LGCCA

Question 1

an enforcement officer who witnesses a person apparently committing an offence may:

(definitions under the POA and MBEA)

Answer 1

arrest the person without a warrant, but only if detaining the person is necessary to:

a) establish the identity
b) secure or preserve evidence relating to the offence
c) prevent the continuation of the offence or the repetition of another offence

Question 2

Beer:

Answer 2

(fermentation limits 13-14 %)

means any beverage produced by the alcoholic fermentation of an infusion or decoction of barley, malt, hops or other similar products in water

Question 3

Liquor:

Answer 3

means beer, wine, spirits and any other product intended for human consumption that contains more than 1% alcohol by volume.

Question 4

Spirits:

Answer 4

means any beverage containing alcohol obtained by distillation.

Question 5

Gang:

Answer 5

A group of persons who engage in a pattern of unlawful behaviour

Question 6

“associates of a gang”

Answer 6

means a person who facilitates or participates in the unlawful behaviour of a gang

Question 7

Emergency closure :

Answer 7

An inspector may order that licensed premises be closed immediately and not reopen for a period not longer than 12 hours if he or she determines that there is an immediate threat to the safety of patrons for any reason, including overcrowding, widespread intoxication or the potential for violence in the premises or in the immediate vicinity of the premises.

Question 8

public place:

Answer 8

means a place, building, road or area to which the public has access.

Question 9

section 30(1) NO MINORS IN AGE RESTRICTED AREAS:

Answer 9

A minor must not enter or remain in age-restricted licensed premises

except as permitted by regulation

Question 10

Authorized places for consumption:

Answer 10

a) a residence;
(b) premises in respect of which a licence or permit has been issued; or
(c) a private place as defined in the regulations.

Question 11

a person must not engage in _______________ in licensed premises or in the immediate vicinity of licensed premises

Answer 11

disorderly conduct

Question 12

when can we request someone to leave a licensed premises?

Answer 12

29(1) A licensee may request a person to leave the licensed premises or request a person to stop trying to enter the licensed premises if the person

(a) is intoxicated;
(b) is prohibited from entering the licensed premises; or
(c) has engaged in any unlawful activity or disorderly conduct in the licensed premises or in the immediate vicinity of the licensed premises.

Question 13

what are you not allowed to have in a licensed premises?

Answer 13

31(1) A person must not possess a knife, firearm or other weapon in licensed premises without lawful excuse. The burden of proving a lawful excuse rests with the person in possession of the item in question

Question 14

remouving persons who create a risk to violence:

Answer 14

32(1) A member of a police service may direct a person to leave licensed or permitted premises or the area in the immediate vicinity of those premises if the member has reasonable grounds to believe that the presence of the person creates a risk of violence in or around the premises.

Question 15

no consumption of open liquor in public place sec 57(1)

Answer 15

57(1) Except as permitted under this Act, a person must not, in a public place, consume liquor or possess liquor that

(a) is in a bottle, can or container that has been opened or unsealed after it was purchased; or
(b) is no longer in the bottle, can or container in which it was originally contained

Question 16

transporting liquor in motor vehicles section 60 (1) (2)

Answer 16

60(1) A person must not drive or have the care and control of a motor vehicle, whether or not the motor vehicle is in motion, if there is liquor in the motor vehicle, unless the motor vehicle is the subject of a licence or permit.

Exceptions

60(2) Subsection (1) does not apply

(a) if the liquor is in a bottle, can or container that has not been opened or unsealed;
(b) if the liquor is stored in the trunk, an exterior compartment on the vehicle or another space designed for the carriage of goods or baggage that is not readily accessible to any person in the motor vehicle;
(c) in the case of a motor vehicle that is a station wagon, van or hatchback style of vehicle, if the liquor is stored behind the rear of the last seat in the vehicle, whether or not that seat is in an upright position; or
(d) in the case of a motor vehicle that is a motor home, if
(i) it is being used as a residence, or
(ii) the liquor is stored in a cabinet or other storage compartment away from the driver’s area while the motor home is not being used as a residence.

Question 17

do we seize liquor?

Answer 17

nooooo

Question 18

how do we articulate the smell of booze?

Answer 18

smelled like liquor or beverage alcohol

Question 19

what event type do we use when issueing a POA?

Answer 19

shall generate an incident number using the applicable event type of liquor