Minors on Licensed Premises Flashcards
What is the definition of the term Minor?
A person under the age of 18 years.
What are the 3 main charges minors may be charged with?
1) Minors found in a restricted or supervised area.
2) Employing minors in a restricted area.
3) Minors purchasing alcohol.
What is Section 244 of the Sale and Supply of Alcohol Act 2012?
Minors found in Restricted or Supervised Area.
Every person commits an offence who: Being under 18 years is found in any (i) Restricted Area (ii) Supervised Area (unless supervised by a parent or guardian) on licensed premises.
What is the penalty for an offence against Section 244?
The penalty for thins offence is a $2000 fine for the duty manager if taken to District Court
OR
A $250 infringement notice.
The minor is liable for an infringement notice with a fine of $250 if found unaccompanied
OR
A $1000 fine if taken to District Court.
What is the definition of the following term; Found?
Found means being located in the premises,or seen entering or leaving.
Minors do not need to be found drinking or consuming alcohol on the premises.
Prescience is enough.
What is the definition of the following term; Guardian?
Guardian is a person who has permanent lawful custody of a minor in place of a parent.
Therefore an adult over 18 who is temporarily supervising a minor, such as a rugby coach, relative, or older friend, would not qualify.
What exemptions allow minors to be in a supervised / restricted area? (6)
1) cleaning, repairing, maintaining, altering, or restocking the area of any equipment in the area.
2) removing or replacing any such equipment.
3) stocktaking.
4) checking or removing cash.
5) preparing or serving any meal.
6) selling or supplying alcohol.
Does Section 244 cover the offence of a minor purchasing alcohol?
No it only deals with minors being found on the licensed premises.
If the minor purchases alcohol, they commit a second offence under Section 243.
What is Section 242 of the Sale and Supply of Alcohol Act 2012?
Employing Minors in a Restricted Area.
It is an offence for a licence to employ minors in a restrict area while that area is open for the sale of alcohol.
What is the penalty for an offence against Section 242?
The penalty for this offence is a fine of $2000.
What exemptions allow a minor to be present in a Restricted Area? (5)
1) cleaning, repairing, maintaining, altering, or restocking premises or equipment.
2) removing or replacing equipment.
3) stocktaking.
4) checking or removing cash.
5) preparing or serving any meal.
What is the difference between a Supervised and Restricted Area?
Under Section 244 (minors in restricted or supervised areas) minors can serve and sell liquor in supervised areas.
However under Section 242 (employing minors) minors cannot serve or sell liquor in restricted areas.
What is Section 243 of the Sale and Supply of Alcohol Act 2012?
Minors purchasing alcohol.
Every person commits a crime who:
Being under 18 years
Purchases
Any alcohol on or reformism a licensed premises
What is the penalty for an offence against Section 243?
The penalty for this offence is a $2000 fine for the Licensee and a $250 infringement notice for the minor.
What are examples of ‘evidence of age documents, that can be used to verify the age of a person? (3)
1) passport (NZ or overseas)
2) driver licence
3) an ‘18-plus’ card issued by Hospitality NZ
These 3 are the only ones that if sighted give licensees a defence against prosecution.
