3.3 Sale and Supply of Alcohol 2012

Question 1

What is the object of S4 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 S4 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

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

Answer 3

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 4

S267 - When can a constable enter a licensed premise to check compliance?

Answer 4

• 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 5

Sec 269 - Police power to demand information (Sale and Supply of Alcohol Act 2012)

Answer 5

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 6

Who is authorised to close a premise?

Answer 6

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 7

Sec 169 - Breach of liquor ban powers

Answer 7

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 8

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

Answer 8

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 9

What are the liquor ban enforcement principles?

Answer 9

• 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 10

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

Answer 10

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 11

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 11

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 12

Exceptions to s169 Sale and Supply of Alcohol Act 2012 (immediate search powers)

Answer 12

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 13

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 13

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 14

Section 169(2)(b) of the Local Government Act gives Police the power to…

Answer 14

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 15

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

What is the exception?

Answer 15

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.

Question 16

Liquor ban - When alcohol related harm or antisocial behavior may be either existing or anticipated what factors may an officer use to make a judgment? (4)

Can these same factors be sufficient for arrest?

Answer 16

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 17

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

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

Answer 17

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.