A police banning notice (PBN) stops someone from entering a specific area if they have behaved in a way that is disorderly, threatening, offensive, or violent. It may stop entry in and around places where alcohol is served, whether that’s a public or private event. In this article we answer frequently asked questions about police banning notices in Queensland.
Who can receive a police banning notice?
Anyone over the age of 17 years old can receive a police banning notice in Queensland. This is different to being banned by the venue as it is enforced under the Police Powers and Responsibilities Act 2000, not the venue licensee.
Is my personal information shared if I get a banning notice?
Yes, police can give licensees information about your banning notice for identification purposes. This may include your photograph, to prevent you from entering the premises. The most common way this information is distributed is through ID scanners. If this is the case, you will be stopped at the door and denied entry.
What places does it apply to?
Police may put a banning notice in place to stop you from entering or remaining in:
- a licensed premise that sells or supplies alcohol
- a Safe Night Precinct
- a public event serving alcohol.
It may also apply to an area that is nearby (500 metres) these places.
A police banning notice can’t stop you from entering your residence, workplace, or place of education. However, there are other police orders that may restrict you from these areas, such as a Domestic Violence Order, if it is near someone who has taken out an order against you.
What if I enter a place I’m banned from?
Disobeying police orders is an offence and can result in being fined, arrested, and charged with a criminal offence. As mentioned above, venues often have the information of people who are banned and this will be flagged with police. A police officer will then investigate to see if an offence has been committed and commence Court proceeding depending on the circumstances.
Can I appeal a police banning notice?
You can apply to amend or cancel a police banning notice through the Commissioner of Police. You must apply for it to be cancelled within 15 days of receiving the initial banning notice. For extended notices, you can apply for cancellation at any time.
Reasons for amendment or cancellation may include that it prevents you from attending your home, workplace, or place of education, or it is causing hardship. To give yourself the best chance of a successful police banning notice amendment, seek legal advice.
How long is it in place for?
Under the Police Powers and Responsibilities Act 2000, a banning notice can be given on the spot and be in place for a month. If it is for a particular event, it may only be in place until the event finishes. The notice will detail the restrictions and it’s important to follow this to avoid committing an offence.
Police may extend a banning notice by up to 3 months and can apply it to specific days or times. They may also update the order to include additional public places if relevant. You will be given an initial police banning notice first, then an extended police banning notice if additional time is put in place.