Introduction & Licences

Question 1

What are the 3 main statutory roles and responsibilities under the Sale and Supply of Alcohol Act 2012?

Answer 1

1) Vetting applications for liquor licences and manager’s certificates.
2) Enforcing compliance with the managerial provisions of the Act.
3) Enforcing the offence provisions of the Act, where alcohol is being sold, supplied, or consumed in breach of the Act.

Question 2

What are the consequences of a liquor outlet known to have committed offences against the Act?

Answer 2

1) Oppose the renewal of the licensee’s licence.
2) Initiate breach-of-licence proceedings before the Alcohol Regulatory Licensing Authority (ARLA).
3) Initiate a criminal prosecution in the District Court.
4) Give a formal warning.

Question 3

What are the 4 licences available under the Sale and Supply of Alcohol Act 2012?

Answer 3

1) on-licence.
2) off-licence.
3) club licence.
4) special licence.

Question 4

Define the following term; Licensed premises?

Answer 4

Any premises for which a licence is held.

Question 5

Define the following term; Bar?

Answer 5

Part of a hotel or tavern used principally or exclusively for the sale or consumption of alcohol.

Question 6

Define the following term; Restricted area?

Answer 6

An area which minors must not be admitted.

Question 7

Define the following term; Supervised area?

Answer 7

An area which minors must not be admitted unless accompanied by a parent or guardian.

Question 8

Define the following term; Alcohol?

Answer 8

A substance that contains a fermented, distilled, or spirituous liquor and at 20*C contains 1.15% or more ethanol by volume.

Question 9

Define the following term; Intoxication?

Answer 9

Observably affected by alcohol, other drugs or other substances, or a combination of to such a degree that 2 or more of the following are evident;

1) appearance is affected.
2) behaviour is impaired.
3) co-ordination is impaired.
4) speech is impaired.

Question 10

What does an on-licence authorise the holder to do?

Answer 10

1) sell
2) supply
3) allow consumption of
Alcohol on the premises or conveyance described in the licence.

Question 11

What is an example of a business with an on-licence?

Answer 11

The inter-island ferry can (and does) have an on-licence.

Question 12

What does an off-licence authorise the holder to do?

Answer 12

1) sell
2) deliver
3) arrange for delivery of
Alcohol for consumption off the premises described in the licence.

Question 13

What is an example of a business with an off-licence?

Answer 13

It applies to outlets such as bottle stores and supermarkets.

A hotel, bar, or club will need an off-licence if it wishes to sell liquor to take away.

An off-licence also authorises holders to offer complimentary samples of alcohol on the premises to which the licence relates. (Promotional tastings)

Question 14

Why does a club licence authorise the holder to do?

Answer 14

1) sell
2) supply
Alcohol for the consumption on the premises described in the licence to any:

1) member of the club
2) guest accompanied by a member
3) member of another club with reciprocal visiting rights

Question 15

What are the default national maximum trading hours?

Answer 15

On-licence or Club
The hours between 8am on any day and 4am on the next day.

Off-licence
The hours between 7am and 11pm on any day.

Question 16

What are the restrictions imposed on the Sale and Supply of Alcohol Act 2012 under sections 47 & 48?

Answer 16

The imposed restrictions relate to the sale and supply of alcohol on;
Anzac Day morning,
Good Friday,
Easter Sunday,
and Christmas Day.

Question 17

What are the 2 types of Special Licence?

Answer 17

1) on site (i) sell (ii) supply
alcohol for consumption on the premises to any person attending any occasion(s) or event(s) described in the licence.

2) off site (i) sell
alcohol for consumption elsewhere to any person attending any occasion(s) or event(s) described in the licence.

Question 18

When must a licence be displayed?

Answer 18

A licence must be displayed at all times.

Question 19

Where must a licence be displayed?

Answer 19

A licence must be attached to the interior of the premises or conveyance so it can be easily by people entering through each principal entrance.

Question 20

What does the licence outline?

Answer 20

The licence outlines the maximum hours of trade and any conditions attached.

Question 21

What is required with regards to the display of the manager’s identity?

Answer 21

At all times while any manager is on duty their name must be prominently displayed inside the premises.