3.3 Sale and Supply of Alcohol 2012

Question 1

What is the object of section 4 of the Sale and Supply of Alcohol Act 2012?

Answer 1

Answer:
The object of the act is that:
- the sale, the supply and consumption of alcohol should be undertaken safely and responsibly

• the harm caused by excessive or inappropriate consumption of alcohol should be minimized

Question 2

Under section 4 what is included as harm caused by the excessive or inappropriate consumption of alcohol?

Answer 2

Answer:
- Any crime, damage, death, disease, disorderly behavior, illness or injury directly or indirectly caused by excessive or inappropriate consumption of alcohol, and

• Any harm to society generally or to the community directly or indirectly caused

Question 3

Sec 266 - When can police close a licensed premise. What are the 5 drivers?

Answer 3

Fighting or serious disorder
Offences committed - penalty 5 yrs+
Riot
Threat to public safety
Public nuisance

Question 4

How long can a constable order the closure of a licensed premise?

Answer 4

A constable may order the closure of any licensed until a time stated in the order which must be no later than 24hrs from the end of the day on which the order was made.

Question 5

Sec 267 - When can a constable enter a licensed premise to check compliance?

Answer 5

• A Constable may at any reasonable time enter to inspect any licensed premises to ensure compliance
• A Constable may at ANYTIME enter the premises if they have reasonable grounds to believe that an offence against this Act is being committed at that premises.

Question 6

Sec 269 - Police power to demand information

Answer 6

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, and after being cautioned still refuses, he or she may be arrested without warrant.

Question 7

Who is authorised to close a premise?

Answer 7

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.

Question 8

Sec 169 - Breach of liquor ban powers

Answer 8

A constable may without warrant, for the purpose of ascertaining whether alcohol is present, search:

• any container in the possession of a person
• a vehicle that is entering a restricted area

Seize and remove the alcohol.

Arrest any person committing an offence.

Arrest a person who refuses to comply with a request by a constable to leave a restricted place or surrender any alcohol.

Question 9

Before you search a container or vehicle for alcohol, you must

Answer 9

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.

Question 10

What are the liquor ban enforcement principles?

Answer 10

• enforcement will not be directed to strict compliance, more the reason for the ban
• question of time, place and circumstance as to whether it is appropriate to take enforcement action
• enforcement is to prevent alcohol related harm and anti-social behavior in public places

Question 11

What is the definition of ‘RIOT’?

Answer 11

‘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.

Question 12

If a man had just left a pub with the opened bottle of beer and is walking through the banned zone to give the wine to his partner at his house, What is the offence?

Answer 12

Is it an offence to have an open bottle of beer in a liquor ban area.

No offence for the the wine because it is unopened but it is an offence for the bottle of beer

Question 13

Define Alcohol

Answer 13

Answer:
It is any substance in any form to contain a fermented, distilled or spiritus liquor that contains 1.15% of ethanol at 20 degrees c per volume

Question 14

If there is a closure of licensed premises,

What can a licensee do if their premise is closed?

Section 266 - Sale and Supply of Alcohol Act 2012

Answer 14

Answer:
As soon as the order is given, the licensee or manager may apply to a DC Judge or any 2 or more Justices or any 1 or more Community Magistrates for the revocation of the order.

Question 15

Breach of alcohol ban - Section 147

Exemptions

Answer 15

Alcohol in UNOPENED containers maybe:

• 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 a public place

Question 16

Exception to the rules around searching a vehicle etc without giving the warning, pursuant to Sale and Supply of Alcohol Act 2012

Answer 16

You may, immediately and without further notice, search a container or a vehicle if the territorial authority has:

• specified the public place (by public notice given 14 days in advance) where and when Police are authorised to search; and
• indicated the location of the public place by one or more clearly legible notices affixed in one or more conspicuous places on, or adjacent to, the place to which the notice relates, unless it is impracticable or unreasonable to do so

Question 17

What is an AION?

What are the 3 types of AION issued?

What must you prove to issue an AION?

What is the penalty for an AION?

Answer 17

Answer:
An alcohol infringement offense notice.

Answer:
There are three with the prep codes
W655, consuming
W657, possessed
W656, brought into

Answer:
You must prove the identity of the offender 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

Answer:
$250

Question 18

What power under section 169(2)(b) of the Local Government Act 2002 may a constable use?

Answer 18

Answer:
A constable may (without warrant) seize and remove any alcohol and its container that is in a restricted place in breach of an alcohol ban

Question 19

Before you can search a container or a vehicle under s170 Local Government Act 2002 what must you do?

What is the exception?

Answer 19

Answer:
You must
- inform the person in possession of the container or the vehicle that they having the opportunity of removing the container or the vehicle from the public place, and

• Provide the person with a reasonable opportunity to remove the container or the vehicle from the public place

Answer:
You may immediately and without further notice search a container or a vehicle if the territory local authority has:
– specified in the public place (by public notice 14 days in advance) where and when Police are authorized to search, and

• ## indicated the location of the public place by one or more clearly legible notices a fixed in one or more conspicuous places on or adjacent to the place to which the notice relates, unless it is impractical or unreasonable to do so.

Question 20

When alcohol related harm or antisocial behavior may be either existing or anticipated what factors may an officer use to make a judgment?

Can these same factors be sufficient for arrest?

Answer 20

Answer:
-Existence of disorder violence antisocial behavior hotspot

• Behavior observed giving cause for concern about the probability of disorder and or violence
• Evidence of intoxication in a public place, and behavior related complaints from members of the public
• The presence of a gathering of individuals that in assessment of the attending officers is likely to result in the antisocial behavior associated to alcohol consumption.

Answer:
Yes. This is the last option and should be used after other options have been considered and discarded.

Question 21

What are the factors when deciding to close a little licensed premises?

What factors should be taken into account with the duration of the closure?

Answer 21

Answer:
Weight of evidence 
Previous Police interactions
Likelihood of escalating violence
Duration of closure

Answer:

• When ORDER is likely to be restored
• CLOSURE sufficient to address public nuisance concerns
• The IMPACT on the licensee.