Alcohol

Question 1

Section 267 Sale and supply of alcohol act 2012

Answer 1

Powers of entry on licensed premises

• 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.

$2000 fine for refusing entry to a Constable, failing to produce any document (eg licence managers certs etc)

Question 2

Section 269 - Sale and supply of alcohol act 2012.
Power of police to demand information

Answer 2

Power of Police to demand information

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 3

Section 4 - Sale and supply of alcohol act 2012

Answer 3

The object of the act is that:

the sale, the supply and consumption of alcohol should be undertaken safely and responsibly
the harm caused by excessive or inappropriate consumption of alcohol should be minimized

Question 4

Under section 4 What is defined as harm caused by excessive consumption.

Answer 4

Any crime, damage, death, disease, disorderly behavior, illness or injury directly or indirectly caused by excessive or inappropriate consumption of alcohol, and
Any harm to society generally or to the community directly or indirectly caused

Question 5

Local Govt Act 2002. Sect 169
Power of arrest search and seizure in relation to alcohol bans

Seizure - 169 (2)(b)
Arrest - 169 (c) and (d)
Search - Sect 170 Local Govt Act 2002

Answer 5

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

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 6

Local Govt Act 2002. Sect 170.
Conditions relating to power of search

Answer 6

You must

inform the person in possession of the container or the vehicle that they having the opportunity of removing the container or the vehicle from the public place, and
Provide the person with a reasonable opportunity to remove the container or the vehicle from the public place
Answer:

You may immediately and without further notice search a container or a vehicle if the territory local authority has:

– specified in the public place (by public notice 14 days in advance) where and when Police are authorized to search.

Question 7

Enforcement Principles of alcohol bans

Answer 7

• Enforcement will not be directed to strict compliance but rather having regard to the reason for imposing a ban.
• It is a question of time place and circumstance as to whether it is appropriate to take enforcement action
• Enforcement will be directed to preventing alcohol related harm and antisocial behaviour caused by alcohol consumed in public.

Question 8

Alcohol Definiation

Answer 8

alcohol means a substance—
(a)
that—
(i)
is or contains a fermented, distilled, or spirituous liquor; and
(ii)
at 20°C is found on analysis to contain 1.15% or more ethanol by volume; or
(b)
that—
(i)
is a frozen liquid, or a mixture of a frozen liquid and another substance or substances; and
(ii)
is alcohol (within the meaning of paragraph (a)) when completely thawed to 20°C; or
(c)
that, whatever its form, is found on analysis to contain 1.15% or more ethanol by weight in a form that can be assimilated by people

Question 9

Public Place Definition

Answer 9

means a place that is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from it; but
(b)
does not include licensed premises.

Question 10

Alcohol ban breachs - Prove identity.

Answer 10

• Consuming alcohol in the ban area
• Bringing alcohol into the ban area
• Possessing alcohol in the ban area
• In a public place or in a vehicle in a public place specified in the bylaw.

Exemptions:
- Unopened containers may be:
- Transported from an off licences premises such as bottle shop, if it is promptly removed from the public place.
- Transported from outside a public place for delivery to a licensed premises next to the public place.
- Transported from outside a public place to premises next to a public place by or for deliver 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 the public place.

Question 11

Seizing alcohol - Section 169 (2)(b) Local govt act 2002.

Answer 11

A constable may without warrant seize and remove any alcohol and its container that is in a restricted place in breach of an alcohol ban.

Question 12

Local Govt Act 2002. Sect 170 - Before you can search.

Answer 12

Before exercising the power of search under section 169(2)(a) in relation to a container or a vehicle, a constable must—
(a)
inform the person in possession of the container or the vehicle, as the case may be, that he or she has the opportunity of removing the container or the vehicle from the public place; and
(b)
provide the person with a reasonable opportunity to remove the container or the vehicle, as the case may be, from the public place.

Question 13

What is the definition of ‘RIOT’?

Answer 13

‘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 14

Who is authorised to close a premise?

Answer 14

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 15

What are the factors when deciding to close a liquor licensed premises?

What factors should be taken into account with the duration of the closure?

Answer 15

Answer:
Weight of evidence
Previous Police interactions
Likelihood of escalating violence
Duration of closure

Answer:
- When ORDER is likely to be restored
- CLOSURE sufficient to address public nuisance concerns
- The IMPACT on the licensee.

Question 16

If there is a closure of licensed premises,

What can a licensee do if their premise is closed?

Section 266 - Sale and Supply of Alcohol Act 2012

Answer 16

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 17

How long can a constable order the closure of a licensed premise?

Answer 17

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 18

S266 - When can police close a licensed premise.
What are the 5 drivers?

Answer 18

Fighting or serious disorder
Offences committed - penalty 5 yrs+
Riot
Threat to public safety
Public nuisance

Question 19

Exception to the rules around searching a vehicle etc without giving the warning, pursuant to Sale and Supply of Alcohol Act 2012

Answer 19

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

Question 20

What is an AION?

What are the 3 types of AION issued?

What must you prove to issue an AION?

What is the penalty for an AION?

Answer 20

Answer:
An alcohol infringement offense notice.

Answer:
There are three with the prep codes
W655, consuming
W656, brought into
W657, possessed

Answer:
You must prove the identity of the offender and that they breached a bylaw for alcohol control purposes (an alcohol ban) by:
- Consuming alcohol
- Bringing alcohol
- Possessing alcohol
In a public place (or in a vehicle in a public place) specified in the bylaw

Answer:
$250

Question 21

If a man had just left a pub with an opened bottle of beer and unopened bottle of wine, and is walking through the banned zone to give the wine to his partner at his house, What is the offence?

Answer 21

Is it an offence to have an open bottle of beer in a liquor ban area.

No offence for the the wine because it is unopened but it is an offence for the bottle of beer