Sale and Supply of Alcohol

Question 1

Licensed Premises

Answer 1

licensed premises means any premises for which a licence is held

Question 2

Bar

Answer 2

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

Question 3

Club

Answer 3

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

Question 4

Restriced Area

Answer 4

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

Question 5

Supervised area

Answer 5

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

Question 6

Alcohol

Answer 6

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

Question 7

Minor

Answer 7

minor means a person who is under the age of 18 years

Question 8

Intoxicated

Answer 8

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

Question 9

Section 14

An on-licence authorises the holder of the licence to:

Answer 9

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.

Question 10

Section 17

An off-licence authorises the holder of the licence to:

Answer 10

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.

Question 11

Section 21

A club licence authorises the holder of the licence to:

Answer 11

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.

Question 12

Section 22

Answer 12

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.

Question 13

Section 267: Powers

Answer 13

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

Question 14

Section 269

Answer 14

-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

Question 15

Section 269(4)

Answer 15

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.

Question 16

Section 267(3)

Answer 16

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.

Question 17

Section 266

Answer 17

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.

Question 18

Section 244

Answer 18

• 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

Question 19

244(4)(c)

Answer 19

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.

Question 20

Section 242

Answer 20

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.

Question 21

Section 242 (Exceptions)

Answer 21

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.

Question 22

Section 243

Answer 22

Every person commits an offence who:
Being under 18 years
Purchases
Any alcohol on or from a licensed premises

Question 23

Section 243(2)

Answer 23

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.

Question 24

Section 247

Answer 24

Unauthorised sale or supply

Selling after hours

Question 25

Section 248

Answer 25

Sells or supplies to intoxicated person

Question 26

Section 249

Answer 26

Allows a person to become intoxicated

Question 27

Section 252

Answer 27

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

Question 28

Section 253

Answer 28

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

Question 29

Section 256

Answer 29

Allows persons to be on licensed premises

outside licensing hours

Question 30

Section 239(1)&(2)

Answer 30

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.

Question 31

Section 241

Answer 31

Every person commits an offence who

Supplies alcohol to a minor

Question 32

Summary Offences Act 1981
Section 38(3)(a)

Answer 32

a minor
− drinks
− alcohol
− in a public place
− while not accompanied by parent or legal guardian

Question 33

Summary Offences Act 1981
Section 38(3)(b)

Answer 33

− a minor
− has in possession for the consumption of
− alcohol
− in a public place
− while not accompanied by parent of legal guardian

Question 34

Summary Offences Act 1981 Section 38(1)

Answer 34

− any person
− drinks, supplies, offers to supply, has possession for
consumption therein
− alcohol
− on any public transport

Question 35

Section 38

Answer 35

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

Question 36

Summary Offences Act 1981,

Section 45

Answer 36

The power to seize alcohol and its container