OF12 Sale and Supply Flashcards
What are the different types of licenses?
sec 14 On
sec 17 Off
Sec 21 Club
sec 22 special (i) on (ii) off
What is sec 56 and 57 for?
and sec 214(3)?
the display of license type of license operating hours restricted/supervised areas any restrictions
duty manager name
What sections relate to minors?
s 239 any person selling/supplying alcohol to a minor
s241 anyone supplying alcohol to a minor
s 242 minors working in bar can go into restricted/supervised areas only to;
- clean, repair, maintain, alter, restock premises, equipment
- removing or replacing equipment
- stocktaking
- checking or removing cash
- preparing or serving any meal
** can sell alcohol in supervised area
s 243 minor purchasing alcohol
s 244 minor found in restricted/supervised area without guardian
Offences by management and staff
s 247 selling after hours
s 248 sells/supplies to intoxicated persons
s 249 allows person become intoxicated
s 252 allows intoxicated person to remain
s 253 allows violent, disorderly conduct on premises
s 256 allows persons be on site 30mins after closing
s 255 allows staff be onsite outside licensing hours unless living there, still working
What are the public place offences?
Summary Offences Act 1981
s 38(3)(a) Minor consuming alcohol in a public place while not accompanied by legal guardian
s 38(3)(b) Minor who has in their possession for the consumption of alcohol in a public place while not accompanied by legal guardian
s 38(1)
Any person who drinks or, supplies/offers to supply or, has possession for consumption,
any alcohol
in or on public transport
What are the procedures for sec 38 offences?
Identify offence
Determine intent to consume
Request name and address
If supplies details, warn and summons
If refuse give details, warn, arrest
Seize alcohol for exhibit
What is sec 36 Policing Act 2008?
Care and Protection of Intoxicated People
(1) A constable may take a person they find intoxicated
In a public place or intoxicated while trespassing
(1) and constable reasonably believes
(a) person is incapable of protecting him/herself from physical harm
(b) likely to cause physical harm to another person
(c) likely to cause significant damage to any property
Take home
Temporary shelter
To police station for up to 12 hours (as are detained must give rights)
What is SCAB
Intoxication Assessment Tool
Speech
Coordination
Appearance
Behaviour
What is power to close premise?
Section 266 Sale and Supply Act 2012
Gives power to close premises:
- if riot taking place or believe a riot may occur
- if fighting or serious disorder
- significant threat to public health/safety
- substantial public nuisance
offences occuring 5+ prison
What is power to enter premises?
Section 267 Sale and Supply Act 2012
can enter and inspect licensed premises
- to ascertain Licensee is complying with act
(at any reasonable time)
- if r.g.b any offence against S+S Act being committed
What is power to demand information?
Section 269 Sale and Supply Act 2012
When a constable has r.c.s any person
Is/has/attempting to commit
Any offence against this Act
Constable may require NAD
if believe they are false or misleading caution, then arrest
