OF12 Sale and Supply of Alcohol Act 2012

Question 1

What are the four types of licences and what premises are they required for?

Answer 1

1. On-licence (alcohol consumed on premises)
2. Off-licence (alcohol consumed off premises)
3. Club licence (on premises, cannot be open to public)
4. Special licence
   - not normally licenced. One off

Question 2

Intoxication

Answer 2

SCAB

Observably affected by alcohol, drugs and/or other substance that two or more of the following are evident

1. appearance affected
2. behaviour impaired
3. coordination impaired
4. speech impaired

Question 3

What is a licenced premises

Answer 3

Any premises for which a licence is held

Question 4

Restricted area

Answer 4

Area which under 18 must not be admitted

Question 5

Supervised area

Answer 5

Area which minor cannot be admitted unless accompanied by parent or guardian

Question 6

What must be displayed at licenced premises

Answer 6

• Copy of licence

- Manager’s name

Question 7

National default maximum trading hours

Answer 7

On licence or club licence
8am - 4am following day

Off licence
7am - 11pm

Question 8

Staff exemptions for minors in supervised/restricted areas

Answer 8

• cleaning, repairing, restocking
• removing/replacing equipment
• stocktaking
• checking/removing cash
• meal preparation

Question 9

Minors found in restricted or supervised area

Answer 9

Presence is enough

Duty manager fined in court $2000 or $250 infringement

Minor fined $1000 in court of $250 infringement

Question 10

Minors Purchasing Alcohol

Answer 10

Licence holder $2000

Minor $250

Question 11

When is “outside licencing hours” and how much is the fine?

Answer 11

30 minutes after licence closing time

$2000 fine

Question 12

What is vicarious liability?

Answer 12

Licencee or manager is legally liable as well for offences committed by bar staff

Question 13

What is Section 252 and defence

Answer 13

Allows intoxicated person to be or remain on licenced premises

Defence: if they can prove they took reasonable steps to remove or take to safety

Question 14

What is Section 253 and defence

Answer 14

Allows violent or disorderly conduct

Defence: took reasonable steps to remove person or take to safety

Question 15

Defences when supplying alcohol to minors

Answer 15

Reasonable grounds to believe they are 18 e.g. they sighted an age document

Question 16

Powers to Enter (2)

Answer 16

Section 267

At any time
- offence is being committed on those premises

At any reasonable time
- to ascertain if complying with this Act and their licence

Question 17

What is Section 266

Answer 17

Power to close premises in order to prevent incidents or regain control of incidents

Question 18

What is length of time for closure under Section 266?

Answer 18

No later than 24 hours from the end of the day the order was made

Question 19

Section 269

Answer 19

Power to demand information

Must supply
Name, Address, DOB

Can arrest after you have cautioned them for their failure

Question 20

Powers when Constable refused entry

Answer 20

No powers of arrest but can arrest for obstructing a constable

Question 21

SOA 1981 Section 38(3)(b)

Answer 21

Minor in possession of alcohol for consumption

Must establish intent to drink in public place

Question 22

Criteria to invoke Section 36 of Policing Act 2008

Answer 22

• person incapable of protecting themselves from physical harm
• likely to cause physical harm to another person
• likely to cause significant damage to property

Question 23

Maximum period to be detained under Section 36

Answer 23

12 hours

Question 24

Procedure when finding intoxicated person trespassing or in a public place

Answer 24

1. Take home unless address not obtainable, not safe, impractical
2. Take to temporary shelter (unless closed)
3. Police station