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RNZPC-336 > Offences 12 : Alcohol > Flashcards

Offences 12 : Alcohol Flashcards

1
Q

four kinds of licences available under the Sale and Supply of
Alcohol Act 2012.

A 
The four licences are:
• on-licence
• off-licence
• club licence
• special licence.
Unless otherwise specified, the references to legislation are to the Sale and
Supply of Alcohol Act 2012.
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2
Q

Section 14 An on-licence authorises the holder of the licence to:

A

• sell
• supply
• allow consumption of
alcohol on the premises or conveyance described in the licence.

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3
Q

Section 17 An off-licence authorises the holder of the licence to:

A

• sell
• deliver
• arrange for delivery of
alcohol for consumption off the premises described in the licence.

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4
Q

Section 21 A club licence authorises the holder of the licence to:

A

• sell
• supply
alcohol for consumption on the premises described in the licence to
any:
• member of the club
• guest accompanied by a member of the club
• member of another club with reciprocal visiting rights.

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5
Q

Section 22 There are two kinds of special licence:

A

(1) on site
− sell
− supply
alcohol for consumption on the premises to any
− person attending any occasion(s) or event(s) described in the licence.
(2) off site
− sell
alcohol for consumption elsewhere to any
− person attending any occasion(s) or event(s) described in the license.

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6
Q

Identify what information must be prominently displayed at a licensed
premises

A

A copy of the licence must be displayed at all times.The licence outlines the maximum hours of trade and any conditions
attached

At all times while any manager is on duty in respect of any licensed
premises, the manager’s name must be prominently displayed inside the
premises.

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7
Q

“Intoxication” in relation to symptoms

A

intoxicated means observably affected by alcohol, other drugs,
or other substances (or a combination of 2 or all of those things)
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

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8
Q

Licensed premises

A

licensed premises means any premises for which a licence is

held

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9
Q

Restricted area

A

restricted area—
(a) means an area that is designated (under section 119 or a
corresponding provision of a former licensing Act) as an
area to which minors must not be admitted; and
(b) in relation to any licensed premises or the licensee or a
manager of any licensed premises, means an area of those
premises that is designated (under this Act or a former
licensing Act) as an area to which minors must not be
admitted

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10
Q

Supervised area

A

supervised area—
(a) means an area that is designated (under section 119 or a
corresponding provision of a former licensing Act) as an area
to which minors must not be admitted unless accompanied
by a parent or guardian; and
(b) in relation to any licensed premises or the licensee or a
manager of any licensed premises, means an area of those
premises that is designated (under this Act or a former
licensing Act) as an area to which minors must not be
admitted unless accompanied by a parent or guardian

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11
Q

“Duties of the

police”

A

• Providing a vetting service for all licence applications and manager’s
certificate applications. This is to ensure that unsuitable people do not
obtain a licence and that licences that are issued comply with the
legislation.
• Enforcing the provisions of the Act in relation to licensees, managers,
staff and patrons through the District Court or Alcohol Regulatory
Licensing Authority (ARLA) tribunal hearings, as appropriate.
• Enforcing the offence provisions of the Act where alcohol is being sold,
supplied or consumed without a licence, in breach of the Act.

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12
Q

“Building

partnerships”

A

Licensed premises compliance checks are part of everyday policing in most
New Zealand communities. By speaking to patrons in normal conversation,
rather than in interview situations, you will gradually put them at ease and
they will be more likely to give their support.

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13
Q

Intoxication in relation to sale of alcohol

A

It is an offence for licensees to sell or supply alcohol to people who are
intoxicated. It is also an offence for licensees and managers to allow any
intoxicated person to be on, or remain on, the licensed premises. The Act
therefore sends a clear message to licensees and managers that it is
unacceptable to allow drunkenness on licensed premises.

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14
Q

Guidelines for Dealing with Intoxicated People

A

Avoid tactics that
lead to
confrontation
When dealing with intoxicated individuals, it is best practice to be mindful of
your PITT principles.
Officer tactics such as derogatory remarks, threats and physical coercion are
known to increase the likelihood of a person not co-operating. Officers
should minimise the use of them. These tactics at times lead to the escalation
of conflict and therefore should be used with discretion.
Your AWOCA principles should always apply in these types of situations:
• Ask
• Why
• Options
• Confirm
• Action.

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15
Q

Under what circumstances can you take an intoxicated person to a police
station?

A 
• and the person is incapable of
protecting themselves from physical
harm
• likely to cause physical harm to
another person
• likely to cause significant damage to
any property

and the following are not available:
a person home
temporary shelter

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16
Q

Define what constitutes public transport for the purposes of alcohol
offences in a public place

A

Vehicles, vessels and trains carrying passengers for
reward, including any chartered transport
Licensed transport such as the bar on the Cook
Strait ferry is not included

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17
Q

Has an offence been committed in the following situations?
You locate three youths 17 years old walking down the road with a large
bottle of beer. When questioned, they state that they are going to the park
to have a drink of beer.

A

Yes, minor in possession of alcohol.

Offence minor in Possession of Alcohol for Consumption

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18
Q

Has an offence been committed in the following situations?
You locate two youths 17 years old carrying half a dozen cans of beer.
When questioned, they state that they are taking it home to drink.

A

Yes, under age drinking with

intent to drink.

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19
Q

Elements of Alcohol Offences on Public Transport

A

Any person who

• Drinks
• Supplies
• Offers to supply
• Has possession for
consumption therein

Any intoxicating alcohol

In or on any Public Transport

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20
Q

Has an offence been committed in the following situations?
• A group of rugby supporters get onto a Wellington City bus on their way
to the rugby stadium. They open some cans of beer and start to drink
them

A

Yes, the bus is public transport.

Offence committed drinks on public transport

21
Q

Powers of seizure for any offence related alcohol with minors and public drinking

A

For any of the offences covered, you have the power to seize the alcohol and
its container. This power comes from section 45 of the Summary Offences
Act. It is important that alcohol is seized and kept as an exhibit when a person
is charged.
If the person is simply warned, or charged but not convicted of the offence,
they are entitled to the return of the alcohol.

22
Q

Powers of seizure for any offence related alcohol with minors and public drinking Section 38 offences

A

For any of the offences covered, you have the power to seize the alcohol and
its container. This power comes from section 45 of the Summary Offences
Act. It is important that alcohol is seized and kept as an exhibit when a person
is charged.
If the person is simply warned, or charged but not convicted of the offence,
they are entitled to the return of the alcohol.

23
Q

Procedures for
section 38
offences

A

Identify which offence is being
committed

Person in possession of alcohol
on public transport

Determine consumption or
intent to drink and/or supply

Request name and address

Offender refuses to supply
name and address

Warn or summons(minor)

Seize alcohol for exhibit purposes

*Warn they are liable to arrest(person)

*If continues to refuse details,
arrest(person)

*Seize alcohol for exhibit purposes

24
Q

Section 36 states that:

A 
A constable may
TAKE a person whom they find
intoxicated
In a public place or trespassing on any
private property
• and the person is incapable of
protecting themselves from physical
harm
• likely to cause physical harm to
another person
• likely to cause significant damage to
any property
1
to the intoxicated person’s home unless it is not
reasonably practicable to provide for their care
and protection
2
a temporary shelter unless it is not
reasonably practicable to provide for their
care and protection
3
a Police Station – up to 12 hours or until
the person ceases to be intoxicated
25
Q

While on patrol adopt the following procedure if you find an intoxicated
person in a public place or trespassing on private property

FIRST OPTION?

A 
Take the person to their
home
Unless:
• address not
obtainable
• not safe
• impractical.
26
Q

While on patrol adopt the following procedure if you find an intoxicated
person in a public place or trespassing on private property

SECOND OPTION

A 
Take to temporary
shelter
Unless closed or (as in
most cases) not
available.
27
Q

While on patrol adopt the following procedure if you find an intoxicated
person in a public place or trespassing on private property

THIRD OPTION

A

Take to a police station
for up to 12 hours to
sober up

28
Q

Any person dealt with by the police must be:

A

• Given their caution/rights, because they are being “detained under an
enactment”.
• If detained at a police station, allowed to make one telephone call.
• Released as soon as sober. If the person is still intoxicated after 12 hours
a medical practitioner must recommend the person be further detained for
a period not exceeding 12 hours.

29
Q

Where people under the age of 17 years are found intoxicated?

A

provisions of the Policing Act 2008 apply.
Any concerns for the child or young person should be directed to the Youth
Aid Office.

30
Q

Power to Enter: Section 267
s267 (1), (2) and
(4)

A

A Constable or an Inspector

at any reasonable time
or
at any time

enter and/or inspect licensed
premises

to ascertain if the Licensee is
complying with the Act/Licence
or
they have reasonable grounds
to believe that any offence
against the Act is being
committed on those premises

Any person who without reasonable excuse and with unreasonable delay

Refuses or fails to admit any Constable or Inspector who demands entry under this section

Commits an offence and is liable on conviction to a fine of $2000

31
Q

NOTE:

A

There is no power of arrest for an offence under this section, but consider an
arrest for obstructing a constable to ensure that you gain entry.

32
Q

Power to Demand Information: Section 269

A

When a Constable has reasonable cause to suspect any person

Has committed

Is committing

Is attempting to commit

Any offence against this ACT

A Constable may require
• Name
• Address
• Date of Birth

If the Constable has a belief on reasonable grounds that the particulars

provided are false may require evidence of the particulars If any person fails or refuses to give any particulars or evidence when required to do so by a Constable, or provides any particulars or evidence knowing that the particulars or evidence are false, they shall be CAUTIONED, if they persist they may be arrested

33
Q

“Refusal to supply particulars”

A

Every person commits an offence who:
• having been required by any constable to supply any particulars or
evidence
• without reasonable excuse
• refuses or fails to supply the particulars or evidence
or
• knowingly supplies any false particulars.
Section 269(4)

34
Q

Closure of Licensed Premise by Police: Section 266 examples

A

• 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
• if there is a significant threat to public health or safety
• if the conduct on the licensed premises amounts to substantial public
nuisance
• if there are reasonable grounds for believing offences have been
committed on the licensed premises that carry a maximum penalty of 5
years or more and there is a significant risk of further such offences being
committed on the premises if the premises remain open,
Police have the power to close Licensed Premises.

35
Q

Elements for Minors Found in Restricted or Supervised Area

Section 244

A

Every person commits an
offence who:

being under 18 years

is found in any

RESTRICTED
AREA

SUPERVISED AREA
unless supervised by
a parent or guardian

on licensed premises

36
Q

Penalty for Minors Found in Restricted or Supervised Area

A

The penalty for this offence is a $2,000 fine for the duty manager if taken to
District Court or a $250 infringement notice. The minor is also liable for an
infringement notice with a fine of $250 if found unaccompanied in a
supervised / restricted area or a fine of $1000 if taken to District Court.

37
Q

Minors may also be present in supervised or restricted areas if employed for
the purposes of::

A

• cleaning, repairing, maintaining, altering, or restocking the area or any
equipment in the area; or
• removing or replacing any equipment; or
• stocktaking; or
• checking or removing cash, or
• preparing or serving any meal.
In the case of supervised areas only, minors may also be employed for the
purposes of selling and supplying alcohol.

38
Q

Minors Purchasing Alcohol

Section 243

A 
Every person commits an offence who
Being under 18 years
Purchases
Any alcohol on or from a licensed
premises
39
Q

Penalty for Minors Purchasing Alcohol

A

The penalty for this offence is a $2,000 fine for the Licensee and a $250
infringement notice for the minor.

40
Q

The types of

documents approved for this purpose are:

A
  • passport (New Zealand or overseas)
  • New Zealand driver licence
  • a ‘Kiwi Access’ card issued by Hospitality New Zealand.
41
Q

section 248 cant stand straight

Penalty?

A

Sells or supplies to intoxicated person

 Licensee - $10,000 fine
and/or suspend licence
up to 7 days
• Manager - $10,000 fine 
• Bar staff - $2,000 fine
42
Q

section 247 - it aint 24-7

Penalty ?

A

Unauthorised sale or supply
(Selling after hours)

• Licensee - $20,000 fine
and/or suspend licence
up to 7 days
• Manager - $20,000 fine

43
Q

section 249 - Couldn’t walk the line

Penalty?

A

Allows a person to become intoxicated

• Licensee - $10,000 fine
and/or suspend licence
up to 7 days
• Manager - $10,000 fine

44
Q

section 252 - didn’t get the choo!

Penalty?

A 
Allows intoxicated person to be or remain on
licensed premises
Defence: if licensee/manager proves they
took reasonable steps to remove person
when they became aware of the situation

$5,000 fine

45
Q

Section 253 - its what ever for me

Penalty?

A 
Allows violent, quarrelsome, insulting or
disorderly conduct on licensed premises
Defence: if licensee/manager proves they
took reasonable steps to remove person
when they became aware of the situation

$10,000 fine

46
Q

Section 256 - camping tricks

A

Allows persons to be on licensed premises
outside licensing hours

Penalty? $10,000 fine

47
Q

Section 239(1)
and (2) . Sale or Supply of Alcohol to Minors on or from Licensed
Premises

A

Every person commits an offence who:
• being a licensee, manager or other person
• sells or supplies alcohol or allows alcohol to be sold or supplied
• on or from licensed premises
• to any person under 18 years of age.

48
Q

Penalty for Section 239(1)
and (2) . Sale or Supply of Alcohol to Minors on or from Licensed
Premises

A

The maximum penalty for a licensee is a $10,000 fine and/or seven days
suspension of licence; for a manager, a $10,000 fine; for an employee or any
other person, a $2,000 fine.

49
Q

Section 241 - Drink up my son

A

Supplying Alcohol to Minors

Every person commits an offence who
Supplies alcohol to a minor

RNZPC-336 (6 decks)

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