3. Alcohol Flashcards
S4 Sale and Supply of Alcohol Act 2012.
What harm?
C.D.D.D.D
- 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.
S266 - Closure of licensed premises by Police
- 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
S267 - Powers of entry to licensed premises
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
S269 - Power of Police to demand information
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.
S169 - Powers of arrest, search, and seizure in relation to alcohol bans.
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.
Enforcement principles of a liquor ban
- 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.
What must you prove to be a breach of an alcohol ban s147 Local Government Act 2002
- 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
Are there exemptions to the liquor ban?
Yes, of unopened and transported from off-licence premises next to a public place and it is promptly removed from the public Place
Before arresting judgement may be informed by what factors?
- 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
S170 - Conditions relating to power of search
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