3. Alcohol

Question 1

S4 Sale and Supply of Alcohol Act 2012.
What harm?

C.D.D.D.D

Answer 1

• The sale, supply, and consumption of alcohol should be undertaken safely and responsibly and
• The harm caused by the excessive or inappropriate consumption of alcohol should be minimised.

Harm being:
Any crime, Damage, disease, death, disorderly behaviour, illness, or injury and any harm to society generally or the community, Directly or indirectly contributed to any crime, damage, death, disease.

Question 2

S266 - Closure of licensed premises by Police

Answer 2

• If a riot is taking place or
• if there is fighting/serious disorder
• Or if there is a significant threat to public health or - safety or
• If the conduct on any license premises amounts to a substantial public nuisance or
• RGTB offences have been committed with 5 yr or more penalty and there is significant risk of further such offences
• there are RGTB any of this may occur,Police can order the closure for no more then 24hrs.
  -can use force necessary to close premises, licensee can apply to judge to revoke order, if they continue to sell alcohol in contravention of the order they commit an offence.

$10,000 fine,loss of license - 7 days

Question 3

S267 - Powers of entry to licensed premises

Answer 3

A constable/inspector may at any reasonable time enter and inspect any license premises to ascertain whether they are complying with the provisions/conditions of the act
- require the production of any license, any book, notice, record, list, anything Relating to the duties of the manager.
$2000 fine

Question 4

S269 - Power of Police to demand information

Answer 4

RGT suspect that any person has committed/is committing/is attempting to commit any offence against this act, may require a person to provide particulars of their name, address and date of birth.
$2000 fine refusing/failing to comply, can be arrested.

Question 5

S169 - Powers of arrest, search, and seizure in relation to alcohol bans.

Answer 5

Police may without warrant
- for the purpose of ascertaining if alcohol is present, search
- A container, e.g. a bag, case, parcel in possession of a person who is in, or entering, a restricted place or
- A vehicle that is in, or is entering, a restricted place
- Sees and remove any alcohol that is in the restricted place and breach of an alcohol ban
- Arrest any person who commits the offence
- Arrest any person who refuses to comply with request to leave restricted place or surrender alcohol.

Alcohol/container seized should they forfeited by the offender and destroyed by them immediately and notebook endorsed or forfeited to the Crown if the person from whom the alcohol/container seized pays the infringement fee.

Question 6

S170 - Conditions relating to power of search

Answer 6

Before searching a container/vehicle must
- Informed the person in possession of the container/vehicle that they have the opportunity of removing the container/vehicle from public place and
- Provide the person with a reasonable opportunity to remove the container or the vehicle.
There must be signage of liquor ban 14 days in advance.
Fine -$250 alcohol infringement offence notice

Question 6

Enforcement principles of a liquor ban

Answer 6

• enforcement will not be directed to strict compliance but rather having regard to the reason for imposing a ban
• it is a question of time, place and circumstances as to whether it is appropriate to take enforcement action
• enforcement will be directed to preventing alcohol related harm and antisocial behaviour caused by the consumption of alcohol in public places.
  Enforcement in a particular location must be seen to be fair.

Question 7

What must you prove to be a breach of an alcohol ban s147 Local Government Act 2002

Answer 7

• You must prove the identity of the offender that breached the bylaw for alcohol control purposes by:
• Consuming, bringing or possessing alcohol in a public place or in a vehicle in a public place specified in the bylaw
• W655,W656, W657 alcohol infringement or written warning

Question 8

Are there exemptions to the liquor ban?

Answer 8

Yes, of unopened and transported from off-licence premises next to a public place and it is promptly removed from the public Place

Question 9

Before arresting judgement may be informed by what factors?

Answer 9

• The existence of disorder/violence/antisocial hotspot
• Behaviour related complaints from members of the public
• Evidence of intoxication and a public Place
• Presence of gathering of individuals that’s likely to result in antisocial behaviour