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Wing 339 Exam 2 > OF12 Safe and Supply of Alcohol > Flashcards

OF12 Safe and Supply of Alcohol Flashcards

1
Q

SCAB

A

Speech
Coordination
Appearance
Behaviour

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2
Q

The 4 Licenses

A
  1. On-license
  2. Off-license
  3. Club License
  4. Special License
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3
Q

On-license

A

Section 14: Sell, supply and allow consumption of alcohol ON PREMISES described in license

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4
Q

Off-license

A

Sell, deliver, arrange for delivery of alcohol for consumption OFF PREMISES described in the license

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5
Q

Club License

A

Sell, supply alcohol on premises described in license to any

  • member of the club
  • guest of member
  • Member of another club with reciprocal visiting rights
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6
Q

Special License

A
  1. On site: Sell and supply of alcohol consumption on premises for any person attending the occasion/event described in license
  2. Off site: Sell of alcohol for consumption elsewhere to any person attending the occasion/event described in license
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7
Q

Display of License (in premises)

A

Display license in main entrance (section 56/57)

 - Displaying hours and days of trading + any conditions
 - Display managers identity (section 214(3))
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8
Q

Section 244

A

Minors Found in restricted or supervised Area

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9
Q

Minors Found in restricted or supervised Area ELEMENTS

A
  • Every person commits an offence who
  • Being under 18 years
  • Is found in any
  • Restricted OR supervised area (unless supervised by guardian)
  • On licensed premises
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10
Q

Define “found”

A

Found means being located in the premises, or seen entering or leaving. Minors do not need to be found drinking or consuming alcohol. Presence is enough.

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11
Q

Define “Guardian”

A

A person who has permanent lawful custody of a minor. ie parent

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12
Q

Exception to 244

A 
Minor who are employees
Job types:
   - Cleaning, repairing, 
     maintaining, altering, or 
     restocking the area or any 
     equipment in the area or
   - Removing or replacing any 
     equipment
   - Stocktaking
   - Checking or removing cash
   - Preparing or serving food
   - Under 18 yrs could sell, 
     supply alcohol in a 
     supervised area
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13
Q

Section 243

A

Minors purchasing alcohol

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14
Q

Minors purchasing alcohol ELEMENTS

A
  • Every person commits an offence who
  • Being under 18 years
  • Purchases
  • Any alcohol on or from a licensed premises
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15
Q

Proof of age documents

A
  • Passport (NZ or overseas)
  • NZ drivers license
  • A ‘Kiwi access’ card issued by hospitality NZ
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16
Q

AION

A

Alcohol infringement Offence Notice (POL 1030)

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17
Q

Vicarious Liability

A

They are liable when bar staff breach the Sale and Supply of alcohol Act 2012

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18
Q

Section 247

A

Unauthorised sale or supply (Selling after hours)

Fines: License $20,000 + Manager $20,000 and/or suspend license up to 7 days

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19
Q

Section 248

A

Sell or supplies to intoxicated

Fines: License $10,000 + Manager $10,000 + Bar staff $2,000 and/or suspend license up to 7 days

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20
Q

Section 249

A

Allows a person to become intoxicated

Fines: License $10,000 + Manager $10,000 and/or suspend license up to 7 days

21
Q

Section 252

A

Allows intoxicated person to remain on premises

Fines: $5,000

22
Q

Section 253

A

Allows violet, quarrelsome, insulting or disorderly conduct on licensed premises

Fines: $10,000

23
Q

Section 256

A

Allows person to be on licensed premises outside licensing hours

Fines $10,000

24
Q

Section 239 (1 & 2)

A

Sale and supply to minors on or from licensed premises

25
Q

Section 239 (1 & 2): Sale and supply to minors on or from licensed premises ELEMENTS

A
  1. Every person commits an offence who
  2. Being a licensee, manager, or other person
  3. Sells or supplies alcohol or allows alcohol to be sold or supplied
  4. On or from licensed premises
  5. To any person under 18 years of age
26
Q

Section 239 (1 & 2): Sale and supply to minors on or from licensed premises PENALTY

A

Max $10,000 to licensee and manager and $2,000 to employee/bar staff

27
Q

Section 239 (1 & 2): Sale and supply to minors on or from licensed premises DEFENCES

A
  • They had reasonable grounds to believe the person was 18 years
  • They did not know the person whom they supplied alcohol was going to supply in to a minor
28
Q

Section 241

A

Supplying alcohol to miniors

29
Q

Section 241: Supplying alcohol to minors ELEMENTS

A
  1. Every person commits an offence who

2. Supplies alcohol to a minor

30
Q

Section 241: Supplying alcohol to minors DEFENCES

A
  • If they supplier is the parent/guardian
  • If they believe on reasonable grounds that minor is not a minor
  • Believe on reasonable grounds that he/she has the consent of guardian of that minor
31
Q

Powers for Licensed premises compliance checks

A
  • Entry
  • Demand information
  • Temporarily close
32
Q

Section 267

A

Power to enter

33
Q

Section 267: Power to enter ELEMENTS

A
  • A constable or an inspector
  • At any reasonable time OR at any time
  • Enters and/or inspects licensed premises OR enter and/or inspect licensed premises
  • To ascertain if the licensee is complying with the Act/license OR
    they have reasonable grounds to believe that any offence against the act is being committed on those premises
  • Any person who without reasonable excuse and with unreasonable delay
  • Refuses or fails to admit any constable or inspector who demands entry under this section
  • Commits an offence is liable on conviction to a fine of $2000
34
Q

Section 269

A

Power to demand details

35
Q

Section 269: Power to demand details ELEMENTS

A
  • When a constable has reasonable grounds to suspect any person
  • Has committed
    OR
    is committing
    OR
    is attempting to commit
  • Any offence against this act
  • A constable may require: Name, address and DOB
  • If the constable believes on reasonable grounds that the particulars provided are false they may require ID
  • If person fails or refuses to give any particulars or evidence when required to do so by a constable or provides particulars or evidence knowing that the particulars or evidence are false, they shall be CAUTIONED, if they persist they may be arrested
36
Q

Section 266

A

Closure of licensed premises

37
Q

Section 266: Closure of licensed premises

A
  • If a riot is taking place or riot may occur
  • Fighting or serious disorder
  • Threat to public safety
  • If offences have been committed on licensed premises
38
Q

Section 36

A

Intoxicated people found in a public place or trespassing on private property

39
Q

Section 36: Intoxicated people found in a public place or trespassing on private property ELEMENTS

A
  1. Any constable may
  2. TAKE a person whom they find intoxicated
  3. In a public place or trespassing on any private property
  4. And the person is unable of protecting themselves from physical harm/likely to cause physical harm to another person/likely to cause significant damage to any property
  5. 1) The intoxicated persons home unless its not reasonable practicable to provide for their care and protection
    2) A temporary shelter unless its not reasonable practicable to provide for their care and protection
    3) A police station - up to 12 hours or until the person ceases to be intoxicated
40
Q

Procedure for dealing with drunks in public

A
  1. Take the person to their home
    • Unless address not
      obtainable/not
      safe/impractical
  2. Take to temporary shelter
    • Unless: Closed or (as in
      most cases) not available
  3. Take to police station - 12 hours or till sober
41
Q

Section 38 (3) (a)

A

Minor drinking in a public place

42
Q

Section 38 (3) (a) Minor drinking in a public place ELEMENTS

A
  1. Every person under 18 years of age
  2. Who drinks
  3. Any alcohol
  4. In a public place
  5. While not accompanied by their parents or legal guardian
43
Q

Section 38 (3) (b)

A

Minor in possession of alcohol for consumption

44
Q

Section 38 (3) (b) Minor in possession of alcohol for consumption ELEMENTS

A
  1. Every person under 18 years of age
  2. Who has in his/her possession for the consumption of
  3. Any alcohol
    In a public place
  4. While not accompanied by their parents or legal guardian

must be drinking or intent to consume the alcohol in a public place

45
Q

Section 38 (1)

A

Alcohol offences on Public Transport

46
Q

Section 38 (1) Alcohol offences on Public Transport ELEMENTS

A
  1. Any person who (regardless of age)
  2. Drinks/supplies/offers to supply/has possession for consumption therein
  3. Any intoxication alcohol
  4. In or on any public transport
47
Q

Power of seizure (alcohol in public places)

A

Summary of Offences Act 1981 Section 45

You have power to seize the alcohol and its container from any person who commits any of these offences.

48
Q

Power of arrest (alcohol in public places)

A

Summary of Offences Act 1981 Section 39 (2)

Anyone who commits any of these offences and refuses to give their name, address on demand may be arrested if constable has viewed their offence

Wing 339 Exam 2 (10 decks)

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