3.3 Sale and Supply of Alcohol 2012

Question 1

Sec 266 - 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

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.

Question 3

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

Answer 3

At any reasonable time.

Question 4

Sec 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.

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

Sec 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 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 7

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 267 – Powers of entry on licensed premises

(3) For the purposes of exercising the power conferred by this section, a constable or an inspector may—

Answer 11

(a) require the production of any licence, or any book, notice, record, list, or other document that is required by this Act to be kept, and examine and make copies of it; and
(b) require the licensee or manager to provide any information or assistance reasonably required by a constable or an inspector relating to any matter within the duties of the licensee or manager.

$2000 fine for failing to do so