Reduction of Alcohol-Related Harm

Question 1

Explain Section 4 - Object?

Answer 1

(1) The object of this Act is that -
(a) The sale, supply and consumption of alcohol should be undertaken safely and responsibly; and
(b) the harm caused by the excessive or inappropriate consumption of alcohol should be minimized

(2) For the purposes of subsection (1), the harm caused by the excessive or inappropriate consumption of alcohol includes -
(a) any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and
(b) any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in paragraph (a).

Question 2

Explain Section 265 - Closure of premises by order?

Clue: Subsections (1), (3), (5) and (6)

Answer 2

(1) This Section applies if a riot occurs, or there are reasonable grounds for believing that a riot may occur, in any place
(3) Any Constable may use any force that may be necessary for the purpose of closing any licensed premises to which the order applies
(5) A person who sells any alcohol on or from any licensed premises to which the order applies at any time while the order is in force commits an offence.
(6) A person who commits an offence against subsection (5) is liable on conviction to a fine of not more than $3,000.

Question 3

Explain Section 266 - Closure of licensed premises by Police?
Clue: Subsections (1), (2), (3), (6), (7), (8) and (9)

Answer 3

(1) This Section applies in the following circumstances:
(a) If a riot is taking place or there are reasonable grounds for believing that a riot may occur on any licensed premises; or
(b) if there is fighting or serious disorder or ther are reasonable grounds for believing that fighting or serious disorder is about to break out on any licensed premises; or
(c) if there is a significant threat to public health or safety; or
(d) if the conduct on any licensed premises amounts to a substantial public nuisance; or
(e) if there are reasonable grounds for believing offences have been committed on the 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.

(2) A Constable may order the closure of any licensed premises or any specified part of any licensed premises for the sale of alcohol until a time stated in the order, which time must not be later than 24 hours from the end of the day on which the order was made, or order any person to leave the premises or that specified part of them.
(3) Any Constable may use any force that may be necessary for the purpose of closing the licensed premises or any part of the licensed premises.
(6) A licensee or a manager of any licensed premises to which the order applies who keeps the premises open or the specified part of them open for the sale of alcohol in contravention of the order commits an offence.

(7) A person who commits an offence against subsection (6) is liable on conviction -
(a) in the case of a licensee, to either or both of the following:
(i) a fine of not more than $10,000;
(ii) the suspension of the licensees licence for a period of not more than 7 days;
(b) in the case of a manager, a fine of not more than $10,000

(8) A person who sells any alcohol on or from the licensed premises or the specified part of the licensed premises at any time while the order is in effect commits an offence.
(9) A person who commits an offence against subsection (8) is liable on conviction to a fine of not more than $3,000.

Question 4

Explain Section 267 - Powers of entry on licensed premises?

Clue: Subsections (1), (4) and (5)

Answer 4

(1) A Constable or an Inspector may at any reasonable time enter and inspect any licensed premises, or any part of any licensed premises, to ascertain whether the licensee is complying with the provisions of this Act and the conditions of the licence.

(4) A person commits an offence and is liable on conviction to a fine of not more than $2,000 who, without reasonable excuse;
(a) refuses or fails to admit to any licensed premises any Constable or Inspector who demands entry under this Section; or
(b) delays unreasonably in admitting to any licensed premises any Constable or Inspector who demands entry under this Section.

(5) A person commits an offence and is liable on conviction to a fine of not more than $2,000 who, being the licensee or a manager of any licensed premises, without reasonable excuse, refuses or fails -
(a) to produce the licence or any document when required to do so under subsection (3)(a); or
(b) to provide any assistance or information when required to do so under subsection (3)(b)

Question 5

Explain Section 269 - Power of Police to demand information?

Answer 5

(1) A Constable who has reasonable cause to suspect that any person has committed or is committing or is attempting to commit any offence against this Act may require the person to provide particulars of his or her name and address and date of birth
(2) A Constable who believes on reasonable grounds that any particulars provided on requirement under subsection (1) are false may require the person concerned to provide satisfactory evidence of particulars.
(3) If any person, without reasonable excuse, refuses or fails

(4) A person commits an offence and is liable on conviction to a fine of not more than $2,000 who, having been required by any Constable to provide any particulars or evidence under this Section, without reasonable excuse -
(a) refuses or fails to provide the particulars or evidence; or
(b) provides any particulars or evidence knowing that the particulars or evidence are false in a material respect.

Question 6

Definition: Riot

Answer 6

. ‘Riot’ is not defined under the Sale and Supply of Alcohol Act 2012.
. See Sections 86 and 87 Crimes Act 1961, where “riot” is defined as “a group of 6 or more persons who, acting together, are using violence against persons or property to the alarm of persons in the neighbourhood”.

Question 7

Definition: Licensed premises

Answer 7

Are any premises for which a licence is held for the sale, supply of consumption of alcohol.

Question 8

Definition: Licensee

Answer 8

A person who holds a licence; and in relation to any licensed premises, means the person who holds the licence concerned.

Question 9

Definition: Manager

Answer 9

A manager of licensed premises appointed under the Sale and Supply of Alcohol Act; and in relation to any licensed premises, means a manager of those premises.

Question 10

Factors to consider when deciding to close licensed premises?

Answer 10

• When deciding whether it is necessary to close licensed premises for the sale of alcohol, Police must consider the risk of closure and the impact of the closure on the licensee.
• Police need to consider the effect of having disgruntled patrons being removed from the premises and the elevated likelihood of disorder in the locality.
• The impact on the licensee should also be considered as frivolous closure of licensed premises may cause undue financial impact, and result in criticism of Police.

- Police must take account of:
. The weight of evidence supporting a closure
. Previous interactions with Police 
. Likelihood of escalating violence
. Duration of the closure
. Consider and apply TENR

Question 11

Deciding the duration of the closure?

Answer 11

• When deciding the duration of the closure of licensed premises, Police must consider:
  . When order is likely to be restored
  . The closure sufficient to address public nuisance concerns
  . The impact on the licensee