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Fine for not leaving a licensed premises

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Max82 View Drop Down
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Joined: 08/June/2012
Location: Australia
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  Quote Max82 Quote  Post ReplyReply Direct Link To This Post Topic: Fine for not leaving a licensed premises
    Posted: 08/June/2012 at 12:27
I was recently evicted from a local pub. Initially I had done nothing wrong. One of my friends was being evicted for being intoxicated. I went to the door to speak with the bouncer to see if he could be allowed back in. At this point the bouncer took offence to my questioning and evicted me too. I'm not going to argue this point as I probably had enough to drink for the night.

However I remained outside the pub whilst I tried to contact my friends inside. I had left my jacked inside on a chair and wanted to get it back. The bouncer insisted I had to leave and when I refused he called the police. They arrived shortly and told me a had to leave. Once again I insisted I shouldn't have to leave as I just wanted to get my jacket and contact my friends inside. At no time since my eviction had I gone back inside the venue. I was outside away from the entrance.

Long story short I got a $550 fine for not leaving. I can't see how I can cop such a huge fine when I didn't really do anything wrong. I was evicted from a bar and I'm not arguing that. I was fined for being to close to the licensed premises after that. I didn't punch anyone, I wasn't abusive, I wasn't some messy drunk spewing on the side walk.

Long story short I'm after some advise as to whether or not I should contest the fine in court. I hate to just give into something I find unjust but I don't want to take the day off work if they're just going to ignore me and insist I pay the fine. I understand issues with drunken violence is a big issue in Sydney these days and I'm guessing they wont listen to a word I say because I was drunk at the time.

Any feedback would be greatly appreciated.

MartinO View Drop Down
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Joined: 02/March/2009
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 08/June/2012 at 12:30
Originally posted by Max82

Initially I had done nothing wrong.

Well by failing to leave when directed you now have, and you are going to have to face the consequences. It is an offence to not to leave licensed premises as soon as directed. There are no valid excuses for not doing so.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

AsiaOilDude View Drop Down
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Joined: 17/February/2011
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 08/June/2012 at 12:31
IT may be easier to submit this argument as a letter to the court (rather than attending). I've seen letters that present mitigating circumstances get good results. That would save day off work and perhaps reduce the outcome. It's a pity pubs now have bouncers :(
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

shoeverine View Drop Down
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Joined: 03/July/2009
Location: Australia
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  Quote shoeverine Quote  Post ReplyReply Direct Link To This Post Posted: 08/June/2012 at 13:04
How were you trying to contact your friends inside?? You probably could have avoided any fine if you have left at least once the cops arrived...

Edited by shoeverine - 08/June/2012 at 13:06

LawAbidingCitizen23 View Drop Down
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  Quote LawAbidingCitizen23 Quote  Post ReplyReply Direct Link To This Post Posted: 08/June/2012 at 14:29
Didn't do anything wrong? You were told to go, repeatedly, and didn't. It would have been explained multiple times what was required of you, and yet you refused. The pubs in Sydney are reluctant to call the cops for any reason, and seeing as you were probably the 100th person they had kicked out that night, I'm betting there's a little more to the story.

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 08/June/2012 at 18:21
But.... but I gotta go inside!
\
OP

No mate!
\
bouncer

(repeat one dozen times).

The definition of insanity is doing the same thing over and over and expecting a different result.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

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