Alcohol Flashcards
What is the object of the Sale & Supply of Alcohol Act 2012?
- sale/supply/consumption undertaken safely & responsibly
- harm from excessive drinking minimised
What does ‘harm’ include in relation to the SS0AA2012?
(7 things)
- crime
- damage
- death
- disease
- disorder
- illness
- injury
or harm to society or community generally from above
(Directly or indirectly)
What are the main points of s.237 SSoAA2012?
- Irresponsible promotion of alcohol*
- (6 points)*
- 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)
What is the penalty for an offence agains s.237 SSoAA2012: Irresponsible Promotion of alcohol?
(3 points)
- $10000 to licencee
- 7-day licence suspenssion for licencee
- $10000 to any other person
What are the main points of s.265 SSoAA2012?
- Closure of premises by order*
- (6 points)*
- 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
What is the penalty for an offence against s.265 SSoAA2012: Closure of Premises by order?
(4 points)
- $10000 to Licencee
- 7-day licence suspenssion for licencee
- $10000 to Manager
Any person who sells:
- $3000
What are the circumstances police can close a premises under s.266 SSoAA2012?
- Closure of premises by Police*
- (5 points)*
- 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)
What are the powers do police have to close a premises under s.266 SSoAA2012?: Closure of premises by Police (5)
- order closure
- licence premises or parts
- specified time (24hrs)
- persons to leave premises
- May use force
What can a licencee manager do if his premises has been closed by police under s.266 SSoA2012
(4 points)
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
What is the penalty for an offence against s.266 SSoAA2012: Closure of Premises by Police?
(4 points)
- $10000 to Licencee
- 7-day licence suspenssion for licencee
- $10000 to Manager
Any person who sells:
- $3000
s.267 SSoAA2012
Powers of Entry on Licensed Premises
What can a Constable/Inspector do under this section?
(3 points/3points)
- 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)
s.267 SSoAA2012
Powers of Entry on Licensed Premises
What can a Constable/Inspector require once entered?
(2 points)
- produce licence/documentation (required by Act)
- licensee/manager to provide information & assitance (as per duties of manager)
- $2000 fine
s.269 SSoAA2012
Powers of Police to demand information
What can a Constable/Inspector do under this section?
(8 points)
- 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
In sections 86 & 87 of the Crimes Act 1961, what constitutes a riot?
(4 points)
- 6+ persons
- acting together
- violence against persons/property
- alarming persons in neighbourhood
What should a Constable do if they wish to close a license premises and before they order its closure?
(1 point)
Inform substantive sergeant or above for authority
(Officer must be satisfied circumstances exist to order closure)
Before ordering the closure of a License Premises, what must be considered?
(3 points)
- can be resolved by other means
- risk of closure (disgruntled patrons etc)
- impact on licensee
Before ordering the closure of a License Premises, what must Police take into account?
(4 points)
- weight of evidence
- previous dealings
- escalating violence
- duration of closure
(TENR)
When deciding on closure duration of a License Premises, what must Police consider?
(3 points)
- when order is likely to be retored
- sufficient to address public nuisance
- impact on licensee
