Sale And Supply Of Alcohol Flashcards

1
Q

What are the four licences

A

On-licence
Off- licence
Clubs
Special

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2
Q

What signs need to be displayed at premises?

A
  1. Licence attached to interior of premises through principle entrance
  2. managers name must be prominently displayed inside at all times
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3
Q

What docs as proof of age can be used for defence in prosecution?

A

Nz passport/ overseas
NZ DL
18 plus card

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4
Q

Intoxication assessment guide

A

Speech
Coordination
Appearance
Behaviour

2 or more must be present

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5
Q

What are 3 reasons you would need to take an intoxicated person into custody?

A
  1. likely to cause physical harm to themselves
  2. likely to cause physical harm to others
  3. Significant damage to property
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6
Q

What are the 3 options to deal with intoxicated persons

A
  1. Take them home unless not obtainable, not safe or impractical
  2. Take them to a temp shelter
  3. Police custody
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7
Q

What circumstances would Police take intoxicated person into custody?

A

If home or shelter unsafe or impractical

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8
Q

What is the max period you can hold a person for detox?

A

12 hours
Seen by medical practitioner and they recommend -
Another 12 hours

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9
Q

What rights does intoxicated person have?

A

You must give them their rights as they are detained under enactment
Allowed one release call and released when sober

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10
Q

What is the power to temporarily close a premises?

A

Section 266

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11
Q

What would you use section 266 to close a premises for?

A

Riot

Fighting or serious disorder

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12
Q

Under s266 how long can you close a premises for?

A

24 hours from the end of the day that the order was made

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13
Q

What are the two section 38 public places offences?

A
  1. Minors-
    A) drinks alcohol in public place while unaccompanied
    B) possesses for consumption in public place
  2. public transport
    - drinks or possesses (any age)
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14
Q

What are the offences by management?

A
  1. allows intoxicated to remain - defence tried to remove but for safety
  2. After hours (30mins)
  3. Sell/ supply to a minor. Defence if shown government ID
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15
Q

What is Vicarious liability

A

Licencee / manger liable for offence as well as patron

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16
Q

What is the power to enter under Sale and supply?

A

Section 267

17
Q

Does section 267 power of entry have arrest powers?

A

No consider using obstruction

18
Q

What can you use powers of entry for? Section 267

A
  • ascertain if licence being complied with (no reason needed)
  • on reasonable grounds to believe offence against act being committed
19
Q

What is the power to demand info?

A

Section 269

20
Q

What info can you demand under 269?

A

Name
Address
DOB

21
Q

Under section 269 demand info what is the procedure to follow if they refuse?

A

1 May require ID
2 CAUTION
3. Arrest under 269 (3)

22
Q

What are the 5 exemptions for staff under 18?

A

Supervised and restricted:

  • cleaning, repairing, maintaining
  • removing/ replacing equipment
  • stocktake
  • prepare/serve meals
  • checking/ removing cash

Supervised only:
-Sell and supply liquor