Exclusion from Protected Entertainment Precincts

Since 24 December 2022 in WA, there are certain areas known as Protected Entertainment Precincts or 'PEPs' where access is controlled to try to make them safer. 

In particular circumstances, the police or the Director of Liquor Licencing may exclude a person from all Protected Entertainment Precincts for up to 5 years. An adult convicted of a specified serious offence, such as an assault causing death, is automatically excluded from all Protected Entertainment Precincts for 5 years.

This web page explains when someone might be excluded from Protected Entertainment Precincts (PEPs) and the consequences of being excluded.  Find out:

  • What are PEPs?
  • What is an exclusion order and what happens if it is breached?
  • When can an exclusion order be issued?
  • Is it possible to have an exclusion order changed or removed?
  • When will a person be automatically excluded from all PEPs?

What are Protected Entertainment Precincts?

A Protected Entertainment Precinct, or ‘PEP’, is an area that has a number of licensed premises close together and that the government has nominated as an area where safety is a priority.

Areas that are PEPs are published on the website of the Department of Racing, Gaming and Liquor. Currently they are Northbridge-Perth, Fremantle, Scarborough, Hillarys and Mandurah. This list can change as PEPs are added or removed. See the website for the current PEP list and maps showing precise PEP boundaries.

What is an exclusion order?

An exclusion order stops a person from entering or remaining in all PEPs. It includes terms and conditions, such as how long the order will last. The maximum time a person can be excluded depends on the type of exclusion order and their age.

Police can issue a short-term exclusion order to stop a person from entering all PEPs for any period up to 6 months.

The Director of Liquor Licensing can issue an extended exclusion order against an adult (someone who is 18 years old or over) to stop them from entering all PEPs for any period up to 5 years, or stop a person who is under 18 years old from entering all PEPs for any period up to 2 years.

There are standard exceptions that allow a person to go into a PEP for work, university and other particular reasons.

What if I am in custody while there is an exclusion order against me?

The period of your exclusion order stops running while you are in custody waiting to be sentenced or while you are serving a sentence. The time starts again when you are released.

What happens if I breach an exclusion order?

It is a criminal offence to breach any term of a short-term exclusion order or extended exclusion order. This offence will usually be dealt with in the Magistrates Court and a penalty of imprisonment or a fine are options for the court when you are sentenced for this offence.

You should get legal advice if you have been charged with breaching an exclusion order.

When can police issue a short-term exclusion order?

A police officer can issue a short-term exclusion order against you if:

  • you are in a ‘public place’ in a PEP, and
  • you are behaving in an unlawful, antisocial, violent, disorderly, offensive, indecent or threatening way, and
  • there is a risk that your behaviour will cause violence, public disorder or make it unsafe for other people in the PEP.

What the law says is a ‘public place’ in a PEP, is very wide. It includes:

  • all licensed premises,
  • places or vehicles that you can enter only if you pay,
  • privately owned places or vehicles that the public has access to,
  • any part of a school, university or place of education that students or the public usually have access to, and
  • any vehicle that is in a ‘public place’.

The police officer must get approval from a senior officer of the rank of Inspector or above, before issuing a short-term exclusion order against you.

When can the Director of Liquor Licensing issue an extended exclusion order?

When the Commissioner of Police asks, the Director of Liquor Licensing can issue an extended exclusion order against you if the Director is reasonably satisfied that:

  • while you were in a ‘public place’ in a PEP, you behaved in an unlawful, antisocial, violent, disorderly, offensive, indecent or threatening way, and
  • there is a risk that if an extended exclusion order isn’t made, in the future you will behave in a way that will cause violence, public disorder or make it unsafe for other people in the PEP.

Alternatively, when the Commissioner of Police asks, the Director can issue an extended exclusion order against you if:

  • you currently have a prohibition order against you, and
  • the Director is satisfied that the prohibition order was made because of your behaviour in a ‘public place’ in a PEP, and
  • the Director is satisfied it is in the public interest to make an extended exclusion order against you.

As noted above, what the law says is a ‘public place’ in a PEP, is very wide.

Before making an extended exclusion order, the Director must give you a chance to have a say about whether the order should be made, and take account of any information from police. This may include details of your criminal convictions and any information the police have about your involvement in serious and organised crime.

Is it possible to have an exclusion order changed or removed?

If you have been issued with a short-term exclusion order, you can ask the Commissioner of Police to change the terms of the order or remove it. The Commissioner must make a decision about this within 30 days. You can ask the Liquor Commission to review the Commissioner’s decision within one month of the Commissioner's decision being made.

If you have been issued with an extended exclusion order, you or the Commissioner of Police can ask the Director of Liquor Licensing to change the terms of the order or remove it. You can ask the Liquor Commission to review the Director’s decision.

When will a person be excluded automatically from all PEPs?

If you are an adult and you are convicted of a specified serious offence committed in circumstances that relate to being in a ‘public place’ that is in a PEP, you will be excluded automatically from all PEPs for 5 years. This is called ‘mandatory exclusion’.

If you are under 18 years old at the time of conviction for such an offence, you will be excluded automatically from all PEPs for 2 years.

The specified serious offences that will lead to this mandatory exclusion include offences such as murder, assault causing death, grievous bodily harm, wounding, drink spiking, and serious sexual assaults.

What happens if I am in custody during my mandatory exclusion period?

The period of your mandatory exclusion stops running while you are in custody following conviction or while you are waiting to be sentenced for any offence. The time starts again when you are released.

Is it possible to change or remove a mandatory exclusion?

It is not possible to change or remove a mandatory exclusion. This just happens as a matter of law when you are convicted of a specified serious offence.

However, you may be able to appeal against your conviction for the specified offence and if successful, the mandatory exclusion would be removed when the conviction is removed. If you want to consider an appeal, get legal advice as soon as possible after you are convicted of the offence, as there are time limits that apply. See Appeals for more information.

What happens if I breach a mandatory exclusion?

It is a criminal offence to breach any of the terms of your mandatory exclusion. This offence can be dealt with in either the Magistrates Court or the District Court and a penalty of imprisonment is an option when you are sentenced for this offence.

You should get legal advice if you have been charged with breaching any term of a mandatory exclusion.

More information

There is full information about PEPs, exclusion orders, mandatory exclusion and exceptions that allow entry into a PEP, on the website of the Department of Racing, Gaming and Liquor.

 

Reviewed: 29 December 2022

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.