Liquor and Canabis Act Flashcards
What is the Liquor Licence act meant to do
Control the sale, purchase, possession, and consumption of alchol
Intoxicated
Consumption affect physical and mental facuties and or judgement
Signs of intoxication
Speach volume change, Change in pace of speech, slurring of words, red glossy eyes, sweating excessively, smell of alcohol on breath and from person, gross motor skills affected.
MUST NOTE THESE IN MY NOTEBOOK
Signs of intoxication
Speach volume change, Change in pace of speech, slurring of words, red glosy eyes, sweating excessively, smell of alcohol on breath and from person, gross motor skills affected.
MUST NOTE THESE IN MY NOTEBOOK
Resedence
Being used as a bonafied dwelling. Place public is not permitted access
Common area
Hallways in mult occupancy buildings, Laundry rooms
Camp site
Used as a residence by the occupent. Tent or trailer. Land around the camp site is part of the residence
Boat residence?
Yes if
- It is anchored
- Has perminant cooking sleeping and washroom faclikties
- Is being used as residence at the time
Private Place
Indoor places the public is not allowed access
- Motorhome can be this if it has, Sleeping accommodation
Cooking facilities
Parked off highway
- roadway, shoulder
- Actually being used as a residence
Any place that is not a residence
Public place
Search without a warrant under LLC Vehicle or Boat
RGB to belive liquor is being unlawfully kept in vehicle or boat
- Eg traffic stop - Observe liquor being conveyed (Open Liquor)
Then
May ender and search vehicle or boat and all persons within it
Section 47(1) Of LLA
A police officer may seize any thing including liquor if
A) Belives it will afford evidence of an offence under this act
B) RGB the thing was used or is being used in connection to an an offence under this act
- If it is not seized it is likey it would continue to be used in the commission of further offences
- RGB to belive that the thing is proceeds from an offence under this act
Section 47 (1.1) of LLA
Belive that offence appears to have been committed under LLA
- Belives that if not seized offences will likely be committed
- Seize liquor and packages it has been kept in.
Police Powers of Arrest without a warrant
Fail to identify - Find a person in violation of LLA and they refuse to provide name or RGB that the name and address given is false may arrest without warrant
Or
Public intoxication - Sec 31 (5) - May arrest if found intoxicated and in a public place or common area and in opinion of police officer they are a danger to any person
Search with warrant
Get info that a offence against LLA is occurring in a dwelling home - Get a warrant with information gained. Go to house
If refused entry arrest for obstruct police 129 Criminal code