3.3 Alcohol Flashcards
What is harm caused by the excessive or inappropriate consumption of alcohol?
Any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused or contributed to, by the excessive or inappropriate consumption of alcohol, and
any harm to society generally or the community, directly or indirectly caused or contributed to, by any crime, damage death, disease, disorderly behaviour, illness, or injury of a kind described above.
What circumstances apply to constitute closure of a licensed premises by Police - S266?
If a riot is taking place or about to occur
if there is fighting or serious disorder or about to break out
if there is significant threat to public health or safety
if conduct on any licensed premises amounts to substantial public nuisance
if there are RGB offences have been committed on premises that carry a maximum penalty of 5 years or more and there is a risk that further such offences being committed if remain open
May order premises to close no longer than 24 hours from the end of the day on which the order was made. May use force.
What are our powers of entry on licenced premises - S267?
may at any reasonable time enter and inspect any licensed premises to ascertain if complying with provisions and conditions of licence.
May at any time enter and inspect if RGB that any offence against this act is being committed.
What are our powers to demand information - S269
RGS any person has committed, is or attempting to commit any offence against this act must provide particulars.
If RGB particulars are false may require person to provide evidence
if refuses and continues to refuse after being cautioned, arrest.
Who can authorise closure of licenced premises?
Substantive sergeant or above can give authority to immediately close premises.
What are the factors to consider when deciding to close a licensed premises?
Risk of closure and impact of closure on licensee - undue financial impact
Disgruntled patrons being removed from premises and the likelihood of disorder
Also take into account: weight of evidence supporting closure any previous interactions with police likelihood of escalating violence duration of closure
consider if situation can be resolved by other means.
Alcohol ban - what are our powers to arrest, search and seizure - S169
For the purpose to ascertaining whether alcohol is present search a container in possession of person who is in restricted place or a vehicle,
Seize and remove any alcohol
arrest any person who is committing an offence
arrest any person who refuses to comply with request to leave or surrender any alcohol in their possession.
Before exercising the power of search inform the person they have the opportunity to remove the container or vehicle from the public place and provide them with reasonable opportunity to do so.
