Sale And Supply Of Alcohol Flashcards
What are the four licences
On-licence
Off- licence
Clubs
Special
What signs need to be displayed at premises?
- Licence attached to interior of premises through principle entrance
- managers name must be prominently displayed inside at all times
What docs as proof of age can be used for defence in prosecution?
Nz passport/ overseas
NZ DL
18 plus card
Intoxication assessment guide
Speech
Coordination
Appearance
Behaviour
2 or more must be present
What are 3 reasons you would need to take an intoxicated person into custody?
- likely to cause physical harm to themselves
- likely to cause physical harm to others
- Significant damage to property
What are the 3 options to deal with intoxicated persons
- Take them home unless not obtainable, not safe or impractical
- Take them to a temp shelter
- Police custody
What circumstances would Police take intoxicated person into custody?
If home or shelter unsafe or impractical
What is the max period you can hold a person for detox?
12 hours
Seen by medical practitioner and they recommend -
Another 12 hours
What rights does intoxicated person have?
You must give them their rights as they are detained under enactment
Allowed one release call and released when sober
What is the power to temporarily close a premises?
Section 266
What would you use section 266 to close a premises for?
Riot
Fighting or serious disorder
Under s266 how long can you close a premises for?
24 hours from the end of the day that the order was made
What are the two section 38 public places offences?
- Minors-
A) drinks alcohol in public place while unaccompanied
B) possesses for consumption in public place - public transport
- drinks or possesses (any age)
What are the offences by management?
- allows intoxicated to remain - defence tried to remove but for safety
- After hours (30mins)
- Sell/ supply to a minor. Defence if shown government ID
What is Vicarious liability
Licencee / manger liable for offence as well as patron
What is the power to enter under Sale and supply?
Section 267
Does section 267 power of entry have arrest powers?
No consider using obstruction
What can you use powers of entry for? Section 267
- ascertain if licence being complied with (no reason needed)
- on reasonable grounds to believe offence against act being committed
What is the power to demand info?
Section 269
What info can you demand under 269?
Name
Address
DOB
Under section 269 demand info what is the procedure to follow if they refuse?
1 May require ID
2 CAUTION
3. Arrest under 269 (3)
What are the 5 exemptions for staff under 18?
Supervised and restricted:
- cleaning, repairing, maintaining
- removing/ replacing equipment
- stocktake
- prepare/serve meals
- checking/ removing cash
Supervised only:
-Sell and supply liquor
