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CPK - February 2022 > Alcohol > Flashcards

Alcohol Flashcards

1
Q

Section 4 - Object

In relation to the sale and supply of alcohol act

A

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

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2
Q

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

A

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

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3
Q

Section 266

A

Closure of licensed premises by Police

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4
Q

Section 266 - Closure of licensed premises by Police:

When may a constable order closure of premises?

A
  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
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5
Q

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

A
  1. DC Judge
  2. 2 or more JPs
  3. 1 or more community magistrates
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6
Q

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

A

$10k/suspension for days

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7
Q

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

A

$3k

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8
Q

Section 269

A

Power of Police to demand information

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9
Q

Section 269 - Power of Police to demand information

A
  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
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10
Q

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

A

$2,000

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11
Q

Definition of a riot

A

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

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12
Q

Definition of a licensed premises?

A

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

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13
Q

Definition of a licensee?

A

The person who holds the license

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14
Q

Definition of a manager?

A

The manager of the licensed premises

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15
Q

List the circumstances in which Police may close licensed premises

A
  • 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
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16
Q

List the six descriptors for “Hazardous”

A 
Explosive 
Flammable 
Oxidising 
Corrosive 
Toxic 
Eco-toxic

(or becomes one of these on contact with air or water)

17
Q

Describe a “New Organism”

A

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

18
Q

Describe “emergency” in context of this Act

A

Actual or Imminent danger involving:
Human Health; safety or environment,
Arising from substance or organism
Immediate action required.

19
Q

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?

A

Fire and Emergency Civil Defence Biosecurity

20
Q

What are the powers under the declaration of a Hazardous substances emergency

A

Enter Remove cause Stabilise situation Protect persons/environment.

21
Q

What three things must you state on declaring an emergency?

A

Your name and title Authority to exercise power Nature of Emergency

22
Q

How long does the emergency last?

A

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)

23
Q

s137 grants specific powers under the act, what are they?

A

Enter Direct any person to: Stop Leave Refrain

You may : Requisition or destroy property Secure site.

CPK - February 2022 (18 decks)

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