3.1 Sale and supply of alcohol. Flashcards
What is the objective of the Sale and Supply of Alcohol Act 2012.
(a) the sale, supply, and consumption of alcohol should be undertaken safely and responsibly;
and
(b) the harm caused by the excessive or inappropriate consumption of alcohol should be minimised.
With regard to the harm caused by the excessive or inappropriate consumption of alcohol should be minimised. What does this include?
(a) any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and
(b) any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in paragraph (a).
Section 266 – Closure of licensed premises by Police. Outline the five circumstances police can close a licensed premises or part of a licensed premises?
(a) if a riot is taking place or there are reasonable grounds for believing that a riot may occur on any licensed premises; or
(b) if there is fighting or serious disorder or there are reasonable grounds for believing that fighting or serious disorder is about to break out on any licensed premises; or
(c) if there is a significant threat to public health or safety; or
(d) if the conduct on any licensed premises amounts to a substantial public nuisance; or
(e) if there are reasonable grounds for believing offences have been committed on the premises that carry a maximum penalty of 5 years or more and there is a significant risk of further such offences being committed on the premises if the premises remain open.
Section 266 – Closure of licensed premises by Police. How long can police close the licensed premises for?
time must not be later than 24 hours from the end of the day on which the order was made.
Must Know- What if any force can be used to close the premises?
any force that may be necessary for the purpose of closing the licensed premises or any part of the licensed premises
If it is kept open who commits offences?
(6) A licensee or a manager of any licensed premises to which the order applies who keeps the premises open or the specified part of them open for the sale of alcohol in contravention of the order commits an offence.
Who else might commit an offence?
(8) A person who sells any alcohol on or from the licensed premises or the specified part of the licensed premises at any time while the order is in effect commits an offence.
Section 267 – Powers of entry on licensed premises. (1) A constable or an inspector may at any reasonable time enter and inspect any licensed premises, or any part of any licensed premises, to ascertain whether the licensee is complying with the provisions of this Act and the conditions of the licence or believe an offence against the act is being committed. What may a constable or inspection do?
(a) require the production of any licence, or any book, notice, record, list, or other document that is required by this Act to be kept, and examine and make copies of it; and
(b) require the licensee or manager to provide any information or assistance reasonably required by a constable or an inspector relating to any matter within the duties of the licensee or manager.
What is the consequences for not complying?
(4) A person commits an offence and is liable on conviction to a fine of not more than $2,000 who, without reasonable excuse,—
(a) refuses or fails to admit to any licensed premises any constable or inspector who demands entry under this section; or (b delays unreasonably in admitting to any licensed premises any constable or inspector who demands entry under this section.
(5) A person commits an offence and is liable on conviction to a fine of not more than $2,000 who, being the licensee or a manager of any licensed premises, without reasonable excuse, refuses or fails— (a) to produce the licence or any document when required to do so under subsection (3)(a); or (b) to provide any assistance or information when required to do so under subsection (3)(b).
Section 269 – Power of Police to demand information
(1) A constable who has reasonable cause to suspect that any person has committed or is committing or is attempting to commit any offence against this Act may require the person to provide particulars of his or her name and address and date of birth. What else can the constable ask for?
(2) A constable who believes on reasonable grounds that any particulars provided on requirement under subsection (1) are false may require the person concerned to provide satisfactory evidence of the particulars.
Section 269 – Power of Police to demand information has a power of arrest for refusing or failing to give information. What must occur before arrest?
The must be cautioned of arrest. (3) If any person, without reasonable excuse, refuses or fails to provide any particulars or evidence when required to do so by a constable under this section, and persists in refusing or failing after being cautioned by the constable, he or she may be arrested, without warrant, by any constable.
What is a riot
“riot” is defined as “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”.
What is a Licensed premises
‘Licensed premises’ are any premises for which a licence is held for the sale, supply of consumption of alcohol
What is a Licensee
‘Licensee’ means a person who holds a licence; and in relation to any licensed premises, means the person who holds the licence concerned
What is a Manager
‘Manager’ means a manager of licensed premises appointed under the Sale and Supply of Alcohol Act; and in relation to any licensed premises, means a manager of those premises
Must Know -Who should authorise the closure of a licensed premises
If a constable is satisfied on reasonable grounds that one of the five circumstances exists he or she should inform a substantive sergeant or above for authority to immediately order the closure of the licensed premises.
What factors to consider when deciding to close licensed premises
Consideration needs to be given about whether the situation can be resolved by other means.
Police must take account of:
- the weight of eveidence supporting a closure
- previous interactions with Police
- likelihood of escalating violence
- duration of the closure.
Consider and apply TENR.
When deciding the duration of the closure of licensed premises Police must consider:
- when order is likely to be restored
- the closure sufficient to address public nuisance concerns
- the impact on the licensee.
Must Know - Section 169 – Powers of arrest, search, and seizure in relation to alcohol bans. Define Alcohol
‘Alcohol’ means a substance that— is or contains a fermented, distilled, or spirituous liquor; and at 20°C is found on analysis to contain 1.15% or more ethanol by volume; or is a frozen liquid, or a mixture of a frozen liquid and another substance or substances and is alcohol as per bullet 1 when completely thawed to 20°C; or whatever its form, is found on analysis to contain 1.15% or more ethanol by weight in a form that can be assimilated by people. Section 5(1) - Sale and Supply of Alcohol Act 2012.
Must Know - Section 169 – Powers of arrest, search, and seizure in relation to alcohol bans. Define alcohol ban
alcohol ban means a bylaw made under section 147
Must Know - Section 169 – Powers of arrest, search, and seizure in relation to alcohol bans. Define offfence
offence means a breach of an alcohol ban
Must Know - Section 169 – Powers of arrest, search, and seizure in relation to alcohol bans. Define restricted place
restricted place means a public place (within the meaning of section 147(1)) in respect of which an alcohol ban is in force.
Must Know - Section 169 – Powers of arrest, search, and seizure in relation to alcohol bans.(2) A constable may, without warrant,—
(a) for the purpose of ascertaining whether alcohol is present, search—
(i) a container (for example, a bag, case, package, or parcel) in the possession of a person who is in, or entering, a restricted place; or (ii) a vehicle that is in, or is entering, a restricted place:
(b) seize and remove any alcohol (and its container) that is in a restricted place in breach of an alcohol ban:
(c) arrest any person whom the constable finds committing an offence: (d) arrest any person who has refused to comply with a request by a constable—
(i) to leave a restricted place; or (ii) to surrender to a constable any alcohol that, in breach of an alcohol ban is in the person’s possession.
What happens to seized alcohol?
(3) Alcohol or a container seized under subsection (2)(b) is forfeited to the Crown if the person from whom the alcohol or container is seized pays the infringement fee.