OF12 Alcohol Flashcards
What types of alcohol licenses are available under Sale and Supply of Alcohol Act 2012 and the types of premises they are required for?
On license: Alcohol consumed on site i.e Bars, Pubs, Restaurants
Off license: Supply, Delivery and Sale of alcohol to be consumed off site I.e Bottle shops, supermarkets
Club license: Similar to on license but for specific club members or people with them.
I.e RSA, Sports clubs
Special license: For events with one off time periods. Can match both an On AND off license conditions
I.e music festivals
Define: Intoxication
To be observably affected by alcohol, drugs, and or other substances to such a degree that 2 or more of the following are evident:
- Appearance is affected
- Behaviour is imparted
- Co-ordination is impaired
- Speech is Impaired
Define Licensed Premises
Any premises for which a license is held
Define supervised area
Minors must not be admitted u less accompanied by a parent or legal guardian.
Define restricted areas (Re. Alcohol licenses)
Persons under 18 must not be admitted
What information must be prominently displayed at a licensed premises:
A copy of the license
What/how may minors enter supervised and restricted areas?!
Kids can only enter supervised areas if accompanied by a parent or guardian.
Under 18’s can enter both if employed for the purposes of basic bar working.
Understand the offences in relation to minors in supervised or restricted areas;
Section 260: $250 fine.
The list of offences are as followed:
- Consumption/possession of alcohol in an alcohol banned area
- Under 18 not accompanied by parent consuming alcohol in a public place
- Minor in restricted area
- Minor not accompanied in a supervised area
- Supervisor commits offence when allowing minor alone into supervised area
- Presented false age documents
Describe the offence of a minor purchasing alcohol:
Every person commits an offence who:
- Being under 18
- Purchases
- Any alcohol on or from a licensed premises
Minor: $250 fine
Licensee: $2000
Explain of the offence of allowing people to be on licensed premises outside licensing hours
Offence for being on premise 30 minutes past closing. You don’t have to catch them with alcohol.
Defence would be staff working/cleaning etc
10, 000 fine
Describe Vicarious liability
Managers and Licensees are liable for the actions of their employees unless the employee is doing something outside of their responsibility I.e cleaner selling a minor alcohol
Explain the offence of allowing an intoxicated person to be on licensed premises, and any defences
Allowing intoxicated person to stay on premises
Defence: If licensee/manager proves they took reasonable steps to take the person to a place of safety or remove the person when they became aware of the situation
$5000 fine
Understand the offence of supplying alcohol to minors and a potential defence
Every person commits an offence who supply’s and alcohol to a minor
Defence: RGTB the minor was 18+
- They didn’t know a person whom the sold alcohol too was going to then give it to a minor
Which identity documents are acceptable when used as part of a statutory defence to supplying alcohol to a minor
Evidence of age document provided
E.g Fake ideas etc
What are the powers for police to enter a premises at any time:
Section 267:
Enter and inspect if RGTB an offence against this act is being committed on the premises
What are the powers for police to enter a premises at any reasonable time:
Section 267:
To ascertain if the license it complying with this act and their license
What is my power to close a licensed premises under 266 of the Sale and Supply of Alcohol Act 2012
I can close a premises if:
- A riot is/going to occur
- There is fighting or serious disorder
- Threat to public health/safety
- Conduct on the premises is a public nuisance
I can close the premises for 24 Hours from the end of the day on which the order was made
What powers do police have if people refuse or fail to admit any Constable to a licensed premises
Any person who without reasonable excuse or and with unreasonable delay refuses or fails to admit a Constable who demands entry u der this section:
Commits and offence and is liable to a fine of $2000
No power for arrest BUT can consider arrest for obstruction
What is my power to demand details under the Sale and Supply Act 2012 and the power to arrest on refusal?
Arrest power: 269
RGTS someone is, has or is attempting to commit an offence against this act, I can demand:
- Name
- Address
- DOB
If the info is false or there is a refusal I should caution. After that on refusal: arrest.
Explain the offence of ‘Minor in possession of liquor for consumption in a public place’
- Under 18
- Has in his/her possession for consumption of:
- Any alcohol
- In any public place
- While not accompanied by their parent or legal guardian
Minor has to INTEND to drink in the public place
Explain the offence relates to alcohol offences on public transport
- Any person who
- Drinks, supplies, offers to supply, has possession for consumption therein
- Any intoxicating alcohol
- in or on public transport
All ages
All charted transport ex. Special license
Define public transport in relation to Alcohol offences
Vehicles, vessels and trains carrying passengers for reward.
Not including those with special licenses I.e Ferry with a Bar
What’s a power under the Policing act 2008 to detain intoxicated people found in a public place. Also, what criteria must be satisfied before invoking power?
I can take a person I find intoxicated to the police station for a 12hour detox IF:
- You have checked if you can take them home first
- You have checked if you can take them to a temporary shelter
BOR, S85 Search
You can do another 12 hours of Detox if a medical practitioner recommends this.
Basic explanation of both S267 and S269 of the Sale and Supply of Alcohol act
267: Power to enter (At any time, at any reasonable time)
269: Power to demand details of anyone RGTS in breach of act
What section gives me power to demand details if RGTS offence against the Sale and Supply of Alcohol act
Section 269
What section gives me power to enter a premise under the Sale and Supply of Alcohol act
Section 267
