Sale and supply of Alcohol 2 Flashcards
You decide to take the intox person to the police station. What rights does the apprehended
person have?
They are to be given their Caution Rights as they are detained under an enactment.
They are allowed to make one phone call and to be released once sober.
How long is the maximum you can hold a Detox for, and what do you do if you deem that
person to still be a Detox after that timeframe? What do you do then?
12 hours, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours
What would be occurring for you to temporary close a bar under section 226?
- If a riot is occurring
- Fighting/ serious disorder
- significant threat to public health/ safety
- If there is significant risk of further offences being committed.
What is the maximum time you can temporarily close a licensed premises under section 266?
-24 hours from the end of the day on which the order was made.
As you are driving around the suburbs where there is no Alcohol Ban, you come across a
group of 17-year-olds walking on the footpath. When you speak to them you confirm that
they are not accompanied by their parents or legal guardians.
-They are each are holding an open bottle of beer, and you witness them consuming
from it
and…
-They are each are holding a closed box of beer, and they say they are going to the park
to drink it
Have any offences been committed? if yes, What?
-Yes.
Under 18 drinking alcohol in a public place, and you’d enquire as to where they got the
alcohol from.
As you are driving around the suburbs where there is no Alcohol Ban, you come across a
group of 17-year-olds walking on the footpath. When you speak to them you confirm that
they are not accompanied by their parents or legal guardians.
-They are each are holding a closed box of beer, and they say they are going to John’s
house to drink it.
-Have any offences been committed? if yes, What?
-No offences committed, but you’d enquire as to where they got the alcohol from
You have now been tasked with checking the restricted and supervised areas. You speak with a male who is 16 and alone in the supervised area.
-Identify whether an offence has been committed and explain your answer.
-Yes.
Minor found in supervised area. Section 244.
You have now been tasked with checking the restricted and supervised areas. You speak with a male who is 17 and in a restricted area
Identify whether an offence has been committed and explain your answer.
-Yes,
Minor found in supervised area. Section 244.
You have now been tasked with checking the restricted and supervised areas. You speak with a female who is 15 and in a restricted area with her 21-year-old
boyfriend.
Identify whether an offence has been committed and explain your answer.
-Yes,
Minor found in restricted area. Section 244
You have now been tasked with checking the restricted and supervised areas. You speak with a 17-year-old female who is working behind the bar selling alcohol in a
supervised area.
Identify whether an offence has been committed and explain your answer.
No.
17 year old can sell alcohol in a supervised area - exemption.
You have now been tasked with checking the restricted and supervised areas. A guy is bumping into people and has fallen over a number of times. He manages to get to the bar and purchase a triple rum.
Identify whether an offence has been committed and explain your answer.
-Sells to intoxicated persons.
Section 248
You have now been tasked with checking the restricted and supervised areas. Sarah is in the corner and she has drunk so much that she has collapsed in the corner.
The bar staff clearing tables have to step over herIdentify whether an offence has been committed and explain your answer.
-Allows intoxicated person to remain.
Section 252
You have now been tasked with checking the restricted and supervised areas. People dancing are getting extremely annoyed and a couple of minor skirmishes breakout. At 0130 hrs a 15-year-old male purchases a beer from the bar.
Identify whether an offence has been committed and explain your answer.
-Licensee, Manager or other person sells alcohol to person under 18 on licensed
premises, Sections 239(1) & (2) and allows disorderly conduct on licensed premises,
Section 253.
What are your options for dealing with the 17-year-old?
Remove from the premises and:
- Warn them
or. .. - Issue an Alcohol Infringement Offence Notice
or. .. - Take to District Court (either via arrest or summons).
