Alcohol

Question 1

What is the object of the Sale and Supply of Alcohol Act 2012

Answer 1

(a) the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and

(b) the harm caused by the excessive or inappropriate consumption of alcohol should be minimised.

Question 2

Sale and Supply of Alcohol Act 2012 Section 266 – why would Police close licensed premises?

Answer 2

if a riot/fighting/serious disorder or is any of the above is about to break out on any licensed premises; or

if there is a significant threat to public health or safety/public nuisance; or
RGs for believing offences have been committed and there is a significant risk of further offences being committed if the premises remain open

A constable may order the closure of any licensed premises or any part of any licensed premises
until a time stated in the order, which time must not be later than 24 hours from the end of the day on which the order was made,
or order any person to leave the premises or that specified part of them.

Question 3

Can a constable use any force that may be necessary for the purpose of closing the licensed premises or any part of the licensed premises.

Answer 3

Yes

Question 4

What happens if a licensee or Manager keeps the premises open or the specified part of them open?

Answer 4

A licensee or a manager commits an offence.

a fine of not more than $10,000:
(ii) the suspension of the licensee’s licence for a period of not more than 7 days

Question 5

Can a constable order the closure of any licensed premises or any specified part of any licensed premises for the sale of alcohol?

Answer 5

Yes.
Until a time stated in the order (not be later than 24 hours from the end of the day on which the order was made).

Question 6

Can a Constable order any person to leave a premises (sale of alcohol) or part of a premises?

Answer 6

Yes

Question 7

Section 267 – Powers of entry on licensed premises

Answer 7

A const or an inspector may
at any reasonable time
enter & inspect any licensed premises,
or any part of any licensed premises,
to ascertain whether the licensee is complying with the provisions of this Act & conditions of the licence.

Question 8

If a Constable or an inspector has reasonable ground to believe that any offence against the Alcohol Act Section 267 is being committed on licensed premises, when can they enter and inspect?

Answer 8

At any time

Question 9

For the purposes of exercising the power under the Alcohol Act Section 267, a constable or an inspector may—

Answer 9

• require the production of any
  licence
  book
  notice
  record
  list
  or other document
  and examine & make copies of it; and

(b) require the licensee or manager to provide any info or assistance relating to any matter

Question 10

If a licensee or Manager delays or refuses/fails to admit entry to any Constable or Inspector, produce a licence or documentation, or provide assistance, what are the consequences?

Answer 10

A person commits an offence and is liable on conviction to a fine of not more than $2,000

Question 11

Section 269 – Power of Police to demand information

Answer 11

A constable who has RC to S that any person
has / or is committing / or attempting to commit
any offence against this Act may require the person to provide
name
address
DOB

Question 12

If a constable believes on RGs that any particulars provided under section 269 (power to demand information) under the Alcohol Act are false, what may they do??

Answer 12

Require the person concerned to provide satisfactory evidence of the particulars.

Question 13

If any person, without reasonable excuse, refuses or fails to provide any particulars or evidence when required to do so by a constable under Section 269 (power to demand information) of the Alcohol Act,
what option does the Constable have?

Answer 13

If the person persists in refusing or failing,
after being cautioned by the constable,
they may be arrested, without warrant

Question 14

A Const may w/out warrant for the purpose of ascertaining whether alcohol is present search?

Answer 14

A container in the possession of a person who is in, or who is entering a restricted place
Or
A mv that is in/entering a restricted place

Seize & remove any alcohol

Arrest any person committing an offence,
Failing to leave a restricted place or surrender any alcohol

Question 15

What does restricted place mean in regards to section 169 of the Alcohol Act

Answer 15

A public place

Question 16

What happens to any alcohol seized?

Answer 16

It is forfeited to the Crown if the person pays the infringement fee

Question 17

Before a constable can exercise the power of search under section 170 Alcohol Act, they must inform the person?

Answer 17

Of the Authority
Specify the public place & when the power may be exercised
Indicate the affixed notice

Question 18

What is the purpose of an alcohol ban area

Answer 18

To encourage a safe & welcoming environment in a public place

Question 19

How much is an alcohol ban offence fine

Answer 19

$250

Police exercise discretion which includes warnings, issuing a Alcohol Infringement Notice, or arrest

Question 20

What is the aim of enforcement principle?

Answer 20

Enforcement will be directed to preventing alcohol related harm & antisocial behavior caused by the consumption of alcohol in public places

Question 21

What is the definition of public place?

Answer 21

Means a place that is open to or is being used by the public

Question 22

Breach of alcohol ban (section 147 Local Government Act 2002)
What must you prove?

Answer 22

They are…
Consuming alcohol
Bringing alcohol
Possessing alcohol
In a public place

Question 23

If someone is transporting unopened alcohol in an alcohol ban area, are they Breaching the alcohol ban?

Answer 23

No

Question 24

Can Police seize or remove alcohol in a alcohol ban area?

Answer 24

Yes
It should be forfeited by the offender & immediately destroyed by them (notebook & endorse by offender)

Question 25

Arrest, search & seizure of alcohol in a alcohol ban area, before yoi search a container/mv you must?

Answer 25

Inform the person they have the opportunity of removing the alcohol/mv from the public place

Provide them with a reasonable opportunity to remove the alcohol/mv from public place

Question 26

Exceptions to arrest, search & seizure relating to the alcohol ban

Answer 26

On special events police may immediately search a container or mv

Question 27

What is the power of Arrest under the Local Government Act in relation to Alcohol bans?

Answer 27

Section 169
Power of arrest should only be used where a firm hand is required (disorder, violence, public complaints, intoxication)

Question 28

When should offenders be released after being arrested under section 169 (intoxication)

Answer 28

As soon as they are well enough to look after themselves and be safe

Question 29

Section 269 Sale and supply of alcohol -
If you have reasonable cause to suspect, committing/attempting to commit an offence you may require details.
What happens if the details given are false?

Answer 29

You can arrest the person