Sale and Supply Alcohol Act 2012 Flashcards
Sale and Supply Alcohol Act 2012 outlines vicarious liability. What is this?
Licensee liable for offences committed by bar staff. Licencee still liable if no knowledge of offence HOWEVER staff must be acting within scope of their authority. NOT defence to claim employee fail instructions ONLY defence if licencee attempt to ensure employees compliance with instructions.
Section 1 outlines the main object of the Act which is?
Sale/supply of alcohol should be undertaken safely and responsibility and reduce the harm caused by the excessive or inappropriate consumption.
Section 14 list what an on-licence is?
An on-licence authorises the holder of licence to 1. sell, 2. supply, 3. allow consumption of… alcohol on the premises or conveyance (transport vessal)
Section 17 lists what an off-licence is?
An off-licence authorises the holder of licence to 1. sell, 2. deliver, 3. arrange for delivery of… alcohol for consumption off the premises
Section 21 lists what a club-licence is?
A club licence authorises the holder of licence to 1. sell, 2. supply… alcohol for the consumption on the premises to any member/guest accompanied by member/member of another club with visiting rights
Section 22 lists what a special-licence is?
Special licence,
(1) on site = sell/supply alcohol on premises for persons attending occassion or event described in licence
(2) off site = sell alcohol consumption elsewhere to any persons attending occassion or event described in licence
Section 56 & 57 outlines that what must be displayed at all time?
A copy of licence must be displayed at all times (so as easily read by people entering through each principle entrance)
Section 214(3) outlines what must be displayed?
While manager on duty, managers name must be displayed inside premises
Section 239 offence to sell alcohol to under 18.
OFFENCE to be licensee, sell or supply alcohol or allows alcohol to be sold or supplied, on or from licenced premises, to any person 17-
PENALTY = $10000fine and suspension for 7days.–
> DEFENCE if defendant had RBTG person 18 by sighting age document(approved) or they didnt not know person who they supplied alcohol to was going to supply it to a minor
Section 241 offence to supply alcohol to under 18.
OFFENCE for anyperson who supplieds alcohol to a minor –>
DEFENCE if you are parent, believe not minor, believes minor has consent from parent and supplied in reasonable manner
Section 242 offence to employ minors.
offence to employ minors in a restricted area while that area is open for sale of alcohol (DOESN”T APPLY IF MINOR IS LICENSEE’S SPOUSE). EXEMPTION if minor is cleaning, stocktaking, checking cash, preparing meals. —>
under 244 minors can serve alcohol in supervised areas, under 242 minors cannot serve alcohol in restricted areas.
Section 119 outlines the differences between restricted and supervised areas?
It is part of issuing an on-licence that the areas be listed as either restricted or supervised (minors allowed with supervision).
Section 243 offence for minors purchasing alcohol
Minors purchasing alcohol, <18, purchases, any alcohol on/from licenced premises. $2000 for licensee $250 for minor. DEFENCE FOR LICENCEE only passport, 18+HANZ, or DL if sighted can be a defence against prosecution, if sight something else to establish age then no defence for licencee.
Section 244 offence for minor in an area.
minor in area; <18, is found in any, restricted area/supervised area UNLESS SUPERVISED BY PARENT/G, on licenced premises. $2000 fine at court or $250 aion for manager, $1000/$250 for minor. INCLUDES seen leaving and minors do need to be found drinking or consuming alcohol. A person of any age may be in supervised area if accopmanied.
Section 248 offence
Sells or supplies alcohol to intoxicated person.
Section 249 offence
Allows a person to become intoxicated.
Section 252 offence
Allows intoxicated person to remain on licence premises.
Defence if licencee proves they took reasonable steps to remove person when they became aware.
Section 253 offence
Allows violent, quarrelsome, insulting or disorderely conduct on licence premise.
Defence if licencee proves they took reasonable steps to remove person when they became aware.
Section 255 offence
Anyone found on licences premise 30 mins after closing hours.
Exemptions if family, employees, residents, etc.
Section 266 power to close
Power to close licence premises; can close for however necessary to prevent such events of riots/fighting/threat to public safety/max penalty 5yrs, must close no later 24hrs from day end of order made, fail to comly $10000 fine
Section 267 power to enter
Power to enter; a constable, at any reasonable time, enter, to ascertain if licencee is complying with act, any person who unreasonable, refuses/fails to admit constable who demands entry, commits offence liable on conviction to $2000. No POA for this except obstruction.
A constable, at any time, enter, RGTB offence against SSAA being committed, any person who unreasonably, refuses or fails to admit constable who demands entry, commits offence liable on conviction to $2000. No POA for this expect Obstruction
Section 269 power to demand information
Power to demand information; when constable GCTS any person, has/is/is attempting to commit, any offence against this act, constable may require name/addres/dob,
if constable has RGTB details false may require evidence, if fails to give details or gives falses, CAUTION, then arrest
Does an intoxicated person commit an offence in a licensed premises?
No, only the licensee or manager commits an offence.
You can only demand particulars from persons suspected of committing an offence. So not from intoxicated patrons.
Make licensee aware and get them to eject patron. Otherwise can only arrest for summary offences such as disorderly behaviour.
Does an intoxicated person commit an offence in a licensed premises?
No, only the licensee or manager commits an offence.
You can only demand particulars from persons suspected of committing an offence. So not from intoxicated patrons.
Make licensee aware and get them to eject patron. Otherwise can only arrest for summary offences such as disorderly behaviour.
