Alcohol Licence, and related behaviour offences Flashcards
Restricted Area
An area that Minor must not be admitted, within a licenced premises.
Supervised Area
An area that Minor can be, IF
ACCOMPANIED by a parent or legal guardian.
Intoxication
CABS
Co-Ordination affected
Appearance affected
Behaviour impaired
Speech imparied
On Licence
Licence Holder may:
Sell
Supply
Allow consumption of,
ON,
The premises, or areas described in the licence
Standard National Hours of Trading
On Licence
8am to 4am the next day.
Off Licence
7am to 11pm.
By Laws and Local law can alter these hours.
Off Licence
Licence Holder may:
Sell
Deliver
Arrange Delivery of,
Alcohol, for consumption off premises.
Club Licence
Licence Holder may:
Sell
Supply
Alcohol for consumption on premises, to any
Member of the club,
Any Guest of a memeber
member of reciprocal club
Minor Drinking in a Public Place
Every person under 18yrs of Age \+ Who consumes \+ Any Alcohol \+ In any Public Place \+ While NOT accompanied by a parent, or legal guardian
Minor in Possession of Alcohol for Consumption
Every person under 18yrs of Age \+ Who carries for consumption \+ Any Alcohol \+ In any Public Place \+ While not accompanied by their parent or legal guardian
[Without intent to consume in public, carrying alcohol is not necessarily an offence]
Alcohol on Public Transport
Any Person, \+ Who Drinks Supplies Offers to supply Has possession for consumption within transport \+ Any Alcohol \+ In or on a form of Public Transport
Alcohol Consumption Offence Powers
Power to Seize alcohol and its container, if an offence is committed.
The alcohol will become an exhibit if the person is charge, or returned if not.
Intoxicated person found in Public Place, or Trespassing
Any Constable may:
Section 36 policing act
Take an intoxicated person \+ If found in a public place, or trespassing \+ IF the person is: Incapable of protecting themselves, May harm others, or damage property \+ To their home if safe/practicle, or a temporary shelter, or a police station MAX 12hrs,
Temporary Shelter
A place capable of providing for the care and protection of an intoxicated person
Intoxicant
Any intoxicating substance, Drugs, Alcohol, Fumes, Chemicals
Taking Custody of an Intoxicated person
Must advise them of their Bill of Rights,
+
The person may also be search by authority of Search and Surveillance 2012 S85 Rubdown, ensure safety and deny escape, along with s11 custody search if 12hr holding in cells occurs.
[They are being detained to ensure their safety, which means they need to be advised of their rights.]
Power to Enter Licenced Premesis
Section:
Section: 267
Any Constable, Or Inspector
At any REASONABLE TIME,
May Enter, and/or inspect
To ENSURE Licencee is COMPLYING with Licence and Act.
If RG2B an OFFENCE is being committed against the Act WITHIN/ON those premises, A Constable or Inspector may ENTER at ANY TIME
Any person who delays, refuses, or stops entry without reasonable excuse,
Commits an Offence of Obstrutction
Power to Demand Information: Alcohol Licence Premises
Section:
Section: 269
RG2S Any Person has:
Committed, Is Committing Is Attempting to Commit, \+ Any Offence Against Sale and Supply Act \+ May Require Name Address DoB \+ If RG2B false info, require evidence of details \+ If Fails, or Refuses to provide details, or evidence of details. Caution, then arrest if no change in behaviour Section 269(3)
Minor found in Restricted Area
An Offence is committed by
Any Person under 18yrs
If found in a
Restricted Area
On licenced Premises
[The Licencee of the premises,
The Manager and
the Minor can be fined to differing monetary values for this offence]
Minor found in Supervised Area
An Offence is Committed by
Any Person Under 18yrs
If found in a
Supervised Area, and, NOT ACCOMPANIED by, Parent, or Legal Guardian
On Licenced Premises
Minors and Lawful presence in Restricted and Supervised areas
A minor is allowed in a RESTRICTED AREA if employed for the purpose of: Maintenance Stocktaking, Cash handling prep and serve meals
They are not allowed to serve, or sell alcohol in a restricted area
A minor is allowed in a SUPERVISED AREA if employed for the purpose of: Maintenance Stocktaking Cash Handling Prep and Serve Meals Sell and Supply Alcohol
Minor Purchasing Alcohol
Any person,
Under 18yrs
Who purchases
Any Alcohol from a licenced premises
Types of Documents for Evidence of Age
Passport (New Zealand AND Overseas)
Driver Licence (NZLTA,98)
NZ 18+ CARD
Offences by Licencee, or Manager
After Hours Sale (Unauthorised sale)
Sell/Supply to a Minor
Sell/Supply to intoxicated person
Allows intoxication of a person
Allows intoxicated person to remain, or makes no reasonable attempt to remove
Allows violent, argumentative, or disorderly conduct, or makes no attempt to remove
Allows persons on premises outside of licencing hours, 30mins, or more after requirement to close
Power to Enter Section:
Any Time,
AND,
Any Reasonable Time
Section 267
Power to Demand:
Section 269
Power to Arrest:
Section 269(3)
Closure Of Licenced Premises
Section 266:
Five Conditions for Closure:
Rioutous Behaviour, or Riot may occur
Fighting, or Serious Disorder, or may occur
Significant Public, or Safety Threat
Conduct of Persons on Premises is Substantial Public Nuisance
RG2B +5yr offence, or risk of further offences
Power to Close for 24hrs MAX after the day of closure.
Holding at Police station as last choice for Detoxification
As a last choice for a person in need of care and detox, holding in police station:
12 hours maximum holding, BoR caution as they are detained, S&S 2012; S85 and S11 searches.
AND,
If not Detoxed after 12hrs, Doctors examination to extend another 12hrs, or approve release from cells.
