3.3 Sale and Supply of Alcohol 2012 Flashcards
Section 266 (1) - When can police close a licensed premise (5)?
1) Riot
2) Serious disorder
3) Significant threat to safety
4) Substantial public nuisance
5) RGTB 5 year offence committed
How long can a constable order the closure of a licensed premise?
It must not be longer than 24 hours from the end of the day on which the order was made.
Section 267 - When can a constable enter a licensed premise to check compliance (2)?
What may they do to check compliance?
1) At any reasonable time.
2) Reasonable grounds to believe any offence against this Act is being committed on the licence premise
Require any licence, book, notice, record, list or other document that is required by this Act to be kept.
Section 269 - Police power to demand information
A constable who has reasonable grounds to suspect any person has/is/will commit an offence against this act, may require that person to provide their name, address and DOB.
If the person fails or persists in refusing to provide their particulars, he or she may be arrested without warrant.
Liable on conviction to a $2,000 fine.
Who is authorised to close a premise?
Any constable if satisfied on reasonable grounds that one of the 5 circumstances exist.
The constable should inform a supervisor of Sergeant rank or above for authority to immediately close a licensed premise.
What are the powers conferred by the Local Government Act Section 169 - Breach of liquor ban powers (4)?
1) Search any container or vehicle for the purpose of ascertaining whether alcohol is present
2) Seize and remove the alcohol and it’s container.
3) Arrest any person committing an offence.
4) Arrest a person who refuses to comply with a request by a constable to leave a restricted place or surrender any alcohol.
What must you do before you search a container or vehicle (2)?
Inform the person they can remove the container or the vehicle from the public place, and
Provide them a reasonable opportunity to remove the container or vehicle.
What are the liquor ban enforcement principles (3)?
1) Enforcement will not be directed to strict compliance
2) Question of time, place and circumstance as to whether it is appropriate to take action
3) Enforcement is to prevent alcohol related harm and anti-social behavior
What is the definition of a riot?
A riot is defined as a group of 6 or more people who, acting together, are using violence against people or property to the alarm of people in the neighbourhood.
Is it an offence to have an open bottle of beer and an unopened bottle of wine in a liquor ban area if he had just left a pub and is walking through the banned zone to give the wine to his partner in his house?
No offence for the the wine because it is unopened but it is an offence for the bottle of beer
Fact - Under section 266 of the Sale and Supply of Alcohol Act 2012, what is the penalty for non-compliance with refusing to close (licensee, manager, staff)?
Licensee - $10,000 fine and suspension of license up to 7 days.
Manager - $10,000 fine.
Anyone who sells alcohol - $3,000 fine.
What is the penalty for refusing an officer’s demands under section 267 of the Sale and Supply of Alcohol Act 2012?
A fine no greater than $2,000.
Section 169 of the Local Government Act 2002
To be re-written
