LLA : Definitions Flashcards
Liquor
Spirts, wines, beer, any combination includes any alcohol suitable for human consumption
Alcohol
a product of fermentation or distillation of grains, fruits or other agricultural products. Includes synthetic ethyl alcohol
Beer
Fermentation of barley, malt or hops
0.5 of 1 % V/V
Wine
Fermentation of natrual fruit sugars
0.5 - 1% V/V
Spirits
Distillation of any beverage containing alcohol obtained by distillation
Sell
to supply for remuneration, directly or indirectly
Have
knowledge, consent and control
Similar to C.C Possession
S . 30 (8) LLA : Under 19 Offences
POACH
- Purchase
- Obtain otherwise
- Attempt to purchase
- Consume
- Have
Exceptions
Employee possession - person 18 may be in possession of liquor during the course of employment on premises.
S . 27 LLA - Purchase
No person shall purchase liquor except from
- Government store
- Person authorized by licence or permit
S. 33 (a) LLA - Unlawful Consumption
No person shall
- Drink alcohol in a form that is not liquor
S. 33 (b) LLA - Unlawful Supply
No person shall
- Supply alcohol in a form that is not liquor
- Knowing that the other person intends to drink it
S. 30 (2) LLA - Appears to be 19 or under
No person shall
- Sell / Supply liquor
- to a person who appears to be under 19
S . 30 (3) LLA - Licensee Permit under 19
No licensee / employee / agent of a licensee shall
- Knowingly
- Permit a person under 19
- To have or consume liquor
- In the licensee’s licensed premises
S. 30 (4) LLA - Licensee Apparently under 19
No licensee / employee / agent shall permit
- person appears under 19
- to have or consume liquor
- in the licesee’s licensed premises
Limitations periods for LLA offences
Generally 2 years after offence
1 year for furnishing false info in an application
S. 30 (10) LLA - Under 19 Enter / Remain
No person under 19 years shall
- Enter or remain on premises
- in which the sale of liquor is authorized
- if the person knows
- a condition of licence / permit prohibits persons under 19
Excemption
- employee while working
S. 30 (13) LLA - Parental Exemption
- Supply of liquor
- to person under 19
- in a residence or in a private place
- by a parent of the person or a person having lawful custody
- Consumption of liquor
- by a person who is supplied liquor (does not have to stay)
- if the liquor is consumed at the place where it is supplied
S . 31 (1) LLA - Residence
- Place actually occupied and used as dwelling
- whether or not in common with other persons
- including all premises used in conjunction which the general public is not invited or permitted access
- A tent, including the land immediately adjacent to and used in conjunction with tent
Definition of Private place
- Indoor Place
- Public is not ordinarily invited or permitted
- not indoor place that is available for rent
- Motor Vehicle
- Used as a residence
- Sleeping accommodation
- Cooking facilities
- Parked and off highway
- Boat / Vessel
- Permanent sleeping accommodations
- Permanent cooking and sanitary faciities
-
Anchored or is secured to the dock or land (moored)
- Land or dock that boat is secured to can be private place if public is not ordinarily invited or permitted
S. 31 (4) - Intoxicated
No person
- Shall be in an intoxicated condition
- In a place to which the general public is invited or permitted access or
- In any part of a residence that is used in common by persons occupying more than one dwelling in the residence