OF12 Sale and Supply of Alcohol Act 2012 Flashcards
What are the 4 types of licences available under the Sale and Supply of Alcohol Act 2012?
On-Licence
Off-Licence
Club Licence
Special Licence
What does the on-licence allow?
- sell
- supply
- consumption of
alcohol on premises described in the licence
Default hours 8am-4am following day
What does the off-licence allow?
- sell
- deliver
alcohol for consumption off the premises described in the licence.
7am - 11pm
What does the club licence allow?
- sell
- supply
alcohol for the consumption on the premises to any - member of the club
- guest accompanied by a member
The club cannot be open to the public.
What does the special licence allow?
2 kinds
- (1) sell and supply alcohol for consumption on the premises to any person attending occasion or event.
- (2) sell alcohol for consumption elsewhere to any person attending occasion or event.
An on-licensed holder can apply for this if they wish to sell alcohol outside their normal hours, for a special event etc.
What does ‘intoxication’ mean? SaSoAA2012
Observably affected by alcohol, drugs and or other substances to such a degree that 2 or more of the following are present -
- Speech is impaired
- Coordination is impaired
- Appearance is affected
- Behaviour is impaired
What is a ‘restricted area’ ? SaSoAA2012
A person under 18 must not be admitted
unless they are staff.
What is a ‘supervised area’ ? SaSoAA2012
Minors must not be admitted unless accompanied by a parent or legal guardian.
What must be displayed at a licensed premise? SaSoAA2012
Copy of the licence must be displayed at all times. Must be easy to read at the entrance of the premise. Outlines the max hours and conditions attached.
The managers name must also be displayed.
What are the exemptions for staff working in supervised and restricted areas? SaSoAA2012
Restricted and Supervised
- cleaning, repairing, maintaining, altering or restocking the 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
What are the elements of Minors on Licensed Premises? S244 SaSoAA2012
- Being under 18 years
- is found in any
- restricted area
OR
supervised area unless accompanied by a parent or guardian - on licensed premises
What is the penalty for Minors on Licensed Premises? S244
Duty Manager at District Court $2000 or a $250 ION.
Minor at District Court $1000 or a $250 ION.
Why does ‘found’ mean? SaSoAA2012
Being located on the premises, seen entering or leaving. Does not need to be found consuming alcohol.
What does ‘guardian’ mean? SaSoAA2012
Person who has permanent lawful custody of a minor in the place of a parent.
Who can enter a supervised area? SaSoAA2012
A person of any age if accompanied by a parent or legal guardian.
What is the list of offences that can be enforced via an Alcohol ION?
- Consumed alcohol in an alcohol banned area.
- Possessed alcohol in an alcohol banned area.
- U18, not accompanied by a parent or guardian, has alcohol to consume in a public place.
- Minor in restricted area of licensed premises.
- Minor not accompanied by a parent or guardian in a supervised are on licensed premises.
- Manager/Licensee allowed a minor in restricted area of licensed premises.
- Presented evidence of age containing false information.
What are the elements for Minors Purchasing Alcohol? S243 SaSoAA2012
- Being under 18 years
- purchases
- any alcohol on or from a licensed premises
What is the penalty for Minors Purchasing Alcohol? SaSoAA2012
$2000 for licensee
$250 ION for minor
What is S260? SaSoAA2012
Alcohol Infringement Offence Notice $250
What is Police Power to Enter Licensed Premises?
S267 SaSoAA2012
A Constance may enter
- At any reasonable time
• to ascertain compliance with this Act.
- At any time
• RGTB that an offence against this Act is being committed.
If you are refused entry, consider arrest for Obstructing a Constable.
What is your Power to Temporary Close Licensed Premises?
S266 SaSoAA2012
- Riot
- Fighting or serious disorder
Max time frame 24 hours from the end of the day that the order was made.
What is you power to demand details? SaSoAA2012?
S269 SaSoAA2012
Reasonable cause to suspect committing offence against this Act;
- Demand name, address, D.O.B
- Require ID
- Must caution/warn they can be arrested
- Arrest under 269(3) refusing to give details.
What is vicarious liability? SaSoAA2012
Managers and owners are legally liable for any offences against SaSoAA2012 committed by bar staff.
The defence for this is if a staff member is acting outside of their scope of employment or training.
What is S256? SaSoAA2012
Allows person to be on licensed premises outside licensing hours.
30 minutes after the premises is required to close.
What is S252? SaSoAA2012
Allows intoxicated person to be or remain on licensed premises.
Defence if the manager can prove they took reasonable steps to take the person to a place of safety, or remove the person once aware of the situation.
What is S239? SaSoAA2012
Sale and supply of alcohol to minors.
Defence of the defendant proves they sighted ID.
What are the identity documents are accepted for SaSoAA2012?
- NZ Drivers Licence
- Passport
- Kiwi Access Card
What are the elements for Minor Drinking in a Public Place? S38(3)(a) SOA1981
- Minor
- drinks
- alcohol
- in any public place
- while not accompanied by his or her parent or legal guardian.
What are the elements for Minor in Possession of Alcohol for Consumption? S38(3)(b) SOA1981
- Minor
- has in his/her possession for the consumption of
- alcohol
- in any public place
- while not accompanied by his or her parent or legal guardian.
What are the elements of Alcohol Offences on Public Transport? S38(1) SOA1981
- Any person
- Drinks
- supplies/offers to anyone
- has possession/control for consumption therein
- alcohol
- in or on public transport
What are the requirements to detox someone?
- incapable of protecting themselves from physical harm
- likely to cause physical harm to another person
- likely to cause significant property damage
What are the practical procedures for a person detained for detox?
- Take the person home unless
- cannot obtain address
- not safe
- impractical - Take to a temporary shelter unless
- closed or unavailable - Take to the Police Station for detox
(12 hours)
Treat partially or unresponsive detainees as a medical emergency and hospitalisation is required.
What is the max time frame for detox?
12 hours
an extra 12 hours if approved by a medical practitioner
What is S247? SaSoAA
Unauthorised sale or supply (not complying with the Act)
What is S248? SaSoAA
Sells or supplies to intoxicated person
What is S249? SaSoAA
Allows a person to become intoxicated
What is S253? SaSoAA
Allows violent, quarrelsome, insulting or disorderly conduct on licensed premises
What is S241? SaSoAA
Every person commits an offence who supplies alcohol to a minor.
Defence
a) is parent/legal guardian or minor
b) believes on r grounds that the minor is not a minor
d) believes on r grounds that he or she has express consent of the parent/legal guardian
What is the corresponding offence to S255? SaSoAA
The patron being found on licensed premises 30 minutes after closing time. $2000 fine.
Exemptions include - family or spouse of licensee or manager - any lodger or guest of lodger - any employee residing on premises - employee working on premises • cleaning/repairing/restocking • removing equipment • checking/removing cash - employee working gets 60 minutes on premises after their scheduled work hours -
What does SCAB mean?
Intoxication Assessment Tool S - speech C - coordination A - appearance B - behaviour
2 or more are impaired
