Liquor Flashcards
What are the elements of the offence ‘possession of liquor by minors’?
Where in legislation is this offence found, and what is the penalty?
Summary Offences Act 1988 s11 (1)
Elements of offence:
- the accused
- is under age 18
- possesses or consumes liquor
- in a public place
- without supervision of a responsible adult or a reasonable excuse
Penalty: $20
What power do police have to seize alcohol from minors in a public place?
What are the criteria for using this power, and where in legislation is it found?
Summary Offences Act 1988 s11 (2) empowers police to seize alcohol in the possession of a person in a public place
Criteria: police officer must suspect on reasonable grounds that the person is committing an offence under s11 (1) [i.e. is minor with alcohol]
What information can police require suspected minors consuming/possessing alcohol in a public place to provide?
Where in legislation is this power?
Summary Offences Act 1988 s11 (5A) empowers police to require people they suspect on reasonable grounds are committing an offence under s11 (1) [i.e. minor with alcohol] to provide:
- full name
- residential address
- produce evidence then or at a police station within a reasonable time that they are over 18
What power do police have to move-on intoxicated persons in public places?
What are the criteria for using this power, and where in legislation is it found?
LEPRA s198 empowers police to direct an intoxicated person in a public place to:
- leave and not return for up to 6 hours
- not be intoxicated and disorderly in any other public place within 6 hours
Supporting definition: in this section ‘intoxicated’ means that the person’s speech, balance, coordination or behaviour is noticeably affected and it’s reasonable to believe this is due to consuming alcohol or any other drug.
Criteria for using power: officer must believe on reasonable grounds that:
- person’s behaviour is disorderly OR likely to cause injury / property damage / risk to public safety, AND
- person’s behaviour is a result of intoxication
What are the different legislated definitions of ‘intoxicated’ that we have learned and when do those different definitions apply?
For the purposes of the Liquor Act 2007 (e.g. fail to quit offences) and LEPRA s198 (move-on directions for intoxicated persons in public) the definition of ‘intoxicated’ is:
- the person’s speech, balance, co-ordination or behaviour is noticeably affected AND
- it is reasonable in the circumstances to believe this is the result of consumption of liquor [for s198 it is liquor or other drugs]
For the purposes of LEPRA s206 (detaining intoxicated persons in public places) the definition is:
- “a person who appears to be seriously affected by alcohol or another drug or a combination of drugs”
What power do police have to detain intoxicated people in public places?
What are the criteria for using this power, and where in legislation is it found?
LEPRA s206 empowers police to detain an intoxicated person in a public place
Support definition: in this section ‘intoxicated’ means “appearing seriously affected by alcohol or another drug or a combination of drugs”
Criteria for using power:
- person is behaving in a disorderly manner
- OR manner likely to cause injury / property damage
- OR in need of physical protection because intoxicated
If police seize alcohol from a person in a public place who they suspect is a minor, what are the key rules around detaining or disposing of it?
Where in legislation are these rules found?
Summary Offences Regulation 2020 cl 4-10 states that:
- officers must explain why the liquor was seized
- officers can dispose of open liquor at the scene unless the liquor’s quantity or value would make this unreasonable
- liquor not disposed of (e.g sealed) must be taken back to station and kept for at least 24 hours.
- person must be told which station it is being taken to and that they can claim its return there
What power do police have to remove or exclude patrons of licensed premises?
Where in legislation is this power found?
Liquor Act 2007 s77
- (2) empowers police to refuse to admit, or to turn out, a person from a licensed premises.
- makes it an offence to attempt re-entry within 24hrs
- makes it an offence to remain within 50m within 6hrs
Criteria: the person must be one of the following; SPIED
- Smoking in a smoke free zone
- Penalty for licensee if this person present on premises (e.g. underage)
- Intoxicated, violent, quarrelsome and disorderly
- Entry refused - i.e. a person the licensee is allowed to refuse entry to
- Drugs or plant in possession
Supporting definition: in this section ‘intoxicated’ means that the person’s speech, balance, coordination or behaviour is noticeably affected and it’s reasonable to believe this is due to consuming alcohol.
SECTION KNOWLEDGE TEST:
What sections of what acts provide the key powers we have learned for managing intoxicated persons?
LEPRA
- s198: move on intoxicated person in public place
- s206: detain intoxicated person in public place
Summary Offences Act 1988
- s11: minor with liquor (and power to seize / dispose)
Liquor Act 2007
- s77: power to refuse access / turn out ‘fail to quit’ patrons at licensed premises
