Curfew to curtail drinking concerns
AN AIRLIE Beach man who was brought to the Proserpine Magistrate’s Court in police custody on Monday has been banned from attending licensed premises and will no longer be able to visit the Airlie CBD between the hours of 9pm and 6am after having a curfew imposed on him.
James Ronald Davis started down the path to what magistrate Haydn Stjernqvist described as a “dry zone” at 1.35am on December 1, when he was issued with a move-on direction, requiring him to leave the Airlie CBD.
Police prosecutor Sergeant Rebecca McDonald said Davis told police “I live here, you can’t tell me to leave”.
She said he continued to argue, saying police could arrest him, which they eventually did.
When Davis was bailed, it was on the condition that he would not enter any licensed premises in the Whitsunday Regional Council (WRC) area.
However, on December 6, at 10.32pm, he was seen being evicted from Magnums Hotel.
Police gave him another move-on direction but at midnight security from Magnums reported he was back.
The 31-year-old was arrested but refused to comply with directions and struggled with police.
Sgt McDonald said police were now seeking an official banning order given that Davis appeared to have “problems adhering to any direction”.
Duty lawyer Sherrie Meade argued that if a banning order was imposed Davis was likely to end up back in court. She said Davis lived very close to the Airlie CBD and was now extremely clear about how to behave, having spent the past two nights in a cell.
Magistrate Haydn Stjernqvist said Davis was like a “moth to a flame” and part of the “ugly face of Airlie Beach” consisting of intoxicated, disorderly and argumentative people. He imposed a $660 fine, banned Davis from all licensed premises in the WRC area and imposed the curfew, specifically for the Airlie CBD area, between the roundabouts of Waterson Way and Coconut Grove, for six months.