Sale and Supply of Alcohol Flashcards
Section 17 - Off Licence
Sale and Supply of Alcohol Act 2012
An off-licence authorises the holder of the licence to:
• sell
• deliver
• arrange for delivery of
alcohol for consumption off the premises described in the licence.
Max trading hours - 7am - 11pm on any day
Section 14 - On Licence
Sale and Supply of Alcohol Act 2012
An on-licence authorises the holder of the licence to:
• sell
• supply
• allow consumption of
alcohol on the premises or conveyance described in the licence.
Max trading hours 8am - 4am on the next day
Section 21 - Club Licence
Sale and Supply of Alcohol Act 2012
A club licence authorises the holder of the licence to:
• sell
• supply
alcohol for consumption on the premises described in the licence to any:
member of the club
guest accompanied by a member of the club
member of another club with reciprocal visiting rights.
Section 22 - Special Licence
Sale and Supply of Alcohol Act 2012
There are two kinds of special licence:
(1) on site
− sell
− supply
alcohol for consumption on the premises to any
− person attending any occasion(s) or event(s) described in the licence.
(2) off site− sell
alcohol for consumption elsewhere to any
− person attending any occasion(s) or event(s) described in the license.
Section 56 / 57
Sale and Supply of Alcohol Act 2012
A copy of the licence must be displayed at all times. It must be attached to the interior of the premises or conveyance so as to be easily read by people entering through each principal entrance.
The licence outlines the maximum hours of trade and any conditions attached.
Section 214 (3)
Sale and Supply of Alcohol Act 2012
At all times while any manager is on duty in respect of any licensed premises, the manager’s name must be prominently displayed inside the premises.
Minor Drinking in a Public Place
Summary Offences Act 1981
Section 38(3)(a)
Minor
Under the age of 18 years
Drinks
Has its literal meaning
Alcohol
alcohol means a substance— (a) that—
(i) is or contains a fermented, distilled, or spirituous liquor; and
(ii) at 20°C is found on analysis to contain 1.15% or more ethanol by volume; or
(b) that—
(i) is a frozen liquid, or a mixture of a frozen liquid and another substance or substances; and
(ii) is alcohol (within the meaning of paragraph (a)) when completely thawed to 20°C; or
(c) that, whatever its form, is found on analysis to contain 1.15% or more ethanol by weight in a form that can be assimilated by people
In a public place
As defined in section 2 of the Summary Offences Act 1981
While not accompanied by his or her parent or legal guardian
Not with their parent or legal guardian (Care of Children Act 2004).
Minor in Possession of Alcohol for Consumption
Summary Offences Act 1981
Section 38(3)(b)
Minor
Under the age of 18 years
Has in his/her possession for the consumption of
Able to establish the minor is intending to drink in a public place
Alcohol
alcohol means a substance— (a) that—
(i) is or contains a fermented, distilled, or spirituous liquor; and
(ii) at 20°C is found on analysis to contain 1.15% or more ethanol by volume; or
(b) that—
(i) is a frozen liquid, or a mixture of a frozen liquid and another substance or substances; and
(ii) is alcohol (within the meaning of paragraph (a)) when completely thawed to 20°C; or
(c) that, whatever its form, is found on analysis to contain 1.15% or more ethanol by weight in a form that can be assimilated by people
In a public place
As defined in section 2 of the Summary Offences Act 1981
While not accompanied by his or her parent or legal guardian
Not with their parent or legal guardian (Care of Children Act 2004).
Alcohol Offences on Public Transport
Summary Offences Act 1981
Section 38(1)
Any person
Age is not a factor
Drinks (section 38(1)(a)) or
Has its literal meaning
Supplies/offers to anyone, (section 38(1)(b) or
Gives, sells or distributes or offers to do so
Has possession/control for consumption therein (section 38(1)(c))
You must be able to establish the person is intending to drink on a public conveyance
Alcohol
alcohol means a substance— (a) that—
(i) is or contains a fermented, distilled, or spirituous liquor; and
(ii) at 20°C is found on analysis to contain 1.15% or more ethanol by volume; or
(b) that—
(i) is a frozen liquid, or a mixture of a frozen liquid and another substance or substances; and
(ii) is alcohol (within the meaning of paragraph (a)) when completely thawed to 20°C; or
(c) that, whatever its form, is found on analysis to contain 1.15% or more ethanol by weight in a form that can be assimilated by people
In or on public transport
Vehicles, vessels and trains carrying passengers for reward, including any chartered transport
Licensed transport such as the bar on the Cook Strait ferry is not included
Section 267
Sale and Supply of Alcohol Act 2012
Power to Enter
allows the power of entry is provided to ascertain whether the licensee is complying with their obligations under the Act or other offences against the Act are being committed.
Section 269
Sale and Supply of Alcohol Act 2012
Power to Demand Information
Power to Arrest Section 269(4)
Anyone who has committed, or is committing, or is attempting to commit any offence against the Act must supply their particulars if required. It is an offence to fail to supply particulars or supply false particulars. Continued non-compliance following a warning can lead to their arrest.
Section 266
Sale and Supply of Alcohol Act 2012
Closure of Licensed Premise by Police
In the circumstances where the following conditions prevail:
if a riot is taking place or there are reasonable grounds for believing that a riot may occur on any licensed premises
if there is fighting or serious disorder or reasonable grounds for believing that fighting or serious disorder is about to break out on any licensed premises
if there is a significant threat to public health or safety
if the conduct on the licensed premises amounts to substantial public nuisance
if there are reasonable grounds for believing offences have been committed on the licensed premises that carry a maximum penalty of 5 years or more and there is a significant risk of further such offences being committed on the premises if the premises remain open,
Police have the power to close Licensed Premises
Section 244
Sale and Supply of Alcohol Act 2012
Minors Found in Restricted or Supervised Area
A person of any age may be in a supervised area if accompanied by their parent or guardian.
Minors can serve and sell alcohol in supervised areas.
Section 242
Sale and Supply of Alcohol Act 2012
Employing Minors in a Restricted Area
A minor is allowed in a restricted area where that person is present for the purposes of:
- cleaning, repairing, maintaining, altering, or restocking premises or equipment
- removing or replacing equipment
- stocktaking
- checking or removing cash, or
- preparing or serving any meal
Section 243
Sale and Supply of Alcohol Act 2012
Minors Purchasing Alcohol
Every person commits an offence who
Being under 18 years
Purchases
Any alcohol on or from a licensed premises
