OF12: Sale and Supply of Alcohol Act 2012

Question 1

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

Answer 1

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

Question 2

Define ‘Intoxicated’

Answer 2

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

Question 3

Define ‘Licenced Premises’.

Answer 3

Premises for which a licence is held.

Question 3

What is a ‘Licenced Premises’?

Answer 3

Premises for which a licence is held.

Question 4

What is a ‘Supervised area”?

Answer 4

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

Question 5

What is a ‘Minor’?

Answer 5

Anyone under the age of 18.

Question 6

What is a ‘Restricted Area’?

Answer 6

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

Question 7

Define ‘Alcohol’.

Answer 7

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

Question 8

What information needs to be permanently displayed at a licensed premises

Answer 8

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

Question 9

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

Answer 9

• Sell
• Supply
  &
• Allow consumption of alcohol on the premises

Question 10

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

Answer 10

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

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

Question 11

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

Answer 11

• 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.

Question 12

How many kinds of special licenses are there?

Answer 12

There are two types of special licenses:

1) On Site
2) Off Site

Question 13

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

Answer 13

• Sell
  &
• Supply

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

Question 14

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

Answer 14

• Sell

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

Question 15

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

Answer 15

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.

Question 16

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

Answer 16

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

Question 17

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

Answer 17

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

• Unsupervised in a supervised area

OR

• Restricted area

Question 18

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

Answer 18

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

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

Question 19

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

Answer 19

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.

Question 20

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

Answer 20

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”

Question 21

What are the penalties associated with Minors PURCHASING alcohol?

Answer 21

Licensee:
$2000 Fine.

Minor:
$250 infringement notice.

Question 22

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

Answer 22

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

Alcohol Infringement Offence notices.
$250

Question 23

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

(Offences by management)

Answer 23

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

“YOUR DRUNK NOT THE PLACE FOR YOU”

Question 24

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

Answer 24

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.

Question 25

What does S253 of the Sale and Supply of Alcohol act 2012 refer to? (Offences by management)

Answer 25

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?"

Question 26

What is the defense for S253 of the Sale and Supply of Alcohol act 2012? (Management Offences)

Answer 26

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.

Question 27

What does 'Vicarious liability' mean?

Answer 27

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

Question 28

What does S247 of the Sale and Supply of Alcohol act 2012 refer to? (Offences by management)

Answer 28

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

Question 29

What does S256 of the Sale and Supply of Alcohol Act 2012 refer to? (Management Offences)

Answer 29

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.)

Question 30

What information must be prominently displayed at a licensed premises?

Answer 30

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.

Question 31

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

Answer 31

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

Question 32

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

Answer 32

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

Question 33

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

Answer 33

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.

Question 34

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

Answer 34

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.

Question 35

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

Answer 35

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.

Question 36

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

Answer 36

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.

Question 37

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

Answer 37

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.