Sale and Supply Alcohol Act 2012

Question 1

Section 266 - Sale/Supply Alcohol Act 2012 - When can police close a licensed premises?

Answer 1

• if a riot is taking place or RGTB it will take place
• if there is fighting or serious disorder or RGTB a fight will break out
• if there is significant threat to public health or safety
• if there is substantial public nuisance
• RGTB offences carrying 5 years or more imprisonment have been committed and there is risk will continue to be committed

Question 2

How long can a constable order the closure of a licences premise?

Answer 2

A constable may order the closure of any licensed premise until a time stated in the order which must be no later than 24 hours from the end of the day on which the order was made.

Question 3

Section 267 - when can a constable enter a licensed premise to check compliance?

Answer 3

• a constable may at any reasonable time enter to inspect any licensed premise to ensure compliance
• a constable may at anytime enter the premise if they have RGTB that an offence against this act is being committed at that premise.

Question 4

Section 269 - police power to demand information

Answer 4

A constable who has RGTB any person has/is/will commit an offence against this act, may require that person to provide their name, address and DOB

If the person fails or persists in refusing to provide their particulars and after being cautioned still refuses he/she may be arrested without warrant.

Question 5

Who is authorised to close a premises?

Answer 5

Any constable satisfied on reasonable grounds that one of circumstances listed in section 266 exist.

The constable should inform a supervisor of Sgt rank or above for authority to immediately close a licensed premise.

Question 6

Section 169 - breach of liquor ban powers

Answer 6

A constable may without warrant, for the purpose of ascertaining whether alcohol is present search:

• any container in the possession of the person
• a vehicle that is entering a restricted area

Seize and remove alcohol
Arrest any person committing an offence
Arrest a person who refuses to comply with a request by a constable to leave a restricted place or surrender any alcohol

Question 7

Before you search a container or vehicle you must?

Answer 7

Inform the person they can remove the container or the vehicle from the public place AND
Provide them a reasonable opportunity to remove the container or vehicle

Question 8

What are the liquor ban enforcement principals?

Answer 8

• enforcement will not be directed to strict compliance
• question of time, place, circumstances as to whether it is appropriate to take action
• enforcement is to prevent alcohol related harm and anti social behaviour

Question 9

What is the definition of RIOT?

Answer 9

As a group of 6 or more people who, acting together, are using violence against people or property to the alarm of people in the neighbourhood.

Question 10

Is it an offence to have an open bottle of beer and an unopened bottle of wine in a liquor ban area if he had just left a pub and is walking through the banned zone to give the wine to his partner in his house?

Answer 10

No offence for the wine because it is unopened but it is an offence for the bottle of beer.

Question 11

Define alcohol

Answer 11

1.15% in any form

Question 12

Closure of licensed premises - section 266

Answer 12

As soon as the order is given, the licensee or manager may apply to a district court Judge OR any 2 or more justices OR any 7 or more community magistrates for the revocation of the order.

Question 13

Breach of liquor ban - section 147 - exemptions

Answer 13

Unopened alcohol containers may be:

• transported from off licensed premises next to a public place if it was lawfully bought on those premises for consumption off those premises and it is promptly removed from the public place.
• transported from outside a public place for delivery to licensed premises next to the public place
• transport from outside a public place to premises next to a public place by or for delivery to a resident of those premises or by their bona fide visitors
• transported from premises next to a public place to a place outside the public place if the transport us undertaken by a resident of those premises and the alcohol is promptly removed from the public place

Question 14

Exception to the rules around searching a vehicle etc without giving the warning

Answer 14

You may immediately and without further notice search a container or a vehicle if the territorial authority has:

• specified the public place (by public notice given 14 days in advance) where and when police are authorised to search and
• indicated the location of the public place by one or more clearly legible notices affixed in one or more conspicuous places on, or adjacent to the place to which the notice relates, unless it is impracticable or unreasonable to do so.