3.3 Sale and Supply of Alcohol 2012

Question 1

Section 266 (1) - When can police close a licensed premise?

Answer 1

• if a riot is taking place or reasonable grounds for believing it will take place
• if there is fighting or serious disorder or reasonable grounds for believing a fight will break out
• if there is significant threat to public health or safety
• if there is substantial public nuisance
• reasonable grounds for believing offences carrying 5 years or more imprisonment have been committed and there is risk will continue to be committed,

Question 2

Section 266 (2, 3 & 4) - How long can a constable order the closure of a licensed premise?

Answer 2

• 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.
• Use any force necessary for the purpose of closing any licensed premise
• Licensee or manager can apply to a District Court Judge or any 2 or more Justices or any 1 CM for the revocation of the order.

Question 3

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

Answer 3

(1) - At any reasonable time.
(2) - Reasonable grounds to believe any offence against this Act is being committed on the licence premise
(3) - May:
- Require any licence, book, notice, record, list or other document that is required by this Act to be kept.

Question 4

Section 269 - Police power to demand information

Answer 4

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.

Question 5

Who is authorised to close a premise?

Answer 5

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 6

Local Government Act Section 169 - Breach of liquor ban powers

Answer 6

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 in or entering a restricted area

Seize and remove the alcohol and it’s container.

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 7

Section 170 - Before you search a container or vehicle, you must:

Answer 7

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 8

What are the liquor ban enforcement principles?

Answer 8

• enforcement will not be directed to strict compliance
• question of time, place and circumstance as to whether it is appropriate to take action
• enforcement is to prevent alcohol related harm and anti-social behavior

Question 9

What is the definition of ‘RIOT’?

Answer 9

‘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 10

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?

Answer 10

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

Question 11

Section 266 (6 - 9) - Consequences of non-compliance of refusing to close premise

Answer 11

Liable on conviction to a fine of not more than $10,000 and the suspension of the licensee’s licence for a period of not more than 7 days.
- In case of a manager - fine $10,000.

• A person who sells alcohol while order is in effect commits an offence and is liable on conviction to a fine of not more than $3,000.

Question 12

Section 267 - Refusing an officer’s demand for entry

Answer 12

(4) - Liable on conviction to $2,000 fine if they:
a. Refuse or fails to admit any license premise any Constable or Inspector who demands entry, or:
b. Delays unreasonably in admitting any Constable or Inspector.
c. Fail to produce licence or any document required under (3)(a).
d. To provide assistance or information when required to do so under the Act.

Question 13

Section 169 - May immediately and without further notice search a container or vehicle if the TA has:

Answer 13

• Specified the public place (by public notice given 14 days in advance) where and when Police are authorised to search
• Indicated the location of the public place by one or more clearly legible notices affixed in more or more places on, adjacent to the place which the notice relates.
• unless impractical or unreasonable to do so.