Tuvalu Island Courts Bench Book - Federal Court of Australia

Refusal to leave licensed premises
Section s101(2) Alcoholic Drinks Act (Cap 69)
Description
Any person commits an offence who drinks alcohol on any part of a
licensed premises and does not leave the licensed premises after
being asked by a representative of the licensed premises or by a
police officer.
This offence does not apply to a genuine lodger or genuine guest of
that lodger.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The person is not a genuine lodger or genuine guest of a
lodger of the licensed premises;
• The person must have been asked by a representative of the
licensed premises or by a police officer to leave the licensed
premises;
• The person must have stayed on the licensed premises and
continued drinking.
Commentary
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who remained and continued drinking.
Licensed premises
The prosecution must prove that the premises were licensed (the
license should be produced as an exhibit) and that the alleged
behaviour happened on those premises.
Tuvalu Island Courts Bench Book June 2004