CH 3 - 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?

Clue: to individuals and community………. starts with Damage (8 things)

A
  • Damage
  • Death
  • Disease
  • Disorder
  • Illness
  • Injury or
  • Crime
  • 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, a person commits an offence if in the course of carrying out their business they (6 points)

  • Enc Exc Dr on L/Prem
  • Dis 25% norm
  • On L/Prem Prom/Adv disc 25% seen/Heard O……
  • Adv fr Alc unless - samp/off Lic or On/Li not seen or H
  • Prz for b Alc (only on L/Prem)
  • Prom/Ads that App to Min
A
  • Encourages excessive drinking on licensed premises or any other place
  • Promotes Discounts that appear to be 25% below normal price
  • excludes on-licence premises/catalogue OR
  • Holds or has ON licence, a promotion or advertisement of discounts on alcohol that leads people to believe that:
  • Alcohol 25% below normal price can be heard/seen outside
  • Promotes/adverts alcohol that is free of charge -unless
  • sampling-off licence or
  • on-licence premises if not seen/heard outside
  • offence if-win prize from buying alcohol (only on-licence) promos/advert that appeals to minors (excl Loyalty programmes unless primarily alcohol)
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4
Q

What is the penalty for an offence against 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 (4)

Clue: Riot / who / how long

A
  • Riot occurs or
  • Reasonable grounds to believe may occur
  • District Crt Judge/Community Magistrate/2 JP
  • Request any Constable to 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 premises under s.266 SSoAA2012? Closure of premises by Police (7 points)

Who has to authorise closure?

A
  • Riot occurs or :-
  • RG riot may occur
  • fighting/serious disorder or
  • RG above may occur
  • significant threat to public health & safety
  • subtantial public nuisance
  • RG offences on premises (>5yrs)
  • Substantive Sgt or above
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8
Q

What powers do police have to CLOSE premises under s.266 SSoAA2012?:

Closure of premises by Police

Clue: What can the police do at the time of closure? (4)

Clue: Remember time

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
  • $3000 Any person who sells
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11
Q

s.267 SSoAA2012 Powers of Entry on Licensed Premises

What can a Constable/Inspector do under this section? (5)

Fine?

A
  • Enter and inspect premises
  • any resonable time
  • assertain compliance with act (or)
  • enter and inspect premises any time of
  • 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)

What is the fine?

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 require/do under this section? (5 points)

Fine ?

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
  • Fine $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

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
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16
Q

Before ordering the closure of a Licensed Premises:

what factors must Police take into account? (4 points)

Clue: WE, Pr, Esc, Dur

A
  • Weight of evidence
  • previous dealings
  • escalating violence
  • duration of closure (TENR)
17
Q

When deciding on the closure duration of License Premises:

what must Police consider? (3 points)

Clue: When/O , S/address, impact

A
  • When order is likely to be restored
  • sufficient to address public nuisance
  • impact on the licensee