SALE AND SUPPLY OF ALCOHOL 2012 Flashcards
What is the definition of a minor?
A person who is under 18 years of age
What is the definition for a restricted area?
Any part of the premises to which a minor must not be admitted
What is the definition of a supervised area?
Any part of a licensed premises to which minors must not be admitted unless accompanied by their parent or guardian.
Name two offences involving minors in supervised or restricted areas?
- 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.
What are the exemptions for minors being in a supervised area without a parent or guardian?
- Cleaning, repairing, maintaining, altering or restocking
- Removing or replacing any equipment
- Stocktaking
- Cleaning or removing cash
- Preparing or serving meals
- Selling or supplying liquor
What are the restrictions around minors in a restricted area while it is open for the sale of alcohol unless they are there for.
- 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
What is the main difference between a supervised and restricted areas in section 244?
Minors can serve and sell alcohol in a supervised area. However minors can not sell alcohol in a restricted area.
Name three approved evidence of age documents?
- Passport
- Photographic drivers licence
- 18 + card issued by the hospitality association of N.Z.
What are the two situations that are an offence relating to supply a minor with alcohol?
- 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.
Explain vicarious liability?
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.
What are the exemptions to an offence under section 255 of being found on licensed premise outside licensing hours?
- 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
How long can an employee not living on the premises stay after the employment has ceased for the day?
One hour.
What are the offences that can be committed by anyone in relation to minors?
Supplying alcohol to a minor
What are the defences to supplying alcohol to a minor?
- 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.
What are your powers to enter a premises under section 267?
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.
What happens if entry to police is failed, refused or delayed?
Commits an offence - $2000 fine
Can the police close a licensed premises if it is feared that serious disorder will break out?
Yes, The licensed premises can also be closed so control of an incident that is out of control can be regained.
How long can a closure be affected for?
What is my powers in relation to section 269 of the Sale and Supply of Alcohol Act 2012?
You can demand:
- Name
- Address
- DOB
What happens if a person fails or refuses to give details?
They can be warned and then if they do not give you there details you can arrest them
What are two offences relating to minors?
It is an offence for:
- 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
What offences relate to public transport?
Any person drinks,supplies, offers to supply or has possession control for consumption therein of intoxicating liquor in or on public transport.
What powers do I have in relation to alcohol on public transport?
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.
What happens if a person commits an offence against the Sale and Supply of Alcohol Act 2012 and refuse or fail to give details?
He/she maybe arrested SOF Act 1981 s39(2)
Name the four different licences?
- On licence
- Off licence
- Special licence
- Club licence
What are the environmental factors that increase alcohol and violence?
- 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
What are the affects of alcohol on driving?
- sedative/depressant
- reduced concentration
- under estimated degree of intoxication.
- sense of confidence in driving ability
Explain the absorption rates of alcohol in the human body?
- 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
What effect does alcohol have on the body?
- Lower reaction times
- impaired vision
- reduced co-orderination
- reduced emotional control
- alertness
What link is there between alcohol and violence?
- moderate intake increases aggressive behaviour
- alcohol affects cognitive, perceptual and motor skills results in unintentional injury
- factor increase if alcohol is involved with violence
Explain Gifford vs Police case law?
This is the defence that if you have reasonable grounds to believe that the staff person was over age.
What is unlawful sale and supply?
Selling after hours unless they have a special licence.
After the hours of licence run out how long is there to leave?
Public - 30mins
Staff - 1 hour
When can I shut a bar or pub?
- 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
How do close a licensed premises?
- evidence
- seek authority
- document discussions
- there is a form that is filled out
- close premise down and complete a file
