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General Knowledge. > OF12: Sale and Supply of Alcohol Act 2012 > Flashcards

OF12: Sale and Supply of Alcohol Act 2012 Flashcards

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1
Q

What are the four types of licenses available under the Sale and Supply of Alcohol act 2012?

A

1) On - Licence
2) Off - Licence
3) Special Licence
4) Club Licence

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2
Q

Define ‘Intoxicated’

A

Observably affected by alcohol, drugs or other substances:
S - Speech is impaired
C - Co-ordination is impaired
A - Appearance affected
B - Behaviour is impaired

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3
Q

Define ‘Licenced Premises’.

A

Premises for which a licence is held.

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3
Q

What is a ‘Licenced Premises’?

A

Premises for which a licence is held.

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4
Q

What is a ‘Supervised area”?

A

An area where minors must not be permitted unless accompanied by a parent or guardian.

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5
Q

What is a ‘Minor’?

A

Anyone under the age of 18.

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6
Q

What is a ‘Restricted Area’?

A

An area where persons under the age of 18 must not be permitted.

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7
Q

Define ‘Alcohol’.

A

A substance that contains 1.15% of ethanol by volume of weight.

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8
Q

What information needs to be permanently displayed at a licensed premises

A

1) Display their license.
2) Display of Manager’s ID

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9
Q

What does a ‘On-Licence’ authorise the holder to do?

A
  • Sell
  • Supply
    &
  • Allow consumption of alcohol on the premises
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10
Q

What does a ‘Off-Licence’ authorise the holder to do?

A
  • Sell
  • Deliver
    &
  • Arrange delivery of alcohol for consumption OFF THE PREMESIS

(Allows for - complimentary samples/promotional tasting at bottle stores)

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11
Q

What does a ‘Club Licence’ authorise the holder to do?

A
  • Sell
  • Supply
    Alcohol for consumption on at that place to any:
  • member of the club
  • guest accompanied by a member of the club
  • Another member from another club with visiting rights.
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12
Q

How many kinds of special licenses are there?

A

There are two types of special licenses:

1) On Site
2) Off Site

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13
Q

What does an ‘On site’ Special Licence allow the holder to do?

A
  • Sell
    &
  • Supply

Alcohol on any premises to any person attending the occasions or events described in the licence

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14
Q

What does an ‘Off site’ Special Licence allow the holder to do?

A
  • Sell

Alcohol on any premises to any person attending the occasions or events described in the licence.

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15
Q

What does sections 56 & 57 of the Sale and Supply of Alcohol Act 2012 refer to?

A

Licence must be displayed at all times.

It mist be:
- Attached to the interior of the premises
OR
- Where it can be easily be read by people entering through each principle entrance.

16
Q

What does S214(3) of the Sale and Supply of Alcohol act 2012 refer to?

A

Manager on duty is required to have their name clearly displayed inside the premises.

17
Q

What does S244 of the Sale and Supply of alcohol act refer to?

A

It is an offence under S244 if a minor (under the age of 18) is FOUND:

  • Unsupervised in a supervised area

OR

  • Restricted area
18
Q

What are the penalties associated with Minors BEING FOUND in Restricted or Supervised areas

A

Duty manager:
$2000 fine from the district court or $250 infringement notice.

Minor:
$1000 fine from the court or $250 infringement notice?

19
Q

What are the exceptions that allows minors to be in Restricted or Supervised areas?

A

If they are employed for the purposes of:

  • Cleaning
  • Removing/replacing
    equipment
  • Checking/removing cash
  • Preparing or serving meals

Note: Minors can be employed to sell and supply alcohol in Supervised areas only.

20
Q

What does S243 of the Sale and Supply of Alcohol Act 201

A

It is an offence under S243 if a minor (under the age of 18) PURCHASES alcohol on or from any licensed premises.

“GET OUT YOUR ONLY A BABY”

21
Q

What are the penalties associated with Minors PURCHASING alcohol?

A

Licensee:
$2000 Fine.

Minor:
$250 infringement notice.

22
Q

What does S260 of the Sale and Supply of Alcohol Act 2012 refer to?

A

Infringement notices.
S260 - “YOU OWE ME $250!”

Alcohol Infringement Offence notices.
$250

23
Q

What does S252 of the Sale and Supply of Alcohol act 2012 refer to?

(Offences by management)

A

Its an offence under S252 to allow intoxicated people to remain on the premises.

“YOUR DRUNK NOT THE PLACE FOR YOU”

24
Q

What is the defense for S252 of the Sale and Supply of Alcohol act 2012?

A

Licensee can prove that they have taken reasonable steps to take a person to a place of safety

OR

Remove the person when they become aware of the situation.

25
Q

What does S253 of the Sale and Supply of Alcohol act 2012 refer to?

(Offences by management)

A

S253 - Its an offence under S253 to allow violent insulting or disorderly conduct on a licensed premises.

Fine:
$10,000 to licensee and/or manager.

“ARE YOU INSULTING ME?”

26
Q

What is the defense for S253 of the Sale and Supply of Alcohol act 2012?

(Management Offences)

A

Licensee can prove that they have taken reasonable steps to take a person to a place of safety

OR

Remove the person when they become aware of the situation.

27
Q

What does ‘Vicarious liability’ mean?

A

Both the licensee or manager is legally liable as well for offences committed by bar staff.

28
Q

What does S247 of the Sale and Supply of Alcohol act 2012 refer to?

(Offences by management)

A

S247 - It is an offence under S247 to allow unauthorised sale and supply - Not complying with the act.

Licensee:
Fine $20,000/ Suspend licence for up to 7 days.

Manager:
$20,000

29
Q

What does S256 of the Sale and Supply of Alcohol Act 2012 refer to?

(Management Offences)

A

S256 - ALLOWING PEOPLE ON PREMISES OUTSIDE OF LICENSED HOURS.

S256 - ‘Get out Pr!cks’

(This comes into effect if any person remains on that premises for more than 30mins after the licensed timeframe.)

30
Q

What information must be prominently displayed at a licensed premises?

A

1) COPY OF LICENCE - must be prominently displayed and needs to be easily read by people entering through each enterance.

2) MANAGER’S NAME - must be prominently displayed and needs to be easily read by people entering through each enterance.

31
Q

What are the defences under S241(3) for selling to or supplying a minor with alcohol?

A

S241(3) - If the person supplying the alcohol:

1)Is a parent/guardian and supplies the alcohol in a responsible manner.

2) Believes on reasonable grounds that the minor is not a minor.

3) Believes on reasonable grounds that he/she has the consent of a parent and supplies alcohol in a responsible manner

32
Q

What does S267(1) of the Sale and Supply of Alcohol Act 2012 give you the power to do?

A

S267(1) - POWER OF ENTRY

Power to enter and inspect any licensed premises/any part to ensure that the licensee complies with the provisions of the Act

33
Q

What does S267(2) of the Sale and Supply of Alcohol Act give you the power to do?

A

S267(2) - POWER TO ENTER

Power to enter any licensed premises/any part if you have reasonable grounds to believe that there is an offence being committed against the Act on that premises.

34
Q

What does S267(4) of the Sale and Supply of Alcohol Act refer to?

A

S267(4) - FAILURE TO PROVIDE DETAILS.

A person on a licensed premises commits an offence and is liable on conviction to a fine not exceeding $2000 if they refuse or fail to:

(a) to produce the licence or any document when required to do so.

(b) to provide any assistance or information when required to do so.

35
Q

What does S269 of the Sale and Supply of Alcohol act 2012 give you the power to do?

A

S269 - POWER TO DEMAND PARTICULARS

Name
Address
DOB

if RGTS that a crime
Has been committed
Is being committed
Is attempting to commit an offence.

36
Q

What does S269(3) of the Sale and Supply of Alcohol act 2012 give you the power to do?

A

S269(3) - POWER TO ARREST

If a person persists in their failure or refusal after they have been cautioned, you can arrest them without warrant under sub section 3.

37
Q

What does S266 of the Sale and Supply of Alcohol act 2012 give you the power to do?

A

S266 - POWER TO CLOSE LICENSED PREMISES FOR 24HRS.

Police have the power to close these premises in order to prevent incidents such as (rioting, serious disorders etc) or to regain control of an incident that is out of control.

General Knowledge. (35 decks)

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