3.3 Sale and Supply of Alcohol 2012 Flashcards
What is the object of S4 of the Sale and Supply of Alcohol Act 2012?
Answer:
The object of the act is that:
- The sale, supply and consumption of alcohol should be undertaken safely and responsibly
- The harm caused by excessive or inappropriate consumption of alcohol should be minimised
Under S4, What is included as harm caused by the excessive or inappropriate consumption of alcohol?
Answer:
- Any crime, damager death, disease, disorderly behaviour, illness, 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
How long can a Constable order the closure of a licensed premise?
- A constable may order the closure of any licensed premise
- Until a time stated in the order
- Which must be no later than 24hrs from the end of day
- On which the order was made
S267 - When can a Constable enter a licensed premise to check compliance?
- 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
S269 - Police power to demand information (Sale and Supply of Alcohol Act 2012)
- A constable who has RGTS
- 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 refused, he or she may be arrested without warrant
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 or above for authority to immediately close a licensed premise
Section 169 - Breach of liquor ban powers
- 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
- Seized and removed the alcohol
- Arrest any person committing an offence
- Arrest a person who refused to comply with a request by a constable to leave a restricted place or surrender any alcohol
Before you search a container or vehicle for alcohol, you must
- Inform the person they can removed the container or vehicle from the public area and
- Provide them a reasonable opportunity to remove the container or vehicle
What are the liquor ban enforcement principles?
- Enforcement will not be directed to strict compliance, more the reason for the ban
- Question of time, place and circumstances as to whether it is appropriate to take enforcement action
- Enforcement is to prevent alcohol related harm and anti-social behaviour in public places
If a man had just left a pub with an open bottle of beer and an 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?
It is an offence to have an open bottle of beer in a liquor ban area.
No offence for the wine because it is unopened but it is an offence of the bottle of beer.
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
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
Exceptions to Section 169 Sale and Supply of Alcohol Act
(Immediate Search Powers)
You may,
- Immediately and without further notice
- Search a container or 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 notices relates, unless it is impracticable or unreasonable to do so
What is an AION?
An Alcohol Infringement Notice
What are the 3 types of AION issued?
There are three with prep codes
- Consuming W655
- Brought into W656
- Possessed W657
What must you prove to issue an AION?
You must prove the
- Identity of the offender and
- That they breached a bylaw for alcohol control purposes by
Consuming alcohol
Brining in Alcohol
Possessing Alcohol
- In a public place (or vehicle in a public place) specified by law
What is the penalty for an AION?
$250
Section 169(2)(b) of the Local Government Act gives Police the power to…
Answer:
A constable may (without warrant) seized and removed any alcohol and its container that is in a restricted place in breach of an alcohol ban
Before you can search a container or vehicle under S170 Local Government Act 2002, what must you do?
What is the exception?
Answer:
You must
- Inform the person in possession of the container or the vehicle that they have the opportunity of removing the container or the vehicle from the public place and
- Provided the person 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 there territory local authority have:
- Specified in the public place (by public notice 14 days in advance) where and when Police are authorised to search
Liquor ban
When alcohol related harm or antisocial behaviour may be wither exisiting or anticipated, what factors may an officer use to make a judgement? (4)
Can these same factors be sufficient for arrest?
Answer:
- Existence of disorder, violence, antisocial hotspot
- Behaviour observed giving cause for concern about the probability of disorder and or violence
- Evidence of intoxication in a public place, and behaviour 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 antisocial behaviour associated to alcohol consumption
Answer:
Yes, this is the last option and should be used after other options have been considered and discarded.
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:
- 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
