Police banning notices

The laws in Queensland give police the power to respond quickly and effectively to alcohol and drug-related violence and antisocial behaviour in and around places where alcohol is being sold and supplied.

This includes licensed premises, declared areas known as Safe Night Precincts, Designated Business and Community Precincts and public events where alcohol is being sold for consumption. 

Under the Police Powers and Responsibilities Act 2000 a police officer can also give a person – including a child – a police banning notice if you have behaved in a disorderly, offensive, threatening or violent way. 

What is a police banning notice?

A police banning notice is a notice from a police officer that prohibits you from entering or remaining in:

• stated licensed premises.
• a Safe Night Precinct.
• a public event where alcohol is being sold.
• Designated Business and Community Precinct.
• an area which is a reasonable distance to or from any of the above (e.g. 500m from a stated licensed premise or Safe Night Precinct).

The duration of the police banning notice will be up to a month (ending at midnight) or, if the notice applies to a particular event, up until the end of the day (midnight) the event finishes.

A police officer may also decide to give you an extended police banning notice. This would ban you for additional days, ban you from additional places and/or extend the duration of the police banning notice to up to three months from when the initial notice was issued. 

What is a Safe Night Precinct?

Safe Night Precincts are declared locations set out in legislation, in key entertainment areas across Queensland, to minimise harm from the abuse and misuse of alcohol and drugs and associated violence, including alcohol and drug-related disturbances, or public disorder.

Further information can be found on the government website Safe Night Precincts.

What is a Designated Business and Community Precinct?

Designated Business and Community Precincts are specific, declared locations set out in legislation across Queensland to enhance public safety and reduce antisocial behaviour.

Within these precincts, police will be able to:

• Issue people, including children, with a direction to move on for up to 24 hours
• Issue police banning notices
• Require a person to state their name and address, and
• Use hand-held scanning powers.

More information on Designated Business and Community Precincts

Can police take my photo?

Yes. If a police officer is giving you a police banning notice they also have the power to detain you to take your photo. 

Is information on my police banning notice distributed?

Information about your police banning notice, including your photo, can be distributed by police to prevent you from entering the places stated in the notice. This information (and information on other types of bans) is also linked via approved ID scanners in licensed venues to enhance enforcement. 

If a police banning notice is issued in respect to a Designated Business and Community Precinct, information about your banning notice – including your photo – may be distributed to licensed venues in the precinct. However, it will not be distributed to approved ID scanners in licensed premises.

Information about a police banning notice issued to children will not be distributed.   

What happens if I enter or attempt to enter a place that I have been banned from?

It is an offence to disobey a police banning notice. This includes trying to enter a place that you have been banned from in a police banning notice. If the licensed premises is linked through an approved ID scanner, police will automatically be notified and a police officer will investigate the offence.  

A police banning notice does not prohibit you from entering or remaining in:

• your residence
• place of employment
• place of education or
• where you are performing a necessary task.

A necessary task is a task that is impracticable to be performed outside the banned location and is to:

• receive medical treatment
• comply with an obligation imposed by law
• access a service provided by, or on behalf of, a government
• access a support service
  • This means a service provided by an organisation and intended to provide a person with counselling, housing, protection or other assistance 
• obtain food, medicine or petrol
• use a banking service
• access public transport
• travel through a relevant public place to access another place outside the relevant public place, and
• includes a task undertaken for the welfare of a person or animal in the care of the person undertaking the task.

An obligation imposed by law includes:

• An obligation imposed on a person by a court or tribunal, including for example:
  • a community-based order within the meaning of the Youth Justice Act 1992
  • a restorative justice process within the meaning of the Youth Justice Act 1992
  • a community-based sentence within the meaning of the Community Based Sentences (Interstate Transfer) Act 2020
  • a requirement for a person to appear before a court or tribunal; and an obligation imposed on a person under an Act
  • for a person released on bail or parole, a condition of that bail or parole.

The banned person is to remain in the place only as long as they need to undertake the task. They must then immediately leave the location.

Can I apply to have the police banning notice amended or cancelled?

Yes. You may apply to the Commissioner of Police to have a police banning notice amended or cancelled. 

Further information, including access to the online application form, is available here: Application to amend or cancel a police banning notice. 

Are there other ways I can be banned?

You can also be banned from entering or remaining in stated licensed premises, a Safe Night Precinct and/or public event where alcohol is being sold or a Designated Business and Community Precinct, as:

• A condition of your bail
• If you are charged with an offence, or 
• By a banning order made by a court. 

Licensees can also ban patrons from their licensed premises to deal with disorderly, offensive or violent behaviour and provide a safe environment in and around their premises. 

Further information

• Safe night precincts guide
• ID scanning in licensed venues
• Liquor Act 1992
• Police Powers and Responsibilities Act 2000