Went into the city with a couple of friends and cause I refused to vacate the footpath of the Victory Inn I got this nice little $300 fine [image]http://www.members.optusnet.com.au/rowatt/aus300zx/ticket.jpg[/image]
any lawyers out there ? surely I can't be arrested for being on the footpath can I?I've had this happen to me before (sam place) where they got me mixed up with some other thug and wouldn't allow me entry till the manager realised I wasn't the guy they were trying to keep out.Queensland police - if you are reading this then eat shit and die you corrupt shitheads.
were you in the right?? i dont see whats wrong with the ticket? lolsounds like you where parked over the footpath to a place, thats illegal isnt it? :-0i dunno all the qld rules etceither way, too bad dude, cant beleive how high the fine is, $300 is huge.
no - this is just standing on the footpath > no car involved. I was in the place about 10 minutes before and then when I went to go back in they refused me entry so I asked why and they wouldn't say why and they called the police so then the police said "Do you understand why you are being told to leave" to which I replied and said no and that was enough for them to handcuff me and throw me in the back of the car. Damn those things hurt and now I have red rings around my wrist. I suppose there has to be a first for everything but will be contesting this in court.
omg!! thats so strange you were cuffed for STANDING on footpath? ive never even heard of that!Fight it.
I think it is related to "duty of care I had a very similar thing happen late last year - outside our (then) Local pub in Balmain. :|:|:| After kicking us out of the pub, the bouncers then spent their time intimidating us of the footpath outside the pub saying that they had a "duty of care"...?!?!?! Someone said it was related to that stupid idiot, who won a meat tray in a raffle, and then strapped some of the steaks he had won to his feet - went back into the bar - slipped on his inappropriate footwear and then sued the pub! Fortunately I was not fined - but it became VERY ugly, I didn't take too kindly to being asked to move off the footpath onto the road, shortly after they ripped the drinks out of our hands (that's right!) and kicked us out of the pub...:|:| I would contest the fine dude - don't just pay it... Good luck...
In NSW the penalty for "Refusing> to leave licensed premises when requested to so do" carries an "on the spot" Infringement Notice with a $500 fine, minimum. Seems everything is cheaper in Queensland. :-0 Bad luck Mate Lloyd :| :| :|
Not a lawyer, but - From what you've said, I think if you can prove that you were previously in the Hotel just 10 mins before, and left of your own free will, then you as a member of the public would be entitled to assume that you would be allowed back in. Upon being refused entry, you would then be entitled to a reason why.I reckon if you used that logic, then a court/judge may see your side. You could use the argument that you believed that you were entitled to an explanation of why you were refused entry, and that you (presumably) would have left the premises voluntarily, had you been given a reason. Following on from this, you could then argue that it was unreasonable action by the police to arrest/fine you, when they could have much more quickly and simply asked the premises to explain to you why you were refused admission. Did the police make any attempt to explain to you why you were being told to leave?Good luck.
can the footpath be part of their premise ? I always thought it was council property. That's why I dug my heals in because they had no idea of the licensed boundaries.Plus when looking up the liquor licensing laws the fine should have been $225 on the spot - not some handcuffed ego trip to the cop station.
police told me the establishment has asked me to leave their premise (footpath) and that was good enough reason. They said do you understand and I said no to which they handcuffed me and off to the police station.I've had a similar thing happen at the same place when the British Lions were out here and I was refused entry for no reason. I asked to see the manager for a reason and he came down to which he promptly apologised as I was not the person they were trying to keep out. I later found out that because I was wearing a red and white jacket (British Lions colour) was the sole reason to not let me in, incase I was going to cause a disturbance being a supposed British Lions supporter.It'll be a cold day in hell before I ever go out to a pub/nightclub in Brisbane - full of pretentious egotistical try hards anyway.
are they obliged to give a reason >> All I wanted was a reason and then I would have walked away so I know what not to do next time to not be refused entry.
More than reasonable, Chewy.> Problem is, you don't know what was said by the Licensee when he rang the Police.Probably complained that you were evicted from the premises, and continued to try and gain entry, in which case you are guilty of an offence.If I were you, I would write an explaination of the events(as you believe them to be) and send it the the Officer in Charge of Licencing. Don't make accusations against the Police in attendance, just stick to the details of your actions and request that the incident be re-assessed.If this fails you can still go to Court and tell you story.Good Luck mate Lloyd :| :| :|
thanks for the advice >> I will write a letter to sort things out. Biggest problem is it's my word verses the police so not in my favour though I do have one witness. Should have asked for a breathalizer test to prove I had only 4 pots of beer.Should have posted this in the NZR but was so irate last night about the situation.
Yeah, I'd been thinking about that.... but I didnt reply incase I had misread the post or didnt get some joke. But now that its raised, how did the vic cops get involved???..JEDI-77
