OF12: Offences by Management, Staff and Patrons

Question 1

Understand the offence of allowing persons to be on a licensed premises outside licensing hours.

Answer 1

$10000 fine to licensee and or management.

Prosecution only need to prove that the person remained beyond 30mins and continued to purchase alcohol.

Question 2

Understand the concept of vicarious liability:

Answer 2

When bar staff sell to a minor, them along with the owner of club/bar are liable.
If cleaner however goes behind bar and sells to minor only they are liable.

Question 3

Understand the offence of allowing an intoxicated person to be on a licensed premises and any defense.

Answer 3

Offence is $5000 fine to licensee and or manager.

Defense: If licensee/manager was taking person to a safe place to rest or remove them when they became aware of situation.

Question 4

Understand the offence of suppling alcohol to minors, and the statutory defenses:

Answer 4

Max penalty for licensee is $10000 fine and or 7day suspension.
Manager is $10000 fine
Staff $2000 fine

Question 5

Understand which identity documents are acceptable when use as part of statutory defense to suppling alcohol to a minor.

Answer 5

• Passport
• Driver license
• Kiwi card or 18+ card