OF12- Sale and supply of alcohol act

Question 1

What are the four types of Licenses?

Answer 1

1) Section 14 ON LICENSE- sell,supply and consume alcohol ON THE PREMISES Eg- pub, hotel, bar.
2) Section 17 OFF LICENSE- sell, deliver, arrange of delivery OFF THE PREMISES Eg- supy, bottle shops
3) Section 21- CLUB LICENSE- sell supply for consumption on premises to member of club, guest of member of club
4) Section 22 SPECIAL LICENSE- for special occasion or event. two types - off and on

Question 2

Define Intoxication….

Answer 2

Observably affected by alcohol, drugs, and or other substances to a degree that two are evident:
S- SPEECH is impaired
C- Co ordination is impaired
A- Appearance is affected
B- Behaviour is impaired.

Question 3

Define Licensed Premises….

Answer 3

Any premises for which a license is held.

Question 4

Restricted Area…

Answer 4

Person under 18 years cannot be in

Question 5

Supervised Area….

Answer 5

Minors can’t be admitted unless accompanied by a parent of legal guardian.

Question 6

What needs to be displayed at licensed premises?

Answer 6

The license held

The manager on duty- name

Question 7

What section gives you the power to enter?

Answer 7

SECTION 267- can enter at any reasonable time (when open) OR at any time (grounds to believe), enter and inspect licensed premises to ascertain if they are complying with license OR when they have reasonable grounds to believe an offence is being committed against this act.

NO POWER OF ARREST- Consider Obstruction.

Question 8

Under section 269 whos details can I demand?

Answer 8

• Reasonable cause to suspect committing an offence
  -Name, Address, DOB, May require ID
  MUST CAUTION.
  ARREST under 269 (3)

Question 9

Exceptions for Staff to be under 18 years old

Answer 9

Restricted and Supervised
- Cleaning, repairing, maintaining, restocking area or equipment
- Removing or replacing any such equipment
- Stocktaking
- Checking or removing cash
- Preparing or serving any meal.
Supervised only
- Sell and supply alcohol.

Question 10

What are offences by management?

Answer 10

• Allows intoxicated to remain
• After Hours (30mins)
• Sell/supply to minor
  DEFENCE- ID PRODUCED (passport, NZ drivers license, Kiwi access card)

Vicarious Liability- The licensee or manager are also legally liable as well for offences committed by the bar staff.

Question 11

What is the power to Temporarily close licensed Premises?

Answer 11

• SECTION 266
• riot
• fighting or serious disorder.

Max timeframe - 24 hours from the end of the day the order was made.

Question 12

Public Place OFFENCES

Minors and any age?

Answer 12

MINORS

• Drinks alcohol in any public place while not accompanied.
• Possesses for consumption in any public place.

PUBLIC TRANSPORT (any age) 
- Drinks OR possesses for consumption in any public transport.

Question 13

What are the detox procedures?

Three options and they must be…

Answer 13

MUST BE EITHER: incapable of protecting themselves from physical harm

• Likely to cause physical harm to another person
• Likely to cause significant property damage.

CONSIDER HEALTH FIRST- do they need a doctor. 
If not: 
-Take Home
- Temporary Shelter
- Police Station.

Question 14

What is the MAX time a person can stay at station ?

Answer 14

12 hours
medical practitioner
12hours