OF12 Sale & Supply Alcohol

Question 1

What are the four types of licences available under the Sale and Supply of Alcohol Act 2012?

Answer 1

1. On-licence
2. Off-licence
3. Club licence
4. Special licence

Question 2

Define intoxication (per s 5, Sale and Supply of Alcohol Act 2012)

Answer 2

Observable affected by alcohol, drugs and/or other substances to such a degree that 2 or more of the following are evident;

(a) appearance is affected
(b) behaviour is impaired
(c) co-ordination is impaired
(d) speech is impaired

Question 3

Define licenced premises

Answer 3

Any premises for which a licence is held.

Question 4

Define supervised area

Answer 4

An area to which minors must not be admitted unless accompanied by a parent or legal guardian.

Question 5

Define restricted area

Answer 5

An area to which person under 18 years must not be admitted.

Note: This is matter of fact, even with parents they cannot be admitted.

Question 6

What information must be prominently displayed on a licenced premises?

Answer 6

A copy of the licence must be displayed AND the duty manager’s identity.

Note: These must be easily read by people entering through each principal entrance.

Question 7

When can minors enter supervised and restricted areas?

Answer 7

Supervised

• With a parent or legal guardian
• While working in any capacity

Restricted

Only when employed for the purposes of:

• Cleaning, repairing, maintaining, altering or restocking the area or any equipment in the area
• Removing or replacing any equipment
• Stocktaking
• Checking or removing cash
• Preparing or serving any meal

Question 8

Can minors serve alcohol in supervised and restricted areas?

Answer 8

Supervised

Yes, when employed under this role.

Restricted

Never, they can only be employed for certain purposes.

Question 9

What does ‘found’ mean in relation to a minor being in a supervised or restricted area?

Answer 9

Located in the premises, or seen entering or leaving the premises.

Question 9

Is it an offence if a minor is seen in a restricted area but has not touched alcohol?

Answer 9

Yes, mere presence is enough for this offence regardless of whether alcohol is consumed.

Question 10

When has there been a breach of ‘Allows person to be on licenced premises outside licencing hours’?

Answer 10

A person is on the premises 30 minutes after the premises were required to close.

Question 11

What is a defense under vicarious liability?

Answer 11

If the employee was disobedient to instructions ONLY IF there was a reasonable attempt to ensure that persons compliance (i.e. mandatory training, regularly supervised).

Question 12

What are the defences to ‘Sale and supply of alcohol to minors on or from licensed premises’?

Answer 12

(a) is a parent of guardian of the minor, and supplies the alcohol in a responsible manner
(b) believes on reasonable grounds that the minor is not a minor
(c) believes on reasonable grounds that he or she has the express consent of the parent of guardian of the minor, and supplies the alcohol in a responsible manner

Question 13

What are the Police’s powers with regards to licenced premises?

Answer 13

• Enter licenced premises
• Demand information from certain people
• Temporarily close premises

Question 14

At what two times (and why) can police utitlise their power to enter a licenced premises?

Answer 14

At any reasonable time

When the bar is open and to ascertain if the Licensee is complying with this Act and their licence.

At any time

Any time of the day/night if they have reasonable grounds to velieve that any offence against this Act is being committed on those premises (e.g. can see people drinking in the pub after closing time).

Question 15

Do Police have a power of arrest for being refused entry and how would they get around this?

Answer 15

There are NO powers of arrest for this (just a charge).

To get around it, the officer could charge with ‘Obstruction’.

Question 16

Explain ‘Power to Demand Information’ and any powers

Answer 16

If a Constable has reasonable cause to suspect a patron or employee is/has/attempting to commit an offence against this Act they may require their name, address and date of birth.

Refusal (or supplying false details) to do so and after being CAUTIONED grants the power to arrest.

Question 17

When can Police close a licenced premises?

Answer 17

Police can close a premises for up to 24 hours from the end of the day on which the order was made if:

• a riot is taking place or there are reasonable grounds for believing that a riot may occur on any licensed premises
• if there is fighting or serious disorder or reasonable grounds for believing that fighting or serious disorder is about to break out on any licensed premises

Question 18

What are the elements of ‘Minor in possession of alcohol for consumption’?

Answer 18

1. Minor
2. Has in his/her possession for the consumption of
3. Alcohol
4. In any public place
5. While not accompanied by his or her parent or legal guardian

Question 19

Why is ‘Alcohol offence on public transport’ unique?

Answer 19

Public transport includes private charter buses and is enforceable regardless of the age of the occupants.

Question 20

What is the definition of alcohol?

Answer 20

A substance that contains 1.15% or more ethanol by volume.

Question 21

Rugby players are caught drinking beer on a charter bus to their game, is this an offence?

Answer 21

Yes, all chartered transport is deemed to be public transport under ‘Alcohol offences on public transport’.

Note: Unless a special licence or on-licence applies.

Question 22

When can Police make an arrest for offences relating to alcohol in public places?

Answer 22

Only when they refuses to give their name and address on demand.

s39(2) Summary Offences Act 1981 where the exempted offences have their power of arrest unlocked.