Liquor Flashcards
What are police powers of entry to licensed premises?
Licensed- constable can enter at any time and inspect. Non licensed (Byob)- can enter and inspect at any time if: suspect alcohol is being sold
Does not include takeaways- unless written authority from JP or inspector & higher, must be done within 8 days and at day & time specified.
How long is a personal license valid for?
10 years
What powers exist for entry to private members clubs?
Unrestricted power of entry.
What rules must a private members club adhere to?
Non profit making Constitution maintained No person supplied with alcohol unless: Member of the club There on invitation and signed in book Member of any other club
What are the key mandatory conditions of a licensed premises?
- Alcohol is sold according to plan
- Activities are carried out according to plan
- Staff serving or dispensing alcohol are trained
- Alcohol prices don’t change within 72 hours
- No irresponsible drink promotions
What are the late opening conditions?
- First aided present
- Personal license holder present from 1am
- Written evacuation policies in place
- CCTV installed and police approved
- SIA stewards present after 1am
- Supervised toilets
What are the 5 licensing objectives?
- Prevent crime & disorder
- Protect children from harm
- Protect public health
- Prevent public nuisance
- Ensure public safety
What must a premises license application include?
- Operating plan
- Description of premises
- Layout of premises
- Any necessary certificates
What is in an operating plan?
Description of activities Times alcohol is to be sold If alcohol is to be sold on the premises, off, or,both Times of any activities Capacity Details of premises manager If on license: Age of kids allowed, when they're allowed, where they're allowed. If on & off license: Times for off and on sales
What offences and exist for sale & removal of alcohol out with licensed hours? When is it not an offence?
Offence to:
Sell or allow sale
Allow consumption
Allow alcohol to be taken from licensed premises
No offence if:
Consumed within 15 mins of end of hours
Consumed within 30 mins of end of hour if with a meal
The person consuming the alcohol lives there or is a guest
Alcohol was sold within hours but removed in a closed container
Sale is to a trader for trade
Sale to Premises occupied by armed forces
Who can apply for a general extension?
How long do the police have to object to it?
What is the maximum period of time an extension can be in place for?
A premises license holder
10 days
1 month
What is a personal license?
A license authorising a person to supervise the sale of alcohol
Who needs a personal license?
The premises manager,
Not bar staff, they only need training
Who can apply for a personal license?
Anyone over 18 who has undergone correct training
Who can apply for an occasional license?
The holder of a premises license
Or
The holder of a personal license holder and is a representative of a voluntary org
What is the maximum duration of an occasional license?
14 days?
What is a child & young person?
Child is <16
Young person = 16,17
What is liqueur confectionary?
Confectionary containing up to 57% alcohol.
When is sale of alcohol by a child not an offence?
Sale for consumption off premises
Sale for consumption during a meal & authorised by an > 18 responsible person
When is not an offence to deliver alcohol to a child or young person?
When they are working in a place that accepts alcohol deliveries
What offences exist for disorderly conduct?
For a responsible person to allow it to happen in their premises,
For any person to behave in such a manner in a premises
What offences exist to drunkeness in public?
When can a constable arrest?
Drunk & incapable of taking care of themselves without a suitable person
Drunk and in charge of a child
Drunk and in possession of a firearm
Can arrest when in interest of justice
What powers police have for drinking in public?
Can confiscate from s,
And demand name & address
Can arrest if fail to comply
What premises are exempt from requiring a premises license?
Examination stations at airports Approved wharf or hover port Plane, hovercraft, or train on a journey Vessel on an international journey or as part of a ferry service Premises occupied by armed forces
Can alcohol be sold on moving vehicles?
Not unless have a license
At what times is alcohol prohibited from being delivered to premises other than licensed ones?
Midnight-6am
What does an exclusion order do?
Prohibits a person from entering certain licensed premises, for a minimum of 3 months and maximum of 2 years
When are exclusion orders issued? Who issues them?
Can be issued by the court when a person is convicted of a violent offence on, or in immediate vicinity of a licensed premises.
Can be applied for by premises license holder to court, no later than 6 weeks after conviction.
What happens of an exclusion order is breached?
Authorised person can remove the person with force if required
It is an offence punishable by fine or imprisonment or both
Who can apply for a closure order?
Officer of inspector or above, to the licensing board
When can a closure order be applied for?
For the interest of public safety due to suspicion of disorder to take place on or in the vicinity of the premises
When can an emergency closure order be issued?
When inspector or above believes that there is going to be disorder on or in the vicinity so it is in public interest to close, but the risk to public safety is such that it must be done immediately.
DONT NEED TO CONTACT LICENSING BOARD
How long can an emergency closure order be issued for?
Up to 24 hours.
Can be extended to 48 if approved by inspector or above
What offences exist in relation to identity cards?
An offence to have ID that is false & known to be false, improperly obtained, or is someone else’s, and to have an intention to use it.
OR
An offence to have false ID, improperly obtained, or someone else’s, but with no intention of using it.
