Alcohol Flashcards

1
Q

What is the object of the Sale & Supply of Alcohol Act 2012?

A
  • sale/supply/consumption undertaken safely & responsibly
  • harm from excessive drinking minimised
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2
Q

What does ‘harm’ include in relation to the SS0AA2012?

(7 things)

A
  • crime
  • damage
  • death
  • disease
  • disorder
  • illness
  • injury

or harm to society or community generally from above

(Directly or indirectly)

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3
Q

What are the main points of s.237 SSoAA2012?

  • Irresponsible promotion of alcohol*
  • (6 points)*
A
  • engourages excessive drinking
  • discounts below 25%
    • excls on-licence/catalogue
    • excls on-licence if cant be heard/seen outside
  • Promos/adverts free alcohol
    • excls sampling-off licence or
    • excls on-licence if can be seen/heard outside
  • win prize from buying alcohol (only on-licence)
  • promos/advert that appeal to minors

(excl Loyalty programmes unless primarily alcohol)

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4
Q

What is the penalty for an offence agains s.237 SSoAA2012: Irresponsible Promotion of alcohol?

(3 points)

A
  • $10000 to licencee
  • 7-day licence suspenssion for licencee
  • $10000 to any other person
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5
Q

What are the main points of s.265 SSoAA2012?

  • Closure of premises by order*
  • (6 points)*
A
  • riot occurs or RG4B may occur
  • District Crt Judge/Community Magistrate/2 Justices
  • request from Constable
  • order all licensee’s in/within specified distance of place
  • to close for specified time (24hrs from end of day of order)
  • may use force
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6
Q

What is the penalty for an offence against s.265 SSoAA2012: Closure of Premises by order?

(4 points)

A
  • $10000 to Licencee
  • 7-day licence suspenssion for licencee
  • $10000 to Manager

Any person who sells:

  • $3000
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7
Q

What are the circumstances police can close a premises under s.266 SSoAA2012?

  • Closure of premises by Police*
  • (5 points)*
A
  • riot occurs or RG may occur
  • fighting/serious disorder or RG may occur
  • significant threat to public health & safety
  • subtantial public nuisance
  • RG offences on premises (>5yrs)
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8
Q

What are the powers do police have to close a premises under s.266 SSoAA2012?: Closure of premises by Police (5)

A
  • order closure
  • licence premises or parts
  • specified time (24hrs)
  • persons to leave premises
  • May use force
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9
Q

What can a licencee manager do if his premises has been closed by police under s.266 SSoA2012

(4 points)

A

may immediately apply to:

  • District Crt Judge/2+Justices/Community Magistrate
  • for revocation of order

District Crt Judge/2+Justices/Community Magistrate may:-

  • revoke all or subject to conditions
  • refuse to revoke
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10
Q

What is the penalty for an offence against s.266 SSoAA2012: Closure of Premises by Police?

(4 points)

A
  • $10000 to Licencee
  • 7-day licence suspenssion for licencee
  • $10000 to Manager

Any person who sells:

  • $3000
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11
Q

s.267 SSoAA2012

Powers of Entry on Licensed Premises

What can a Constable/Inspector do under this section?

(3 points/3points)

A
  • enter and inspect premises
  • any resonable time
  • assertain compliance with act

(or)

  • enter and inspect premises
  • any time
  • RG offence against Act is being commited

($2000 fine if refuse/delay entry)

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12
Q

s.267 SSoAA2012

Powers of Entry on Licensed Premises

What can a Constable/Inspector require once entered?

(2 points)

A
  • produce licence/documentation (required by Act)
  • licensee/manager to provide information & assitance (as per duties of manager)
  • $2000 fine
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13
Q

s.269 SSoAA2012

Powers of Police to demand information

What can a Constable/Inspector do under this section?

(8 points)

A
  • Constable RGtS
  • Offence committed against Act
  • Require Name, address and DOB
  • if RGtS false details
  • require evidence
  • if refuses after caution
  • arrest without warrant
  • $2000
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14
Q

In sections 86 & 87 of the Crimes Act 1961, what constitutes a riot?

(4 points)

A
  • 6+ persons
  • acting together
  • violence against persons/property
  • alarming persons in neighbourhood
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15
Q

What should a Constable do if they wish to close a license premises and before they order its closure?

(1 point)

A

Inform substantive sergeant or above for authority

(Officer must be satisfied circumstances exist to order closure)

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16
Q

Before ordering the closure of a License Premises, what must be considered?

(3 points)

A
  • can be resolved by other means
  • risk of closure (disgruntled patrons etc)
  • impact on licensee
17
Q

Before ordering the closure of a License Premises, what must Police take into account?

(4 points)

A
  • weight of evidence
  • previous dealings
  • escalating violence
  • duration of closure

(TENR)

18
Q

When deciding on closure duration of a License Premises, what must Police consider?

(3 points)

A
  • when order is likely to be retored
  • sufficient to address public nuisance
  • impact on licensee