AUSTRALIA - Police ban members of 23 motorcycle clubs from wearing colours in 58 licensed premises in Kings Cross.

OFF THE WIRE

UNITED MOTORCYCLE COUNCIL (NSW)
LEGAL COMMENT

Police ban members of 23 motorcycle clubs from wearing colours in 58 licensed premises in Kings Cross.
Or do they?

The police have publicly stated they have banned 58 Outlaw Motorcycle Clubs (OMCG) from licensed premises in the Kings Cross area. For the moment let us put aside the issues concerning how almost all the membership of these clubs are not interested in going to Kings Cross. Let us put aside the issues concerning the fact that the police are only complaining about the behaviour of a few persons, maybe a dozen more or less who may or may not be associated with a club. Let us put aside the issues concerning exactly what crime has been committed or what it is that they are actually doing. Let us put aside the issues concerning the apparent fact that no one has been charged over these unspecified crimes or this purported unlawful behaviour. And, let us also put aside the issue that it is morally wrong to punish people for who they are rather than what they have done and that this will, ultimately, not achieve a dam thing.
So, who are these 23 OMCGs named in the Kings Cross Precinct Liquor Accord? Well, here they are:-
Bandidos, 2. Black Uhlans, 3. Coffin Cheaters (Oops! Sorry, they are only in WA.), 4. Commanchero, 5. Finks, 6. Fourth Reich (only down Wollongong way), 7. Gladiators (up Newcastle way), 8. Gypsy Jokers, 9. Highway 61, 10. Life and Death, 11. Lone Wolf, 12. Mobshitters (getting a bit old now), 13. Nomads, 14. Odins Warriors (up in Qld) 15. Outcasts, 16. Outlaws, 17. Phoenix, 18. Rebels, 19. Hells Angels, 20. Scorpions (never heard of them) 21. Notorious (they’re gone, finished, not there) 22. Muslim Brotherhood Movement (bike club, I don’t think so) 23. & Mongols (not yet).
The power to do this is supposed to come from the Liquor Act 2007, particularly Section 136D. And what they are trying to ban is the following: You cannot enter or remain on the named 58 licensed premises at Kings Cross if you are wearing any clothing, jewellery or accessory, which displays:
The name of any of the above clubs;
The “Colours”, club patch, insignia or logo of any of the above named organisations; or
The “1%” or “1%er” symbol; or
Any image, symbol, abbreviation, acronym, or other form of words which indicates membership or association with any of the above named organisations.
Oh, I just remembered. The Accord also requires the licensee to clean litter from outside the premises every hour between midnight and 5am and within 30 minutes of closure.
Back to the Liquor Act. The purpose of Section 136D is to prevent alcohol related violence and anti-social behaviour. A good purpose. An essential purpose even. Removing your colours and jewellery will obviously prevent this from happening. Not. There is another purpose which concerns the good order and amenity of the area by reference to the number of licensed premises in the area. This is not relevant to the banning of colours.
As the banning of colours, jewellry and symbols etc. must be referable to the above purpose in Section 136D (1)(a) and Section 136D makes no reference to such a purpose as it and the Act is concerned with alcohol related behaviour it is my opinion the police and licensees are or will be acting illegally if they ban persons from the premises. And if the police arrest anybody it will be an unlawful arrest and will open the police and the State Government to a lawsuit for false arrest or false imprisonment and, perhaps, even more.
Wayne Baffsky
Honorary Counsel for the United Motorcycle Council (NSW)