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

• 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 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, and after being cautioned still refuses, 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

Define Alohcol

Answer 11

1.15% in any form

Question 12

Closure of licensed premises

Section 266

Answer 12

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 13

Breach of alcohol ban - Section 147

Exemptions

Answer 13

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 14

Exception to the rules around searching a vehicle etc without giving the warning:

Answer 14

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