Sale And Supply Of Alcohol

Question 1

What is the maximum period someone can initially be detained for detox?

Answer 1

12 hours

Then see a medical practitioner

Another 12 hours if recommended

Question 2

What is Police power to detain intoxicated persons in a public place or trespassing on private property?

Answer 2

Policing Act 2008 Section 36
A Constable can TAKE a intoxicated person in any public place or trespassing on any private property and they are incapable of protecting themselves from physical harm, doing physical harm to others or damaging property.
Police can take them home, to a temporary shelter or to the police station.

Question 3

What constitutes public transport for drinking offences?

Answer 3

Vehicle or vessels carrying passengers for reward unless they have a license

Question 4

What is needed for the offence of ‘Minor in possession of liquor for consumption in a public place?’

Answer 4

Must be under 18
Must have alcohol
Must be intending to consume that alcohol in a public place

Question 5

What is polices power to demand details under SASAA 2012?

Answer 5

Section 269 - Tell me your line
If you believe they are commuting an offence (ie under 18)
You can demand Name, Address and DOB
Then you can demand ID
If they fail to then warn them
If they fail again you can arrest for failing to supply information.

Question 6

What does Section 266 of the SASAA relate to?

Answer 6

Close a licensed premises

Any closure must not last more than 24 hours from the end of the day on which the order was made

Question 7

What Section allows police to enter a licensed premises?

Answer 7

Section 267
267(1) at any reasonable time
267(2) at any time

Question 8

Can you arrest someone for not letting you into a bar as a police officer?

Answer 8

Yes can be arrested for obstruction

Question 9

What 3 identity documents are acceptable as defence to supplying alcohol to a minor?

Answer 9

Passport
Driver license
Kiwi access card

Question 10

What is the offence of allowing person to be on licensed premises outside of licensing hours?

Answer 10

It is an offence to allow paterons to remain on the premise after closing hours.
The premise has 30 minutes to clear them out.

Question 11

What is the concept of vicarious liability?

Answer 11

The licensee can be responsible for the actions of their employees and therefore any offence they commit

Question 12

Who may enter a supervised area?

Answer 12

A person of any age as long as if under 18 they are accompanied by a parent/caregiver.
Minors may be employed and serve alcohol

Question 13

Who may enter a restricted area?

Answer 13

Only people over the age of 18 may be in a restricted area.

Minors may be employed but CANNOT serve alcohol

Question 14

What is the offence of a minor purchasing alcohol?

Answer 14

Every person commits an offence who
Being under 18 years
Purchases
Any alcohol on or from a licensed premises

Question 15

What is the offence of minors being in a supervised or restricted area?

Answer 15

Every person commits an offence who
Being under 18 years
Is found in any
Restricted area
OR
Supervised area unless accompanied by parent/ guardian
On licensed premises

Question 16

What information must prominently be displayed at a licensed premise?

Answer 16

A copy of the license for the premise
Must have hours the premise operates
Must have duty managers name

Question 17

Define licensed premise

Answer 17

Licensed premise is any premise for which a license is held

Question 18

Define supervised area

Answer 18

Supervised area means an area where minors must not be admitted unless accompanied by a parent or legal guardian

Question 19

Define restricted area

Answer 19

Restricted area means an area where under 18 year olds are not permitted

Question 20

Define intoxication as per Section 5 of the SASAA

Answer 20

Intoxication is observably affected to a degree that 2 or more of the following are evident:
Speech is impaired
Coordination is impaired
Appearance is affected
Behaviour is impaired

Question 21

What are the four types of licenses?

Answer 21

On license (Sell, Supply, Allow consumption)
Off license (Sell, Supply, Arrange delivery)
Club license (Sell, Supply, Allow consumption of club members and their guests)
Special license (On-site and Off-site)

Question 22

What Section of the SASAA is your power of entry under?

Answer 22

Section 267