Licences Flashcards
List and define the four kinds of licences?
-
On-licence:
- Sell, supply and allow consumption of
- alcohol on the premises
-
Off-Licence
- Sell, deliver and arrange for delivery of
- alcohol for consumption off the premises
-
Club licence
- Sell, supply alcohol for consumption on the premises to any
- club member, members guest, member of another club with reciprocal visiting rights.
- _Special licence (t_here are two kinds)
- On site:
- Sell, supply alcohol for consumption on the premises to any
- person attending occasion or event described in licence.
- Off site:
- Sell alcohol for consumption elsewhere to any
- person attending occasion or event desribed in licence.
- On site:
Define alcohol
A substance that has 1.15% or more ethanol and can be assimilated by people.
Define supervised area in regards to minors and the exceptions to them being there
An area to which minors must not be admitted unless accompanied by a parent or guardian.
Exceptions:
- cleaning, repairing, restocking etc
- removing, replacing equipment
- stocktaking
- checking or removing cash
- preparing or serving any meal
- selling or supplying alcohol
Define restricted area in regards to minors and the expections to them being there
An area where minors must not be admitted.
Exceptions:
- cleaning, repairing, restocking etc
- removing, replacing equipment
- stocktaking
- checking or removing cash
- preparing or serving any meal
Minors cannot serve or sell alcohol in a restricted area
Define vicarious liability
When a bar staff breach the Sale and Supply of Alcohol Act 2012, they are legally liable for their actions.
The licensee or manager is also legally liable for the offences committed by bar staff.
What is a licensees or manager’s defence to an employee breach of the Sale and Supply of Alcohol Act 2012?
Provided there is sufficient training provided for employees and reasonable attempts to ensure compliance with instructions.
What are the offences for the following sections:
252
253
255
256
252: Allows intoxicated person to be or remain on licensed premises
253: Disorderly conduct on a licensed premises
255: Patron found on licensed premises later than 30 mins after licensed closing time.
256: Allows person to be on licensed premises later than 30 mins after licensed closing time.
What are the three main powers police can use when conducting compliance checks on licensed premises?
Power to enter - s267
Power to demand information - s269
Closure of Licensed Premise by Police - s266
When can you exercise your
Power to enter - s267?
Power to enter - s267:
- At any reasonable time to ascertain if the licensee is complying with the Act/Licence.
- At any time if they have RGTB that an offence against the Act is being committed on the premises.
When can you exercise your
power to demand information - s269?
Power to demand information - s269:
Constable can demand name, address & DOB when,
- RGTS any person has committed, is committing, or is attempting to commit any offence against the Act.
Note:
- if you have RGTB particulars are false, demand evidence (drivers licence etc).
- If particulars are false or refuse to provide details- caution and if they persist arrest.
When can you exercise your power of
Closure of Licensed Premise by Police - s266?
Closure of Licensed Premise by Police - s266:
Police can close Licensed Premises when:
- a riot may occur or is taking place,
- fighting or serious disorder may occur or is taking place,
significant threat to public heath or safety, - conduct on premises amounts to public nuisance,
- RGTB offences being committed or will be committed that carry max penalty of 5 years in the bum-hole widening factory.
What are the two alcohol related offences for
Minors in a Public Place?
Summary Offences Act 1981 s38(3)(a)
- Every person under 18 yrs of age
- who drinks
- any alcohol
- in any public place
- while not accompanied by their parent or legal guardian.
or
Summary Offences Act 1981 s38(3)(b)
- Every person under 18 yrs of age
-
who has in his/her possession for the consumption of
any alcohol - in any public place
- while not accompanied by their parent or legal guardian.
Describe an alcohol related offence on public transport
Summary Offences Act 1981 s38(1)
- Any person who
- drinks
- supplies
- offers to supply
- has possession for consumption therein
- any intoxicating alcohol
- in or on any public transport
How long can you detox a person at the police station for?
s36 = 12 hours
How many Monteiths Radlers can Bobby consume before his bowling becomes adversely affected?
After eating dinner = 2 standard stubbie bottles
After having no dinner = 1/2 a standard stubbie bottle
