Alcohol Flashcards
Section 4 (Alcohol)
Object
Section 4 - Object
In relation to the sale and supply of alcohol act
1a. The sale, supply and consumption of alcohol should be undertaken safely and responsibly
1b. The harm caused should be MINIMISED
Relating to alcohol, what does ‘harm’ consist of?
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
Section 266 (Alcohol)
Closure of licensed premises by Police
Section 266 - Closure of licensed premises by Police:
When may a constable order closure of premises?
- If riot; or
- Fighting or serious disorder; or
- Significant threat to public health or safety; or
- If conduct amounts to a substantial public nuisance; or
- 5+ yr offences AND significant risk of further offences if premises remain open
Relating to 266, who may a licensee or manager apply to to reopen premises?
- DC Judge
- 2 or more JPs
- 1 or more community magistrates
What fine may a manager/licensee incur if they continue to operate if closed?
$10k/suspension for days
What fine may someone incur if they continue to sell alcohol if ordered closed?
$3k
Section 269 (alcohol)
Power of Police to demand information
Section 269 - Power of Police to demand information
- If RGTS offence against sale and supply of alcohol act then:
- MAY require name/address/DOB - If false details provided then MAY require to provide satisfactory evidence of particulars
- If fails to provide and persists in refusing after being cautioned then MAY K9
Under S269 what is the fine for refusing/failing or providing false details?
$2,000
Definition of a riot
6 or more people using violence against persons or property that is causing alarm to persons in the neighbourhood
Definition of a licensed premises?
Where a license is held for the sale and supply of alcohol
Definition of a licensee?
The person who holds the license
Definition of a manager?
The manager of the licensed premises
List the circumstances in which Police may close licensed premises
- 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
Who is authorized to close a licensed premises?
Any Constable
Who gives authorisation to close a licensed premises?
A substantive Sgt or above
How long must the licensed premises remain closed if it has been ordered shut down?
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
List the factors you should consider when deciding to close a licensed premises
- the weight of evidence supporting a closure
- any previous interactions with Police
- the likelihood of escalating violence
- the duration of the closure
Police MUST consider what when deciding the duration of the closure?
- when order is likely to be restored
- that the closure will be sufficient to address public nuisance concerns
- the impact on the licensee
What sections are included in the Local Government Act 2002?
Sections 169 and 170
Section 169 (Alcohol)
Powers of arrest, search and seizure in relation to alcohol bans
Section 169 - Powers of arrest, search and seizure in relation to alcohol bans
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
Section 170 (Alcohol)
Conditions relating to power of search
Section 170 - Conditions relating to power of search
- Before searching you MUST:
(a) inform the person they have the opportunity to remove any alcohol
(b) provide them with the opportunity - Relates to a w/o notice search
- 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
List the principles around enforcement of liquor ban laws
- Enforcement is directed to having regard for the reason for the ban
- Time/place/circumstance dictates action
- Enforcement is directed towards harm
Factors of Harm
TENSIONS
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
Describe how you prove that someone has breached the liquor ban
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)
What is the exemption for breach of liquor ban?
That unopened containers may be transported next to a PP, as long as they are removed promptly.
