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POLICE COLLEGE STUDY > SALE AND SUPPLY OF ALCOHOL 2012 > Flashcards

SALE AND SUPPLY OF ALCOHOL 2012 Flashcards

1
Q

What is the definition of a minor?

A

A person who is under 18 years of age

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2
Q

What is the definition for a restricted area?

A

Any part of the premises to which a minor must not be admitted

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3
Q

What is the definition of a supervised area?

A

Any part of a licensed premises to which minors must not be admitted unless accompanied by their parent or guardian.

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4
Q

Name two offences involving minors in supervised or restricted areas?

A
  • Being a person who is under 18 years old and is found in a restricted are in a licensed premises.
  • Or Being a person who is under 18 years old and is found in a supervised area in a licensed area without a parent or guardian present.
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5
Q

What are the exemptions for minors being in a supervised area without a parent or guardian?

A
  • Cleaning, repairing, maintaining, altering or restocking
  • Removing or replacing any equipment
  • Stocktaking
  • Cleaning or removing cash
  • Preparing or serving meals
  • Selling or supplying liquor
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6
Q

What are the restrictions around minors in a restricted area while it is open for the sale of alcohol unless they are there for.

A
  • Cleaning, repairing, maintaining, altering or restocking
  • Removing or replacing any equipment
  • Stocktaking
  • Cleaning or removing cash
  • Preparing or serving meals
  • Minor is licensee’s spouse
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7
Q

What is the main difference between a supervised and restricted areas in section 244?

A

Minors can serve and sell alcohol in a supervised area. However minors can not sell alcohol in a restricted area.

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8
Q

Name three approved evidence of age documents?

A
  • Passport
  • Photographic drivers licence
  • 18 + card issued by the hospitality association of N.Z.
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9
Q

What are the two situations that are an offence relating to supply a minor with alcohol?

A
  • Being under 18 years, purchase alcohol from a licensed premises
  • Being under 18 years old and buying alcohol for a minor. (as in supplying them.
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10
Q

Explain vicarious liability?

A

The licensee is legally liable for any offences committed by his/her staff. The licensee is responsible for the actions of all staff under them.

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11
Q

What are the exemptions to an offence under section 255 of being found on licensed premise outside licensing hours?

A
  • Licensee/manager/spouse of licensee or manager or any family member.
  • Any lodger or invited guest
  • Any employee residing on premises
  • Any employee/agent of licence manager who is there with Manager’s authority for the purpose of:
  • Cleaning, repairing, maintaining altering or restocking
  • Removing, replacing stock and any such equipment
  • Checking or removing cash
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12
Q

How long can an employee not living on the premises stay after the employment has ceased for the day?

A

One hour.

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13
Q

What are the offences that can be committed by anyone in relation to minors?

A

Supplying alcohol to a minor

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14
Q

What are the defences to supplying alcohol to a minor?

A
  • If the parent or legal guardian (supplied in responsible manner)
  • Believes on reasonable grounds that the minor is not a minor
  • Believes that he or she has the express consent of the parent or guardian of the minor and supplies the alcohol in a responsible manner.
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15
Q

What are your powers to enter a premises under section 267?

A

Police can

a) 267(1) At any reasonable time enter and/or inspect licensed premises to ascertain if the licensee or manager is complying with the act.
b) 267(2) At any time enter and/or inspect licensed premises if they have R.G.T.B. any offence against the Act is being committed on those premises.

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16
Q

What happens if entry to police is failed, refused or delayed?

A

Commits an offence - $2000 fine

17
Q

Can the police close a licensed premises if it is feared that serious disorder will break out?

A

Yes, The licensed premises can also be closed so control of an incident that is out of control can be regained.

18
Q

How long can a closure be affected for?

A
19
Q

What is my powers in relation to section 269 of the Sale and Supply of Alcohol Act 2012?

A

You can demand:

  • Name
  • Address
  • DOB
20
Q

What happens if a person fails or refuses to give details?

A

They can be warned and then if they do not give you there details you can arrest them

21
Q

What are two offences relating to minors?

It is an offence for:

A
  • A minor to drink intoxicating liquor in a public place without parent or guardian.
  • Minor has in his or her possession any intoxicating liquor in a public place without being accompanied by parent or guardian
22
Q

What offences relate to public transport?

A

Any person drinks,supplies, offers to supply or has possession control for consumption therein of intoxicating liquor in or on public transport.

23
Q

What powers do I have in relation to alcohol on public transport?

A

Can seize liquor and its containers you find that some one is committing an offence.
- If they are warned they are entitled to the return of the alcohol.

24
Q

What happens if a person commits an offence against the Sale and Supply of Alcohol Act 2012 and refuse or fail to give details?

A

He/she maybe arrested SOF Act 1981 s39(2)

25
Q

Name the four different licences?

A
  • On licence
  • Off licence
  • Special licence
  • Club licence
26
Q

What are the environmental factors that increase alcohol and violence?

A
  • concentration of males 16-29
  • dense concentration of clubs/bars/pubs
  • poorly trained door staff
  • lack of transport options
  • public planning bottle neck
  • social environment noise, drugs, loud noise ect
27
Q

What are the affects of alcohol on driving?

A
  • sedative/depressant
  • reduced concentration
  • under estimated degree of intoxication.
  • sense of confidence in driving ability
28
Q

Explain the absorption rates of alcohol in the human body?

A
  • large male body larger water content so slower to get slower
  • women get faster as they have a higher fat content
  • eating slows absorption rate
29
Q

What effect does alcohol have on the body?

A
  • Lower reaction times
  • impaired vision
  • reduced co-orderination
  • reduced emotional control
  • alertness
30
Q

What link is there between alcohol and violence?

A
  • moderate intake increases aggressive behaviour
  • alcohol affects cognitive, perceptual and motor skills results in unintentional injury
  • factor increase if alcohol is involved with violence
31
Q

Explain Gifford vs Police case law?

A

This is the defence that if you have reasonable grounds to believe that the staff person was over age.

32
Q

What is unlawful sale and supply?

A

Selling after hours unless they have a special licence.

33
Q

After the hours of licence run out how long is there to leave?

A

Public - 30mins

Staff - 1 hour

34
Q

When can I shut a bar or pub?

A
  • Riot (6 people or more)
  • Serious disorder
  • Significant threat to Health an safety
  • university pub a nuisance
  • Offences have been committed on the premises that are 5 years or more
35
Q

How do close a licensed premises?

A
  • evidence
  • seek authority
  • document discussions
  • there is a form that is filled out
  • close premise down and complete a file

POLICE COLLEGE STUDY (21 decks)

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