3. Sale and Supply of Alcohol Act 2012

Question 1

What is the object of the Act?

Answer 1

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

Question 2

When can Police close licensed premises (s266)?

Answer 2

• if a riot is taking place and RGTB it may occur on a licence premises
• if there is fighting or serious disorder and RGTB that it will break out on a licenced premises
• significant threat to public health or safety
• conduct on licenced premise amounts to substantial public nuisance
• RGTB offences committed that carry max 5+ years penalty and risk of further offences being committed

Question 3

How long can Police close a licenced premises?

Answer 3

can close a licenced premises for the sale of alcohol until a time stated in the order, which must not be alter than 24hrs from the end of the day on which the order was made

Question 4

What are the powers of entry (s267)?

Answer 4

• a constable or inspector may at any reasonable time enter and inspect premises to ascertain if licensee complying with the Act and licence
• enter and inspect if RGBT any offence against the Act is being committed on the premises

Question 5

What power is there to demand info (s269)?

Answer 5

• RGTS person has, is or attempting to commit an offence against the Act can require person to provide name, address and DOB
• RGTB particulars provided are false may required the person to provide satisfactory evidence of the particulars
• if a person, without reasonable excuse, refuses or fails to provide any particulars or evidence, and persists in refusing or failing after being cautioned, they may be arrested.

Question 6

What is the definition of a riot?

Answer 6

a group of 6 or more persons who, acting together, are using violence against persons or property to the alarm of persons in the neighbourhood.

Question 7

Who is authorised to close a licenced premise?

Answer 7

any constable may order the closure of a licenced premises. If they are satisfied of RGTB one of the 5 circumstances exist, should notify substantive sergeant or above to order the closure

Question 8

What are the powers of arrest, search and seizure in relation to alcohol bans?

Answer 8

• for the purpose of determining whether alcohol is present, search a container in the possession of a person or a vehicle
• seize and remove any alcohol that is in a restricted place in breach of a ban
• arrest any person committing an offence
• arrest any person who refuses to comply with a request by a constable to leave a restricted place or surrender any alcohol

Question 9

What are the conditions relating to power of search?

Answer 9

Before exercising the power of search, a constable must inform the person of the opportunity to remove the container or vehicle from the PP and prove them with a reasonable opportunity to do so.

Question 10

What is alcohol?

Answer 10

a substance that

• is or contains a fermented, distilled, or spirituous liquor, and at 20C contains 1.15% or more ethanol by volume
• is a frozen liquid, or a mixture of a frozen liquid and another substance/s and is alcohol when completely thawed to 20C
• whatever its form, is found to contain 1.15% or more ethanol by weight in a form that can be assimilated by people