Liquor Offences Flashcards
What is defined as liquor
Fermented fluid which ethyl alcohol is more than 5% at 20c and is for human consumption
Definition of intoxication
A person adversely affected by an intoxicating substance.
this can include having reasonable grounds to believe someone is intoxicated based on physical observations:
- speech
- balance
- behavior
Place of Safety
- Being in the presence of a responsible person whom in their care will recover safely from the effects of being intoxicated.
Form 44
Must be given and signed by the person whom the officer has left the intoxicated person with
Police Action of being intoxicated in a public place
- NTA
- Infringement
- Complaint and Summons
- Arrest
Or Arrest if PPRA 365 applies.
What can Police do regarding other liquor present
- Seize any alcohol, open or unopened that is contributing or is likely to contribute to an offence.
and - Police may dispose of alcohol to prevent the continuation of offending.
What powers do Police have regarding information off offending parties
LA 182 - Name, address and age
LA 183 - Answers to questions
Can a minor consume alcohol in a licensed premises?
NO. dealt with by way of infringement notice
Where can a minor consume alcohol
A place other than a licensed premises under the supervision of a responsible adult.
-Police may seize any alcohol if the above is not met.
What is the duty of the Police regarding intoxicated persons
Take them to a place of safety at the earliest and reasonable opportunity.
What must be given and explained to the person that has be handed a form 44
- Persons property
- Relevant information
- Ensure the understand they are not compelled to stay
