Spatial Exclusion, Due Process, and the Civilianization of Punishment in Australia’s Night-time Economy: A Mapping Review of Patron Banning Policy, Practice, and Oversight

Abstract

Jurisdictions across Australia have implemented a range of policies to tackle problems associated with alcohol consumption in and around licensed premises. One key measure, patron banning, has proliferated in various forms. Banning applies spatial restrictions and locational prohibitions upon recipients. It is typically predicated upon a presumed deterrent effect for both recipients and the wider community to reduce alcohol-related disorderly behaviors and to improve public safety. This article documents a mapping review of patron banning mechanisms across Australian jurisdictions, using an analysis of legislation, operational practices, policy documentation and reviews, published data, and research literature. The mapping review then frames an analysis of banning policy. Key conceptual and operational issues are discussed with respect to deterrence and community protection; displacement, diffusion, and isolation of effects; enforcement; due process and legitimacy; and the steady civilianization of punishment. Given the wide range and reach of banning mechanisms, there is an urgent need for specific empirical examination of the use and effect of spatial exclusion and prohibition across Australia’s nighttime economy to inform policy development and refinement, to strengthen the assurance of due process, and to optimize the potential beneficial effects of patron banning.