OF12 Sale and Supply of Alcohol Act 2012 Flashcards

1
Q

What section of the SASAA 2012 does Power to Enter licensed premise fall under?

A

Section 267

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2
Q

What are the two times Police can use Section 267 to enter a licensed premise?

A

Any reasonable time to ascertain compliance with this act (the premises open hours).

At any time when their is grounds to believe an offence against the SOSAA is occurring.

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3
Q

Is there power to arrest under section 267 SOSAA 2012?

A

No power of arrest, but consider obstruction if you encounter non-compliance to lawful entry.

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4
Q

What are the four licenses under the SOSAA 2021?

A

On-license
Off-license
Special
Club

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5
Q

Explain an on-license.

A

A premise that sells and supplies alcohol for consumption on the premise.

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6
Q

Explain an off-license.

A

A premise that sells and supplies alcohol for consumption off the premise.

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7
Q

Explain a special license.

A

A licence to sell or supply alcohol at a special occasion

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8
Q

Explain a club licence

A

A licence to sell or supply alcohol at a premise to members or guests of members, where gain is not the priority.

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9
Q

What two things must be displayed on a premise wall?

A

The SOSAA licence and the duty managers name.

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10
Q

What is the definition of intoxication?

A

Intoxicated means observably affected by alcohol, other drugs or substances to such a degree that two or more of the following are evident.

Speech is impaired
Coordination is impaired
Appearance is impaired
Behaviour is impaired

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11
Q

What are the the differences between a restricted and supervised area in regards to patrons.

A

Nothing to do with consuming alcohol.

A person under 18 is not allowed in a restricted area at any time.

A person under 18 is only allowed in a supervised area if they are with a parent or legal guardian.

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12
Q

What section of the SOSAA allows you Power to demand details from specific people inside a licenced premise?

A

Section 269

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13
Q

When is the only time can you exercise section 269 and what can you demand?

A

Cause to suspect committing an offence under the SOSAA 2021.

Name, address, DOB, ID

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14
Q

If someone fails to give you details under section 269 when you have good cause to suspect they are committing an offence under the SOSAA 2012, what are your options.

A

Caution, then if still no compliance arrest under section 269 (3)

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15
Q

What are some of the exceptions for persons under of the age of 18 working in a supervised area, what tasks can they carry out as employees?

A

cleaning, repairing, maintaining , altering or restocking the area or equipment.

Removing or replacing such equipment.

Stocktaking

Checking or removing cash

Preparing or serving any meal

Sell and supply alcohol

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16
Q

What are some of the exceptions for persons under of the age of 18 working in a restricted area, what tasks can they carry out as employees?

A

cleaning, repairing, maintaining , altering or restocking the area or equipment.

Removing or replacing such equipment.

Stocktaking

Checking or removing cash

Preparing or serving any meal

MUST NOT sell or supply alcohol

17
Q

What is the main difference between workers under 18 in a supervised or restricted area?

A

Under 18 year old workers can sell and supply alcohol in a supervised area but not in a restricted area.

18
Q

What are four offences a Duty Manager is liable for?

A

Allows intoxicated people to remain

Selling alcohol after hours (30mins to close down)

Sell and supply of alcohol to minors

Vicarious liability (liable for any behaviour by intoxicated patrons)

19
Q

What section of the SOSAA allows Police to temporary close licensed premises?

A

Section 266

20
Q

What are the two main incidents that allow Police to close a licenced premise under section 266?

A

Riot or serious disorder (fighting)

21
Q

How long can Police close a premise down for after exercising section 266?

A

24 hours from the end of the day the order was made.

22
Q

What does Section 38 of the Summary offences Act 1981 refer to in regards to Alcohol?

A

Public place offences

23
Q

What are public place offences referencing section 28 of the Summary of Offences Act 1981?

A

Minors drinking alcohol in any public place unaccompanied.

Minors possesses alcohol for consumption.

Any age drinking or possessing alcohol for consumption in any public transport.

24
Q

What does section 36 of the Policing Act 2008 cover?

A

Detox procedures.

25
Q

What are three main criteria for a detox?

A

Incapable of protecting themselves from physical harm.

Likely to cause physical harm to another person.

Likely to cause significant property damage.

26
Q

What is the first thing to consider for a detox?

A

Does the person need medical treatment.

27
Q

if the person does not need medical treatment, what are three options in order?

A

Take home
Temporary shelter
Police Station

28
Q

What is the max period a person can be detoxed at a Police station?

A

12 hours
Then a check by a medical practitioner
Then another 12 hours