3.3 Alcohol

Question 1

What is the objective of the sale and supply of alcohol act 2012?

Answer 1

(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.

Question 2

When it mentions the excessive or inappropriate

consumption of alcohol being minimised what does it include?

Answer 2

(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).

Question 3

Outline the five circumstances Police can close a licensed premises or part of a licensed premises?

Answer 3

(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.

Question 4

How long can Police close the licensed premises for?

Answer 4

Time must not be later than 24 hours from the end of the day on which the order was made.

Question 5

What if any force can be used to close the premises?

Answer 5

any force that may be necessary for the purpose of closing the licensed premises or any part of the licensed premises.

Question 6

If it is kept open who commits offences?

Answer 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.

Question 7

Who else might commit an offence?

Answer 7

A person who sells any alcohol on or from the licensed premises or the specified partof the licensed premises at any time while the order is in effect.

Question 8

A constable or inspector may at any reasonable time inspect any licensed premises. What may a Constable or inspector do during the inspection?

Answer 8

(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.

Question 9

What are the consequences of not complying to a lawful request to inspect?

Answer 9

(4) A person commits an offence and is liable on conviction to a fine of not more than $2,000 who, without reasonable excuse:
- refuses or fails to admit to any licensed premises any constable or inspector
who demands entry under this section; or
- delays unreasonably in admitting to any licensed premises any constable or
inspector who demands entry under this section.

A person also 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:
- to produce the licence or any document when required to do so under
subsection (3)(a); or
- to provide any assistance or information when required to do so under
subsection (3)(b).

Question 10

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. If I believe the details are false what can I do?

Answer 10

I may require the person concerned to provide satisfactory evidence of the particulars.

Question 11

There is a power of arrest for failing to give information but what must occur before the arrest?

Answer 11

They must be cautioned of arrest.

Question 12

What is the definition or ‘riot’ in the act?

Answer 12

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 13

What is the definition or ‘licensed premises’ in the act?

Answer 13

Any premises for which a licence is held for the sale, supply of consumption of alcohol.

Question 14

What is the definition or ‘licensee’ in the act?

Answer 14

A person who holds a licence; and in relation to any licensed premises, means the person who holds the licence concerned.

Question 15

What is the definition or ‘Manager’ in the act?

Answer 15

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

Question 16

Who should authorise the closure of a licensed premises?

Answer 16

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.

Question 17

What factors to consider when deciding to close a licensed premises

Answer 17

Consideration needs to be given about whether the situation can be resolved by other means.

Police must take into account:
- the weight of evidence supporting a closure.

• any previous interactions with Police.
• the likelihood of escalating violence.
• the duration of the closure.

Question 18

When deciding the duration of the closure of licensed premises Police must consider:

Answer 18

• when order is likely to be restored.
• the closure sufficient to address public nuisance concerns.
• the impact on the licensee.

Question 19

In the Local Government Act 2002 what is the definition of ‘alcohol’?

Answer 19

‘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.

Question 20

In the Local Government Act 2002 what is the definition of ‘alcohol ban’?

Answer 20

It means a bylaw made under section 147.

Question 21

In the Local Government Act 2002 what is the definition of ‘offence’?

Answer 21

It refers to a breach of an alcohol ban.

Question 22

In the Local Government Act 2002 what is the definition of ‘restricted place’?

Answer 22

It means a public place (within the meaning of section 147(1)) in respect of which an alcohol ban is in force.

Question 23

When discussing the powers of arrest, search, and seizure in relation to alcohol bans, what may a Constable do without warrant?

Answer 23

(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.

Question 24

What happens to seized alcohol?

Answer 24

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.

Question 25

Before exercising the power of search under section 169(2)(a) in relation to a container or a vehicle, what must a constable do before searching?

Answer 25

(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.

Question 26

What is the exception to giving them the opportunity to remove the container or vehicle from the public place?

Answer 26

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.

Question 27

What is the purpose of bylaws for alcohol control purposes?

Answer 27

It is to reduce the harmful effects of alcohol consumption in public places.

Question 28

The three principles that Police applies in the enforcement of alcohol bans are:

Answer 28

1· Enforcement will not be directed to strict compliance but rather having regard to the reason for imposing a ban.

2· It is a question of time, place and circumstance as to whether it is appropriate to take enforcement action.

3· Enforcement will be directed to preventing alcohol related harm and antisocial behaviour caused by the consumption of alcohol in public places.

Question 29

Alcohol related harm and antisocial behaviour may be either existing or
anticipated. What would inform my decisions?

Answer 29

1· The existence of a disorder/ violence/ antisocial behaviour hotspot in a particular location.

2· Behaviour related complaints from members of the public.

3· Behaviour observed giving cause for concern about the probability of disorder and/ or violence.

4· Evidence of intoxication in a public place; and

5· 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.

Question 30

What is the definition of ‘public place’?

Section 147(1) - Local Government Act 2002

Answer 30

‘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.

Question 31

For a breach of alcohol ban what do I need to prove?

Answer 31

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.

Question 32

What is the fine for breaching the ban?

Answer 32

An Alcohol Infringement Offence Notice (AION) can be issued (prec W655 Consuming, W657 Possessed and W656 Brought into) requiring payment of an infringement fee of $250.

Question 33

There are exemptions for breaching an alcohol ban, what are they?

Answer 33

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.

Question 34

When should I use my power of arrest?

Answer 34

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.

Question 35

On discovering a person suspected of breaching an alcohol ban, what steps should I follow at the scene (not necessarily in order).

Answer 35

1. Obtain full details of the offender.
2. 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.
3. 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.

4. Apply enforcement principles in considering any enforcement.
5. Consider warning and moving offender on.
6. If warning inappropriate as it will not meet the enforcement principles then consider issuing an Alcohol Infringement Notice.
7. 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.
8. The offender must be released from custody as soon as it is safe to do so and they can be issued an infringement notice.
9. 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.
10. 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.