Alcohol Flashcards
What is liquor defined as in the Liquor Act?
s.4 LA 2007 - Liquor
A beverage which, at 20C, contains more than 1.15% ETHANOL by volume
For the purposes of sale, is held out to be beer or spirits
Any other substance prescribed by the regulations as liquor
What is s.11 of the summary offences act?
Possession of liquor by minors
What are the elements?
Person under the age of 18 years
Did possess or consume liquor
In a public place
Not under the supervision of a responsible adult, or with
No reasonable excuse
What section covers ‘Possession of liquor by minors’?
s 11 - Summary Offences Act
What does Summary Offences Act 11(5A) allow a PO to ask the minor for?
to state his or her full name and residential address, and
to produce then, or at a police station documentary evidence proving that the person is at least 18 years of age.
Clause 4 of the Summary Offences Regulations relates to seizure of liquor
A PO must give reasons for this seizure
What must the PO tell the person that he/she suspects:
is under the age of 18 years, and
is not under the supervision of a responsible adult, and
does not have a reasonable excuse for possessing the liquor.
Clause 5 of the Summary Offences Regulations relates to disposal of seized liquor.
What are the conditions to dispose of liquor?
Do they have any conditions to NOT dispose of the liquor?
Seized liquor may be disposed of when seized if:
at the time of seizure it is in a container which is unsealed or from which part of the contents have been removed, or
it is, or is likely soon to become, unfit for human consumption.
Seized liquor must not be disposed if the quantity or value of the liquor makes disposal unreasonable or undesirable
Disposal must be by a method that ensures that the liquor does not remain or become available for consumption by any person.
What section is the detention of intoxicated persons?
What manner of behaviour must the intoxicated person be in to be detained?
What type of protection do they need?
s.206 LEPRA - Detention of intoxicated persons
Behaving in a disorderly manner or a manner likely to cause injury to the person or another person or damage to property; or
In need of physical protection because the person is intoxicated.
Definition of intoxicated under LEPRA
means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.
What is the section that allows a PO to search a detained intoxicated person
s.208 LEPRA - Search of intoxicated persons
A police officer or other detention officer by whom an intoxicated person is detained under this Part may search the intoxicated person and may take possession of any personal belongings found in the person’s possession.
What type of Liquor Licences are there?
s.10 LA 2007 - Licensed Premises
Hotel licence: allows the sale of alcohol for consumption on and away from the premises
Club licence: allows the sale of alcohol to a member (or guest of a member) for consumption on and away from the premises
Small bar licence: (‘hole in the wall bars’) allows the sale of alcohol for consumption on premises only
On-premises licence (primary business is not the sale of alcohol): allows the sale of alcohol for consumption on premises only
Packaged liquor licence (bottle shops): allows the sale of alcohol for consumption away from the premises only
Producer/wholesaler licence (vineyards/distilleries): whose main business is the wholesale (or retail) supply of alcohol – including tastings
Limited licence (one-off functions, that is, trade fairs, etc): allows for the sale of alcohol for consumption on premises only.
What is our power to enter licenced premises?
s.24 Gaming and Liquor Administration 2007 - Power to enter premises
An inspector or police officer may enter any premises at any time for the purposes referred to in section 18.
Entry may be effected under this Act by an inspector with the aid of such other inspectors or police officers and with the use of reasonable force
What is our purpose of entry section?
What can we do?
s.18 Gaming and Liquor Administration Act – Purpose of entry
Powers may be exercised under this Part for the following purposes—
for determining whether there has been compliance with or a contravention of the gaming and liquor legislation,
for obtaining information or records for purposes connected with the administration of the gaming and liquor legislation,
in connection with exercising the functions of an inspector under the gaming and liquor legislation,
generally for administering the gaming and liquor legislation and promoting its objects.
What is our power to inspect and seize under the Gaming and Liquor Administration 2007?
s.26 GLA 2007 - Powers to inspect and seize things
examine and inspect any part of the premises or any article or thing on the premises,
make such examinations and inquiries as the inspector or officer considers necessary,
require records to be produced for inspection,
examine and inspect any records,
copy any records,
seize anything that the inspector or officer has reasonable grounds for believing is connected with an offence under the gaming and liquor legislation,
do any other thing the inspector or officer is empowered to do under this Part.
What section is our power to require answers?
s.30 GLA 2007 - Powers of inspectors and police officers to require answers
PO may require a person who they suspect on
reasonable grounds to have knowledge of premises matters to answer questions
Can be in writing requiring the business to nominate someone represent and answer questions
What is our power to demand a persons name and address
s.31 GLA 2007 - Powers of inspectors and police officers to demand name and address
An inspector or police officer may require a person whom the inspector or police officer suspects on reasonable grounds to have offended or to be offending against the gaming and liquor legislation to state his or her full name and residential address.
An inspector or police officer may request a person who is required under this section to state his or her full name and residential address to provide proof of the name and address. It is not an offence under section 34 to fail to comply with any such request.
What is s.77(2) Liquor Act?
s.77 (2) LA 2007 - Non-voluntary exclusion of persons from licensed premises
An authorised person may refuse to admit to, or may turn out of, licensed premises any person:
who is at the time intoxicated, violent, quarrelsome or disorderly, or
whose presence on the licensed premises renders the licensee liable to a penalty under this Act, or
who smokes, within the meaning of the Smoke-free Environment Act 2000 (NSW), while on any part of the licensed premises that is a smoke-free area within the meaning of that Act, or
who uses, or has in his or her possession, while on the premises any substance that the authorised person suspects of being a prohibited plant or a prohibited drug, or
whom the authorised person, under the conditions of the licence or according to a term (of the kind referred to in Section 134 or 136D) of a liquor accord, is authorised or required to refuse access to the licensed premises.
Define intoxicated under the Liquor Act
s.5 Liquor Act 2007 - Definition of intoxicated
the person’s speech, balance, co-ordination or behaviour is noticeably affected, and
Reasonable to believe that the affected speech, balance, co-ordination or behaviour is
The result of liquor consumption only
Define disorderly
“…any substantial breach of decorum which tends to disturb the peace or to interfere with the comfort of other people who may be in, or in the vicinity of, a street or public place.”
What section is the Prevention of Excessive Alcohol Consumption?
s.73 Liquor Act 2007 - Prevention of excessive consumption of alcohol on licensed premises
A licensee must not permit:
intoxication, or
any indecent, violent or quarrelsome conduct, on the licensed premises.
Maximum penalty: 100 penalty units.
A licensee or an employee or agent of a licensee must not, on the licensed premises, sell or supply liquor to an intoxicated person.
Maximum penalty: 100 penalty units
