OF12 - SALE & SUPPLY OF ALCOHOL

Question 1

SECTION 267

Answer 1

POWER TO ENTER LICENCED PREMISES

• Reasonable time may enter to ascertain compliance with Act/Licence, any person who refuses entry commits an offence (no power of arrest, but consider obstruction).
• Any time may enter if reasonable grounds to believe offence against this Act is being committed on those premises, any person who refuses entry commits an offence (no power of arrest, but consider obstruction).

Question 2

SECTION 269

Answer 2

POWER TO DEMAND INFORMATION

• Constable has reasonable cause to suspect any person has committed, is committing, is attempting to commit any offence against this Act, may require name, address, DOB; if believe false details, may require evidence; if fails/refuses details or evidence, caution and arrest if persist.
  EG underage, to intoxicated, staff serving
• Power of arrest is under Section 269(3) of Sale and Supply of Alcohol Act 2012

Question 3

SECTION 266

Answer 3

POWER TO TEMPORARILY CLOSE

• Police may close licensed premises if riot is taking place, fighting or serious disorder, significant threat to public health or safety, substantial public nuisance, or offences with penalties 5 years or more on the premises.
• Closures are for max 24 hours from end of day on which order was made.

Question 4

SECTION 38 SOA 81

Answer 4

PUBLIC PLACE OFFENCES
Minors
- Minor drinks alcohol in any public place – while not accompanied by their parent or legal guardian.
- Minor possess alcohol for consumption in any public place – while not accompanied by their parent or legal guardian (can carry closed alcohol from one private place to another).

Public Transport
- Drinks, supplies, offers to supply, has possession for consumption therein, and intoxicating alcohol in or on any public transport (includes chartered transport)

Question 5

SECTION 36 POLICING ACT 08

Answer 5

DETOX PROCEDURES
- Must be either incapable of protecting themselves from physical harm, likely to cause physical harm to another person, or likely to cause significant damage to any property.

1. Take them home or;
2. To a shelter or;
3. Police station for max 12 hours

• First option is to take home unless address is not obtainable, not safe, or impractical; second option is to take to temporary shelter; third option is to take to a Police Station.
• Maximum period at Station is 12 hours. If still intoxicated, medical practitioner must assess and may recommend further detainment of maximum 12 hours.

Question 6

4 LICENCES AND DISPLAY RULES

Answer 6

• On-licence (sell/supply/allow consumption on premises; relates to BYO restaurants)
• Off-licence (sell/supply/deliver off premises)
• Club licence (sell/supply/allow consumption on premises to member or guest)
• Special licence (sell/supply/allow consumption on premises for occasion, event, and/or outside hours).
• Licence and manager’s name must be displayed at all times.

Question 7

INTOXICATION ASSESSMENT TOOL

Answer 7

SPEECH
COORDINATION
AAPPEARANCE
BEHAVIOUR
observably affected ... to such a degree that 2 or more of the following are evident

Question 8

RESTRICTED VS SUPERVISED AREAS (PATRONS ONLY)

Answer 8

• No under 18 in restricted area
• Under 18 (any age) can be in supervised area if accompanied by their parent or legal guardian (someone who has permanent lawful custody of a minor in place of a parent). Can also consume alcohol.

Question 9

EXCEPTIONS - SPECIFIED WORKERS; NOT ENTERTAINERS/SPOUSE

Answer 9

Under 18 may be in supervised/restricted area for the purpose of:
- Clean, repair, maintain, alter or restock the
area/equipment
- Removing or replacing any such equipment
- Stocktaking
- Checking or removing cash
- Preparing or serving any meal.

Under 18 may serve or supply alcohol in supervised area but not in restricted area.
- Entertainers are not included in these exceptions.

Question 10

OFFENCES BY MANAGEMENT

Answer 10

• Vicarious liability means licensees or managers are legally liable for offences committed by staff; defence if can prove employee acted in breach of training
• Allows intoxicated person to be or remain on licensed premises; defence if they can prove they took reasonable steps to remove person when they became aware of them.
• Persons on licensed premises outside licensing hours if they are on premises at any time alter than 30 minutes after the premises were required to close from the sale of alcohol.
• Sells/supplies/allows to be sold or supplied on/from licensed premises to under 18.
• Defence against prosecution of licensees if minor produced passport, NZ driver licence, or a Kiwi Access card, previously known as an ’18-plus’ card.