Sale And Supplu Of Alcohol 2012 Flashcards
Section 43: default national maximum trading hours
(1) The default maximum trading hours
(A) between hours 8am on any day and 4am on the next day with on licence.
(B) between 7am and 11pm on any day for off licence
Section 47 and 48
Impose restrictions to sale and supply of alcohol during holiday times. Anzac morning, Good Friday, Easter Sunday, Christmas Day
Display of licence section 56, 57
Copy of the licence must be displayed at all times. It must be attached to the interior of the premises. Through each principal entrance.
The licence outlines the maximum hours of trade and any condition
Section 214 (3)
Display of managers identity. The manager must be prominently displayed inside the premises.
Power of arrest for obtaining details
Summary offences act 1981, section 39(2)
Minors drinking in a public place. Summary offences act 1981 section 38 (3)(a)
- Every person under 18 years of age
- Who drinks
- Any alcohol
- In any public place
- While not accompanied by their parents or legal guardian
Minor possession of alcohol and consumption. Summary offences act 1981 section 38(3)(b)
- Every person under 18 years of age
- Who has in his/her Possession for the consumption of
- Any alcohol
- Public place
- While not accompanied by a legal guardian
Offences By Management
Allowing persons to be on licensed premises outside licensing hours – any time later than 30 minutes after close time $10,000 fine
Vicarious liability
Bar staff = Licensee/manager
Allowing intoxicated person to be on licensed premises $5,000 fine
Supplying alcohol to minors
$10,000 fine and/or 7 days suspension (Licensee) $10,000 fine (Manager)
$2,000 (Employee)
Section 267 Sale and Supply of Alcohol 2012
A constable may, at any reasonable time, enter and inspect licensed premises: - to ascertain if licensee is complying with act
- RGTB any offence against this act is being committed on those premises
Section 269 Sale and Supply of Alcohol 2012
When a constable has reasonable cause to suspect any person - has/is/attempted to commit
Any offence against this act, a constable may demand
- Name
- Address
- Date of Birth
Public Place And Alcohol (1)
Under 18 in possession of liquor for consumption in a public place
- Has in his/her possession for the consumption of (intent to consume) - Not accompanied by their parents or legal guardian
Public Place And Alcohol (2)
Public transport offence (any age)
- Drinks, supplies, offers to supply or possess for consumption
All chartered transport unless licensed.
You have the power to seize the alcohol – Section 45 Summary Offences Act 1981
Section 36 Policing Act 2008
A constable may take an intoxicated person
- Home to their address, unless not safe/impractical/address unobtainable - Take to a temporary shelter, unless closed/unavailable
- Take to a police station (12 hours, allowed one phone call)
Unresponsive or partially = Hospital
Must caution/read rights as they are being “detained” + S85 Rub Down CYP should be directed to the Youth Aid Office
On licence
Authorises to
- Sell
- Supply
- Allow consumption of alcohol on the premises
