away. Any recognised person will be just as subject to the trespass law.