Alcohol Flashcards
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
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
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
List the six descriptors for “Hazardous”
Explosive Flammable Oxidising Corrosive Toxic Eco-toxic
(or becomes one of these on contact with air or water)
Describe a “New Organism”
1: Not in NZ prior to July 1998
2: Risk species or variety
3: No approval given for species or organism
4: GM organism
5: Eradicated
Describe “emergency” in context of this Act
Actual or Imminent danger involving:
Human Health; safety or environment,
Arising from substance or organism
Immediate action required.
Before you can declare an emergency you must consider three Acts that might already be engaged or active in relation to the event. What are they?
Fire and Emergency Civil Defence Biosecurity
What are the powers under the declaration of a Hazardous substances emergency
Enter Remove cause Stabilise situation Protect persons/environment.
What three things must you state on declaring an emergency?
Your name and title Authority to exercise power Nature of Emergency
How long does the emergency last?
Max 48 hours after declaration or when one of the three over-riding statutory enactments takes over (Fire and Emergency; Bio Security or Civil defence)
s137 grants specific powers under the act, what are they?
Enter Direct any person to: Stop Leave Refrain
You may : Requisition or destroy property Secure site.
