Sale And Supply Of Alcohol Flashcards
Explain bar
A bar is the part of a hotel or tavern used principally or exclusively for the sale or consumption of alcohol.
Define licensed premises
A licensed premises any premises for which a licence is held, namely a on, off and special licence relating to sale and supply.
Define a club
A club is a body that -
- is a body corporate having as its object, participating in or promoting a sport or other recreational activity, otherwise than for gain or;
- is a body corporate whose object is not to gain or;
- holds permanent club charter
What is a restricted area?
An area designated as an area that minors must not be admitted and;
In relation to any licensed premises or the licensee or a manager of any licensed premises means an area of that premises that is designated as an area of much minors must not be admitted.
What is a supervised area?
Means an area that is designated as an area that minors must not be admitted unless accompanied by a parent or guardian and;
In relation to any licensed premises or the licensee or manager of any premises means an area of that premises that is designated as an area to which minors must not be admitted unless accompanied by a parent or guardian.
Define alcohol
A substance that is or contains a fermented, distilled or spiritous liquor and;
At 20 degrees is found on analysis to contain 1.15% or more ethanol by volume.
Define a minor
Minor means a person under the age of 18 years
Define intoxication
Intoxication means observably affected by alcohol, other drugs, or other substance (or a combination) to such a degree that 2 or more of the following things are evident: Appearance is affected Behaviour is impaired Co-ordination is impaired Speech is impaired
In relation to an ON licence, what does it allow you to do? The national trading hours? What endorsement is available?
The ON licence can be issued to sell or supply alcohol , either on premises or on a conveyance.
National maximum trading hours for a on site licensed premises is between 8am-4am.
Endorsement under section 37, the licensee can let any person bring their own alcohol, and leave with it as long as its in a sealed container.
In relation to an OFF licence, what does it allow? What are the operational hours?
This license allows for the consumption off the premises only. It applies to outlets such as bottle stores and supermarkets. A hotel, bar or club will need an off license if it wishes to sell alcohol to take away. An OFF license also authorises holders to offer complimentary samples of alcohol on premises.
What does a club licence allow?
Under this license it allows the sale and supply of alcohol for consumption on premises to any members of the club, guest accompanied by members and members of another club with reciprocal visiting rights. The club cannot be open to the public.
What is a special license?
There are 2 kinds of special licence, on site to supply and sell and off site to sell and consume anywhere to which a person attending any occasion or event.
What are the rules around the display of licenses and signs?
A copy of the license must be displayed at all times, it must also be attached to the interior of the premises or conveyance so as to be easily read by people entering through the principle entrance, it also states that maximum hours of trading.
The duty managers name must also be displayed prominently inside the premises.
If the signage is not present or incorrect this needs to be brought up with the manager. Report the matter to an alcohol harm prevention officer.
What are the offences available to be committed by minors under the Sale and Supply of alcohol act 2012? what are the exemptions of s242?
S242 - employing minors in a restricted area (exemption of maintenance of any equipment or area, removing or replacing equipment, stocktaking, checking or removing cash, preparing or serving any meal).
S243 - minors purchasing alcohol
S244 - minors found in restricted or supervised areas (does not imply to employees in the area)
What are the offences licensees or managers can commit under the Sale and Supply of Alcohol Act 2012?
S241 - supplying alcohol to minors
S247 - unauthorised sale or supply
S248 - sale/supply to intoxicated person
S249 - allowing people to become intoxicated
S252 - allowing intoxication on licensed premises
S253 - allowing disorderly conduct on licensed premises
S256 - allowing people to be on licensed premises outside licensing hours