Sale And Supply Alcohol Flashcards by Harriet Ashby

4 types of licence

On
Off
Club
Special

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What can you do with on licence

Sell
Supply
Allow consumption of on premises

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What are the default national maximum trading hours

8am-4am for sale and supply of alcohol for consumption on premises (on and club)
7am-11pm for sale of alcohol off licence
Restrictions Anzac Day, Good Friday, Easter Sunday, Christmas Day

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What section of the sale and supply of alcohol act is on licence

Section 14

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What section of act does off licence relate to

Section 17

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What does off licence allow

Sell
Deliver
Arrange for delivery of

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What section does club licence relate to

Section 21

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What does club licence allow to do

Sell
Supply
To any:
Member of club
Guest accompanied by a member of club
Member of another club with reciprocal visiting rights

Club can’t be open to the public

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What section does special licence relate to

Section 22

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What does special licence mean

2 kinds

Onsite - sell, supply
Offsite - sell for consumption elsewhere

Allows sell/supply at event or outside of hours

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Section 56 & 57

Display of licence and signs

Display of section manager identity sec. 214

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Section 244

Minors found in restricted or supervised area

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Section 243

Minors purchasing alcohol

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What is vicarious liability

Licence or manager legally liable - they don’t need to have knowledge of the offence committed by employee. But employee must be acting within scope of authority

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Defence of vicarious liability

Employee acted in breach of training
Licencee/manager may not be liable for employees disobedience to instructions
Need to be able to show fully trained, regularly supervised, good hx of their own

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Section 252

Allows intoxicated person to be or remain on licences premises

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Section 253

Allows violent, quarrelsome, insulting or disorderly conducts on licenced premises
Defence: took reasonable steps

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Section 239

Sale or supply of alcohol to minors

Manager, employee in trouble

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Section 241

Supplying alcohol to minors

Section 255

Offences by patrons - in licenced premises outside of hours (>30mins after hours)
Employee allowed 60mins after hours

Intoxication assessment

Speech
Coordination
Appearance
Behaviour

Section 267

Power to enter licenced premises
2 options
Any reasonable time eg checking compliance
At any time eg concerned offending - gambling etc

Section 269

Power to demand details

Section 266

Power to temporary close licenced premises.
Riot/risk riot, fighting/serious disorder, sig. threat to mental health, RGTB offences committed max penalty >5yrs

Can shut for 24 hours from END OF THE DAY

Section 38 S.O.A

1. <18 drinking in public place. 2. Minor in possession of alcohol for consumption (public place). Must be drinking or have possession with intent to consume in public place 3. Alcohol offences on public transport (any age) Power to arrest all= To arrest in view and no details (39(2))

Section 36 policing act

Intoxicated people In public place or trespassing private property AND incapable of protecting themselves from harm Likely to cause physical harm Likely to cause sig damage to property Take home or to shelter or to station Can hold for 12 hours Search 85 and 11

Section 14

On licence

Section 17

Off licence

Section 21

Club licence

Section 22

Special licence

Section 244

Minors found in restricted or supervised area

Section 243

Minors purchasing alcohol

Section 247

Unauthorised sale or supply

Section 248

Sells or supplies to intoxicated people

Section 249

Allows a person to become intoxicated

Section 252

Allows intoxicated person to be or remain on licensed premises

Section 253

Allows violent, quarrelsome, insulting or disorderly conduct in licensed premises

Section 256

Allows person to be on licensed premises outside licensing hours

Section 239

Sale/supply of alcohol to minors

Section 241

Supplying alcohol to minors

Section 255

Offence by patrons - being on licensed premises after hours (>30mins after closing)

Section 267

Power to enter licensed premises: At any reasonable time At any time

Section 269

Power to demand details: Committed, committing, attempting to commit Under age drinkers Intoxicated drinkers

Section 266

Power to close premises for 24 hours from end of day

Section 38 summary offences act

<18 drinking in public place <18 in possession of alcohol with intent to consume in public place Any age consuming or intent to consume alcohol in public place Power of arrest sec 39 SOA if see and refuse details

Section 36 Policing Act

Take person who intoxicated and incapable of protecting self or likely cause physical harm to others or damage to property To home, shelter or police custody Hold till when sober and capable of looking after self or for 12 hours. If still intoxicated after 12 hours then medical review and hold up to another 12 hours Can 85 and 11 SASA