Young people are major users of shopping centres. In Australia young people represent a market worth more than $4.6 billion which shopping centres are keen to attract. But young people use shopping centres differently to other members of the community. They are far more likely to want to do more than shop, and some never shop.
Centres are a place for young people to hang out, meet friends and observe and be observed by peers as well as places for shopping. This makes young people more visible and can lead to greater security and management attention being devoted to young people.
Some young people are welcomed by shopping centres as they spend money and conform to expectations of managers that shopping centres are spaces of consumption. Others are seen to interfere with the ability of the centre to be the most successful 'machine for consumption'. When any group of people congregate in an area, issues can arise. Some young people behaviour inappropriately in centres. Centres have increasingly been responding to these issues by banning young people.
What is a ban?
There are no regulations, guidelines, procedures or other methods of accountability governing the issuing of banning notices. This means a ban can be on any terms the centre management decide. The lack of banning regulation means there is plenty of opportunity for inconsistent treatment within a centre for the same instance and between centres. In this fact sheet a number of issues surrounding banning notices are investigated.
A shopping centre is ambiguous space as it is designed to be accessible to the public yet is privately owned. Owners of any private space can issue a ban against any person for almost any reason as they have the right to decide who enters that space.
A ban should be issued in the form of a written 'banning notice', signed by centre management. A verbal ban is also a legally valid ban, but it is harder to enforce as there is no reliable record of it.
A ban means a person is not able to enter a shopping centre for a specified length of time. If they do enter they can be forcibly removed. They could also be criminally charged with trespass.
What are bans issued for?
Bans are most commonly issued when centre rules are broken . (See below for typical basic rules of a shopping centre). Breaking any of these rules can lead to a ban.
Bans are also commonly issued in where there has been shoplifting, vandalism, offensive conduct and use of offensive language.
Any action that leads to criminal prosecution is also likely grounds for a ban.
At times banning notices have been issued for inappropriate reasons such as associating with "the wrong people" or questioning a security officer. Security officers are seldom held accountable for these kinds of unreasonable actions.
Some people view young people who congregate in groups as threatening (to them personally or to their property) so security is asked to break them up and move them on. At times people are banned because they are in such groups.
In some cases a ban is not a total restriction. A young person might be banned from entering the centre unless accompanied by a parent.
Typical shopping centre basic rules
Minimum dress requirements: footwear and shirt must be worn at all times.
The following are not allowed in the centre:
- no animals (except those trained to assist physically challenged or impaired)
- no smoking
- no alcohol
- no offensive language
- no roller blades
- no scooters
- no skateboards
- no bikes
- fighting, boisterous or any unsafe behaviour
- portable radios.
What can't you be banned for?
It is unlawful for shopping centres to ban you just because of your:
- age, (except in licensed areas like bars)
- sexual orientation, sex, ethnicity, or disability.
These bans would breach Australian and international discrimination and human rights law.
A centre cannot ban a person from public spaces such as footpaths near a centre.
How long are bans for?
There is no limit to how long a banning order can be issued for. Bans are usually for 6 months to 2 years. There have been cases where lifetime bans have been issued.
Who issues bans?
Centre management have the legal power to issue bans. Security officers can issue bans on behalf of centre management.
A centre manager should be involved in personally signing a banning order as this is a serious matter. As a matter of natural justice, management should listen to the young person's as well as the security officer's perspective in deciding on a ban.
Issues and solutions
Some of the issues surrounding bans are acute and specific, affecting individual young people. Other issues surrounding bans are structural, reflecting wider aspects of the way young people enjoy and participate in public space. These include:
- The ban is unfair
- The terms of the bans may be unclear, as to exceptions, time period and reasons.
- At times there may be no alternative local access to basic services like the bank a person uses, post office, supermarkets, and family doctor which are located in the centre.
- A young person may have a job in the centre. A ban from the whole of the centre can have a disproportionate effect on them as they will likely lose their income.
- Different security officers frequently respond to the same incident in different ways.
What can be done?
There are many ways youth services, shopping centres and other parties like the police youth liaison officers (YLOs) can address banning issues.
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Work with a young person to write a letter to the centre management seeking a revocation, review, clarification or changes to their ban.
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Encourage the young person to access free legal advice (eg. Legal Aid Under 18s Hotline on 1800 10 18 10)
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Liaise with the centre to make banning notices and centre rules clearer (for example, by using YAPA's posters and protocols about young people and shopping malls).
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Lobby the centre and/or security industry to improve training around interacting with young people. There is a need for security officers to improve the way they approach and interact with young people. The formal training of security staff who are likely to work in shopping centres and other property related work provides training about working with young people as an option, but this is one of many optional training modules so few officers have skills in this area. If more officers had this kind of training interaction with young people should improve. Shopping centre managers can influence what training officers need to have before working in a centre.
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Both guards and management should be aware of places young people can be referred to help them address issues leading to anti-social behaviour in the centre.
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YAPA strongly believes that lifetime bans should not be applied to any person. Encourage centre managers to use alternatives to lifetime bans, such as referring the young person to services that can help address issues that are causing the problem behaviour.
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Work with centre management and other organisation to set up a committee to review banning notices or addressing access to basic services while banned.
Opportunities to address banning issues
Some initiatives shopping centres and youth services can take to address banning related issues:
| shopping centres | youth services |
|---|---|
| Rules should be written in easily understood language (especially by those who are NESB), clearly displayed and in many places around the centre so people know what behaviour is unacceptable. | Know what the rules at your local shopping centres are, suggest changes where you think something would be unclear to a young person or is in inappropriate. |
| Ensure security staff have skills that help them in relating with young people and apply the same stands to young people as adults. | Meet with shopping centre management so that they know your service exists and what it does, particularly how your service might relate to management to assist young people they consider to be engaging in difficult behaviour. |
| Issue banning notices that are clear about exactly what area the person is banned from and why they are banned. | If a young person is banned help them understand what the ban means. |
| Set up a review and appeal process relating to banning notices and provide information about this process on the banning notice itself. Invite Police YLO involvement on this body. | Approach shopping centre management to set up a committee that reviews bans and acts as an appeal body. Assist young people to appeal bans if they believe a ban is unjust. There need to be separation between review and support roles. |
| Support street workers to include the centre. Some centres fund a street worker to spend time in their centre. | Youth services involved in street work could approach management so they can also spent time working in the shopping centre. |
Background research into shopping centre bans
Chris Grant, a lawyer with Legal Aid NSW, has conducted research into the area of banning notices and resulting trespass charges for breaches. His research reveals a growing use of trespass charges and he considers this a reflection of the growing use of banning notices. Between 1995 and 1999 there was a dramatic increase in trespass convictions relating to young people in shopping centres. Convictions grew from 11 to over 200. It is likely that banning orders also increased at a dramatic rate over this time. The drop in trespass orders issued in 2000 is considered by Grant (2001) to reflect a change in centre managers' desire to seek trespass orders due the time this takes, particularly with an increasing trend for trespass cases to be defended. Banning notices are unlikely to have dropped.
Trespass convictions for those aged under 18 for being in a shopping centres in NSW
Source: Grant, C 2001 - based on NSW Bureau of Crime Statistics
On the basis of what Grant (2001) calls a conservative ten times multiplier of banning notices be issued issued for each ban which leads to a trespass conviction it is estimated that at least 1760 banning orders were issued in 2000. This is an extremely conservative estimate when it is know that one shopping centre in NSW (60,000-70,000 square metres, approx. 200 retailers) issues young people with at least 2 banning notices a week and in some weeks up to 15. In a year this one centre would probably issues well over 200 bans.
There are over 260 shopping centres of various sizes in New South Wales. With some of these centres issuing hundreds of bans it is easy to see how the number of banning notices becomes substantial. Regional centres (50,000 square metres plus) are likely to have the highest number of bans. There are regional centres in Bankstown, Blacktown, Liverpool, Mt Druitt, Parramatta and Penrith to name just some of the regional centres in Western Sydney, let alone the rest of the state.
References
- Booth A 2001 Private places/public spaces in: Whose Place? Conference: Public space for young and old in Sydney's west conference papers pp38-42 Western Sydney Regional Organisation of Councils Ltd (Sydney)
- Grant, C 2001 Young people and shopping centres: A legal perspective in Whose Place? Conference: Public space for young and old in: Sydney's west conference papers pp60-67 Western Sydney Regional Organisation of Councils Ltd (Sydney)
- Quilvan, P 1998 Shopping Centres and Youth: Friend or Foe? in Shopping Centre News vol 16 Feb/March (Sydney)
- Turner S & Campbell S 1999 Consultation with young people and security officers report Youth Action & Policy Association (Sydney)
Notes
Published: 2002
Applicable to: NSW only
Be careful!
YAPA took reasonable care to ensure that this information is correct. However government regulations, laws and standards are complex and changing constantly. The author/s have no health, occupational health and safety, or legal qualifications (unless stated), and information provided is general - it is not specific legal or professional advice. Do not rely on it - check with other publications and authorities and if necessary get qualified legal or professional advice for your situation.
