Police discontinue bid to ban Lou Daniel from all Queensland pubs

What started as a bid to ban a man who threatened to ‘cave’ a police officer’s ’f---ing head in’ from nearly all licensed premises in Queensland, has ended with a compromise.

Lou William Daniel has faced court after a violent night out.

Police have backflipped on a bid to get a man banned from “pretty well all” licensed premises in Queensland.

Lou William Daniel, 31, pleaded guilty in Biloela Magistrates Court on January 25 to public nuisance in the vicinity of a licensed premises, obstructing police while intoxicated and threatening violence.

Police prosecutor Jennifer Leach said police were conducting patrols of a rodeo event at Theodore recreational grounds about 11.30pm on July 30, 2022.

Ms Leach said Daniel was involved in a fight with “multiple members of the public” inside the licensed area of the grounds.

“During this, (Daniel) continually threatened to assault persons and police,” Ms Leach said.

The prosecutor said Daniel ran off but returned a short time later to the car park area.

Ms Leach said police tried to speak to him but he continued to threaten them, saying: “If you come near me, I will cave your f---ing head in.”

Ms Leach said Daniel continued to walk away from police and would not stop when told to do so.

Police told Daniel he was under arrest for public nuisance and then he faced them “in a fighting stance” and would not comply with directions, Ms Leach said.

The prosecutor said Daniel had to be capsicum sprayed and restrained by four police officers to make the arrest.

It was about 11.45pm when Daniel was arrested and charged with public nuisance.

Lou William Daniel was to be banned from Queensland pubs but there’s been a change.

Ms Leach said Daniel made his way back into town to a friend’s house at Eleventh Avenue, Theodore some hours later.

The prosecutor said Daniel went to a house at The Boulevard with three friends.

There, Daniel called out for a man to fight him.

“(Daniel) has banged on the front fence to get the (man’s) attention,” Ms Leach said.

The man came to the front fence but stayed about 5m away from Daniel.

“I’m coming for you, I just want you now,” he repeatedly yelled at the man.

“(The man) believed that Daniel meant that he was going to bash his head in.”

Ms Leach said the man and another witness both feared for their safety and the yelling and threatening went on for about five minutes before Daniel and his friends left.

The court heard Daniel had a three-page criminal history and the prosecution made a submission for a banning order which ultimately led to the matter being adjourned.

Ms Leach said probation would be an appropriate penalty and Magistrate Philippa Beckinsale established that Daniel’s lawyer had not seen the prosecution’s banning order application.

“It (licensed premises banning order) is asked to be very wide... pretty well all of Queensland,” Ms Beckinsale said as she read out all of the venues the prosecution wanted the order to include.

Ms Beckinsale further said the prosecution had applied for the banning order to be: “24 hours” with further conditions including prohibiting Daniel from being within 50m of licensed premises”.

Daniel’s solicitor Leo Strachan said he had “a number of objections” to the prosecution’s banning order application.

“It is far too wide-reaching,” Mr Strachan said.

“The incidents in his history and this incident happened at particular events and I think to include nearly all of Queensland it seems like, would be over-reach.”

The matter was adjourned part-heard and when it resumed in the Biloela court on February 8, police took a different tack.

Police prosecutor Kelvin Boyd said there was some conferencing with Mr Strachan and the prosecution would hand up an “amended” banning order submission.

Ms Beckinsale noted the amended version was for licensed premises at Theodore, Cracow, Moura, Taroom, Roma and Rockhampton district “at all times.”

Mr Strachan tendered documents to the court including one which confirmed Daniel’s attendance at a substance abuse program.

Before handing down the penalty, Ms Beckinsale said Daniel’s behaviour on the night of his offending indicated he had “some difficulties with alcohol” and he had to “grow up”.

“I’m sure this has been an expensive exercise for you,” she added.

Ms Beckinsale placed Daniel on 12 months’ probation and ordered he perform 40 hours of unpaid community service.

She also imposed a 12-month banning order from licensed premises, in line with the prosecution’s amended submission.

Convictions were recorded.