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.
Must Know - Section 170 – Conditions relating to power of search. What must you do before searching?
(1) Before exercising the power of search under section 169(2)(a) in relation to a container or a vehicle, a constable must—
(a) inform the person in possession of the container or the vehicle, as the case may be, that he or she has the opportunity of removing the container or the vehicle from the public place; and
(b) provide the person with a reasonable opportunity to remove the container or the vehicle, as the case may be, from the public place.
Must Know - Section 170 – Conditions relating to power of search. What is the exception to giving them the opportunity to remove ?
on specified dates or in relation to specified events, notified in accordance with subsection (3), a constable may, immediately and without further notice, exercise the power under section 169(2)(a) to search a container or a vehicle.
What is the purpose of bylaws for alcohol control purposes
to reduce the harmful effects of alcohol consumption in public places
Must Know- The three principles that Police appliy in the enforcement of alcohol bans are
- 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 circumstance 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.
Alcohol related harm and antisocial behaviour may be either existing or anticipated. What would inform my decisions?
the existence of a disorder/ violence/ antisocial behaviour hotspot in a particular location
behaviour related complaints from members of the public
behaviour observed giving cause for concern about the probability of disorder and/ or violence
evidence of intoxication in a public place
; and the presence of a gathering of individuals that, in the assessment of the attending officer(s), is likely to result in antisocial behaviour associated with alcohol consumption
Must know - What is the definition of a public place?
Public place’ means a place that is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from it, but does not include licensed premises. Section 147(1) - Local Government Act 2002
Must know- Breach of alcohol ban (section 147 – Local Government Act 2002) - What do I need to prove?
You must prove the identity of the offenders and that they breached a bylaw for alcohol control purposes (an alcohol ban) by:
- consuming alcohol
- bringing alcohol
- possessing alcohol
- in a public place (or in a vehicle in a public place) specified in the bylaw.
What is the fine for breaching the ban?
prec W655 Consuming, W657 Possessed and W656 Brought into) requiring payment of an infringement fee of $250.
Must know- There are exemptions, what are they?
Alcohol in unopened containers may be:
- transported from off licensed premises next to a public place if it was lawfully bought on those premises for consumption off those premises, and it is promptly removed from the public place
- transported from outside a public place for delivery to licensed premises next to the public place
- transported from outside a public place to premises next to a public place by, or for delivery to, a resident of those premises or by their bona fide visitors
- transported from premises next to a public place to a place outside the public place if the transport is undertaken by a resident of those premises, and the alcohol is promptly removed from the public place. NOTE the word unopened.
Seizing alcohol Section 169(2)(b) – Local Government Act 2002 - What must have happened before I do this?
may (without warrant) seize and remove any alcohol (and its container) that is in a restricted place in breach of an alcohol ban.
When should I use my power off arrest (Section 169 - Local Government Act 2002)?
The power of arrest should be used where circumstances require a firm intervention to prevent alcohol related harm and antisocial behaviour caused by the consumption of alcohol in public places.\ Arrest is the last option and should be used after other options have been considered and discarded. Offenders should be released from custody as soon as the reason for their arrest is no longer present i.e. if they are arrested as they are too intoxicated to look after themselves, they should be released as soon as they are sober enough to be safe.
On discovering a person suspected of breaching an alcohol ban, follow these steps at the scene (not necessarily in order).
Obtain full details of the offender.
Take full notes of your interview with the offender including:
- that they knew they were in an alcohol ban area
- that the alcohol they were in possession of in breach of the alcohol ban is in fact alcohol. Note if the alcohol in possession of the offender is:
- in a labelled trade container
- if not in a labelled trade container, appears to contain alcohol and smells like alcohol. Also note if:
- the offender admits the substance is alcohol
- the offender displays any signs of being influenced or intoxicated by alcohol. Apply enforcement principles in considering any enforcement. Consider warning and moving offender on. If warning inappropriate as it will not meet the enforcement principles then consider issuing an Alcohol Infringement Notice. If necessary to prevent anti-social behaviour from continuing or to protect any person from harm, consider arresting the offender and return them to the station or taking that offender to a place of safety. T
he offender must be released from custody as soon as it is safe to do so and they can be issued an infringement notice. In all cases, the alcohol that is the subject of the breach of alcohol ban should be forfeited by the offender and destroyed by them immediately, and notebook endorsed accordingly. It may be desirable in certain rare cases to take the alcohol concerned as an exhibit where a defended hearing is anticipated or for other reasons however this should be avoided if possible and reliance made on the presumption contained in the Local Government Act.
