Alcohol

Question 1

Section 4

Answer 1

Object

Question 2

Section 4 - Object

In relation to the sale and supply of alcohol act

Answer 2

1a. The sale, supply and consumption of alcohol should be undertaken safely and responsibly
1b. The harm caused should be MINIMISED

Question 3

Relating to alcohol, what does ‘harm’ consist of?

Answer 3

a. Crime, damage, death, disease, disorderly behaviour, illness or injury caused by the excessive or inappropriate consumption of alcohol; and
b. Any harm to society generally or to the community

Question 4

Section 266

Answer 4

Closure of licensed premises by Police

Question 5

Section 266 - Closure of licensed premises by Police:

When may a constable order closure of premises?

Answer 5

1. If riot; or
2. Fighting or serious disorder; or
3. Significant threat to public health or safety; or
4. If conduct amounts to a substantial public nuisance; or
5. 5+ yr offences AND significant risk of further offences if premises remain open

Question 6

Relating to 266, who may a licensee or manager apply to to reopen premises?

Answer 6

1. DC Judge
2. 2 or more JPs
3. 1 or more community magistrates

Question 7

What fine may a manager/licensee incur if they continue to operate if closed?

Answer 7

$10k/suspension for days

Question 8

What fine may someone incur if they continue to sell alcohol if ordered closed?

Answer 8

$3k

Question 9

Section 269

Answer 9

Power of Police to demand information

Question 10

Section 269 - Power of Police to demand information

Answer 10

1. If RGTS offence against sale and supply of alcohol act then:
   - MAY require name/address/DOB
2. If false details provided then MAY require to provide satisfactory evidence of particulars
3. If fails to provide and persists in refusing after being cautioned then MAY K9

Question 11

Under S269 what is the fine for refusing/failing or providing false details?

Answer 11

$2,000

Question 12

Definition of a riot

Answer 12

6 or more people using violence against persons or property that is causing alarm to persons in the neighbourhood

Question 13

Definition of a licensed premises?

Answer 13

Where a license is held for the sale and supply of alcohol

Question 14

Definition of a licensee?

Answer 14

The person who holds the license

Question 15

Definition of a manager?

Answer 15

The manager of the licensed premises

Question 16

List the circumstances in which Police may close licensed premises

Answer 16

• Riot
• Fighting or serious disorder
• Significant threat to public health or safety
• If conduct on the premises amounts to a substantial public nuisance
• Offences occurring = 5+yrs and there is a risk that further offences of this nature will occur

Question 17

Who is authorized to close a licensed premises?

Answer 17

Any Constable

Question 18

Who gives authorisation to close a licensed premises?

Answer 18

A substantive Sgt or above

Question 19

How long must the licensed premises remain closed if it has been ordered shut down?

Answer 19

It must shut immediately and remains shut until the time started in the order - not later than 24 hrs from the end of the day on which the order was made

Question 20

List the factors you should consider when deciding to close a licensed premises

Answer 20

• the weight of evidence supporting a closure
• any previous interactions with Police
• the likelihood of escalating violence
• the duration of the closure

Question 21

Police MUST consider what when deciding the duration of the closure?

Answer 21

• when order is likely to be restored
• that the closure will be sufficient to address public nuisance concerns
• the impact on the licensee

Question 22

What sections are included in the Local Government Act 2002?

Answer 22

Sections 169 and 170

Question 23

Section 169

Answer 23

Powers of arrest, search and seizure in relation to alcohol bans

Question 24

Section 169 - Powers of arrest, search and seizure in relation to alcohol bans

Answer 24

A Constable MAY, w/o warrant:

(a) for the purpose of ascertaining whether alcohol is present:
(i) search a container in the possession of the person in the ban zone
(ii) search a vehicle that is in, or entering, the ban zone
(b) seize and remove any alcohol that is in the ban zone
(c) arrest any person committing an offence
(d) K9 any person who refuses:
(i) to leave any place
(ii) to surrender alcohol

Question 25

Section 170

Answer 25

Conditions relating to power of search

Question 26

Section 170 - Conditions relating to power of search

Answer 26

1. Before searching you MUST:
   (a) inform the person they have the opportunity to remove any alcohol
   (b) provide them with the opportunity
2. Relates to a w/o notice search
3. Before Police may search, the territorial authority MUST:
   (a) specify the public place where Police may search and give 14 days notice about it
   (b) indicate the location with signs

Question 27

List the principles around enforcement of liquor ban laws

Answer 27

1. Enforcement is directed to having regard for the reason for the ban
2. Time/place/circumstance dictates action
3. Enforcement is directed towards harm

Question 28

Factors of Harm

TENSIONS

Answer 28

TENSIONS = TroublE/complaiNtS/
behavIour/cOncerns/
iNtoxication/diSorder

Harm is existing or anticipated and factors the following:

• Trouble hotspots
• Complaints from the public
• Observed behaviour giving cause for concern
• Evidence of intoxication in a public place
• Gatherings where alcohol is causing disorder

Question 29

Describe how you prove that someone has breached the liquor ban

Answer 29

You must prove the offender’s ID and that they:

• consumed alcohol
• brought alcohol in
• possessed alcohol

*and were in a PP (or vehicle that was in a PP)

Question 30

What is the exemption for breach of liquor ban?

Answer 30

That unopened containers may be transported next to a PP, as long as they are removed promptly.