Sale and Supply of Alcohol Flashcards
Licensed Premises
licensed premises means any premises for which a licence is held
Bar
bar, in relation to a hotel or tavern, means a part of the hotel or tavern used principally or exclusively for the sale or consumption of alcohol
Club
club means a body that—
(a) is a body corporate having as its object (or as one of its
objects) participating in or promoting a sport or other
recreational activity, otherwise than for gain; or
(b) is a body corporate whose object is not (or none of whose
objects is) gain; or
(c) holds permanent club charter
Restriced Area
restricted area—
(a) means an area that is designated (under section 119 or a
corresponding provision of a former licensing Act) as an
area to which minors must not be admitted; and
(b) in relation to any licensed premises or the licensee or a
manager of any licensed premises, means an area of those premises that is designated (under this Act or a former licensing Act) as an area to which minors must not be admitted
Supervised area
supervised area—
(a) means an area that is designated (under section 119 or a corresponding provision of a former licensing Act) as an area to which minors must not be admitted unless accompanied
by a parent or guardian; and
(b) in relation to any licensed premises or the licensee or a
manager of any licensed premises, means an area of those premises that is designated (under this Act or a former licensing Act) as an area to which minors must not be admitted unless accompanied by a parent or guardian
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
Minor
minor means a person who is under the age of 18 years
Intoxicated
intoxicated means observably affected by alcohol, other drugs,
or other substances (or a combination of 2 or all of those things)
to such a degree that 2 or more of the following are evident:
(a) appearance is affected:
(b) behaviour is impaired:
(c) co-ordination is impaired:
(d) speech is impaired
Section 14
An on-licence authorises the holder of the licence to:
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.
Section 17
An off-licence authorises the holder of the licence to:
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.
Section 21
A club licence authorises the holder of the licence to:
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
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 267: Powers
at any reasonable time
enter and/or inspect licensed premises
to ascertain if the Licensee is complying with the Act/Licence
Refuses or fails to admit any Constable or Inspector
who demands entry under this section
Commits an offence and is liable on conviction to a
fine of $2000
Or
-A Constable or an Inspector
-at any time
-enter and/or inspect licensed premises
-they have reasonable grounds to believe that any offence against the Act is being committed on those premises
-Any person who without reasonable excuse and
with unreasonable delay.
-Refuses or fails to admit any Constable or Inspector
who demands entry under this section
-Commits an offence and is liable on conviction to a
fine of $2000
Section 269
-When a Constable has reasonable cause to suspect
any person
-Has committed // Is committing // Is attempting to commit
-Any offence against this ACT
-A Constable may require
• Name
• Address
• Date of Birth
-If the Constable has a belief on reasonable grounds that the particulars provided are false may require evidence of the particulars
-If any person fails or refuses to give any particulars
or evidence when required to do so by a Constable,
or provides any particulars or evidence knowing
that the particulars or evidence are false, they shall
be CAUTIONED, if they persist they may be
arrested
Section 269(4)
Every person commits an offence who:
• having been required by any constable to supply any particulars or evidence
• without reasonable excuse
• refuses or fails to supply the particulars or evidence
or
• knowingly supplies any false particulars.
Section 267(3)
In addition to the powers of entry, police can also require the production of any licence, book, notice, record, list or other document that is required to be kept under the Act; and also require the licensee or manager to provide any information or assistance reasonably required by the officer, that relates to the duties of the licensee or manager.
Section 266
If there are prevailing circumstances that warrant closure of a licensed premises, it is safer for both police and patrons if police close down the premises until order is restored or for no longer than 24 hours.
Section 244
- Every person commits an offence who:
- Being under 18 years
- Is found in any
- Restricted Area OR Supervised area unless supervised by a parent or guardian.
- on licensed premises
244(4)(c)
Subsections (1) and (2) do not apply to a person who is in a restricted area or supervised area on licensed premises at the request of a member of the police acting in the course of their duties.
Section 242
2 It is an offence for a licensee to employ minors in supervised and restricted areas while that area is open for the sale of alcohol, unless the role they are performing is one of the exemptions listed below.
This does not apply if the minor is the licensee’s spouse.
Section 242 (Exceptions)
A minor is allowed in supervised and restricted areas where that person is present for the purposes of:
• cleaning, repairing, maintaining, altering, or restocking the area or any equipment in the area; or
• removing or replacing any equipment; or
• stocktaking; or
• checking or removing cash, or
• preparing or serving any meal.
An additional exemption is that, when employed in a supervised area, it is not an offence for minors to also sell and supply alcohol.
Section 243
Every person commits an offence who:
Being under 18 years
Purchases
Any alcohol on or from a licensed premises
Section 243(2)
Section 243(2), does not apply to a person who buys Alcohol on, or from, licensed premises at the request of a constable acting in the course of his or her duties.
Section 247
Unauthorised sale or supply
Selling after hours
Section 248
Sells or supplies to intoxicated person
Section 249
Allows a person to become intoxicated
Section 252
Allows intoxicated person to be or remain on
licensed premises
Defence: if licensee/manager proves they took
reasonable steps to remove person when they
became aware of the situation
Section 253
Allows violent, quarrelsome, insulting or
disorderly conduct on licensed premises
Defence: if licensee/manager proves they took
reasonable steps to remove person when they
became aware of the situation
Section 256
Allows persons to be on licensed premises
outside licensing hours
Section 239(1)&(2)
Every person commits an offence who:
• being a licensee, manager or other person
• sells or supplies alcohol or allows alcohol to be sold or supplied
• on or from licensed premises
• to any person under 18 years of age.
Section 241
Every person commits an offence who
Supplies alcohol to a minor
Summary Offences Act 1981 Section 38(3)(a)
a minor − drinks − alcohol − in a public place − while not accompanied by parent or legal guardian
Summary Offences Act 1981 Section 38(3)(b)
− a minor
− has in possession for the consumption of
− alcohol
− in a public place
− while not accompanied by parent of legal guardian
Summary Offences Act 1981 Section 38(1)
− any person − drinks, supplies, offers to supply, has possession for consumption therein − alcohol − on any public transport
Section 38
The procedure to deal with an offence under Section 38 is:− identify which offence is being committed.
− request name and address
− if supplied warn, AION or summons, seize alcohol
− if not supplied warn liable to be arrested
− if refused arrest and seize alcohol
Summary Offences Act 1981,
Section 45
The power to seize alcohol and its container
