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RNZPC wing 339 > Sale and supply of alcohol > Flashcards

Sale and supply of alcohol Flashcards

1
Q

What are the duties of Police?

A
  • Vetting service
  • Enforce provisions of act
  • Enforce offence provisions
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2
Q

Define ‘Bar’

A

A part of a building used exclusively for the sale or consumption of alcohol.

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3
Q

Define ‘Club’

A

A group of people with a common purpose

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4
Q

Restricted area

A

Minors must NOT be permitted

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5
Q

Supervised area

A

Minors must not be admitted unless accompanied by a parent or legal guardian

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6
Q

Who is a minor?

A

Less than 18 years

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7
Q

Define intoxication?

A

Observably affected by alcohol or other drugs or substances to a degree that the following are evident…

  • Speech impaired
  • Coordination impaired
  • Appearance affected
  • Behaviour impaired
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8
Q

On license

A

-Sell
-Supply
for consumption on site

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9
Q

Off license

A

-Sell
-Deliver
-Arrange for delivery of
for consumption off site

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10
Q

Club license

A
  • Sell
  • Supply
  • For consumption on premises to….
  • Member
  • Guest accompanied by a member
  • Member of another club with reciprocal rights
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11
Q

Special licence

A

2 types
1.) On site - sell/supply to person attending to be consumed on site.
2.) Off site - sell to person attending to be consumed off site.
Can be used for an event or an extension of normal hours.

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12
Q

Display of signs

A
  • Interior
  • By main entrance
  • Displayed at all times
  • On duty manager’s name
  • Conditions, hours and place
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13
Q

Minors on licensed premises

A

Any person under 18 years of age who is FOUND on a restricted area or supervised area and is not accompanied by parent or guardian.
Note! They just need to be found, if they are caught drinking alcohol that is another offence.

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14
Q

In what area can minors be employed for the purpose of selling/supplying alcohol?

A

Supervised area only NOT restricted

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15
Q

Can minors be employed for purposes other than selling alcohol in restricted and supervised areas?

A

Yes

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16
Q

Minors purchasing alcohol

A

Everyone under 18 that purchases alcohol from a licensed premises.

17
Q

What are the proof of age documents that sighted give the licensee a defence against prosecution?

A
  • NZ drivers license
  • Passport (any country)
  • Kiwi access card issued by hospitality NZ
18
Q

What is an alcohol infringement offence notice?

A

$250 fine that allows for certain alcohol offences committed by minors to be dealt with.

19
Q

Explain vicarious liability.

A

The licensee and manager are also liable for the actions of their staff. This is unless they can prove that the staff member was acting outside their scope of authority and they have made an attempt to ensure compliance. Note! The manager/licensee does not need to have knowledge of the offence.

20
Q

Once the licensed premises is closed, how long do people have to get out? What happens if they don’t?

A

30 minutes.
Both licensee and patron have committed an offence.
Just have to be found - doesn’t have to include alcohol.

21
Q

Sale or supply of alcohol to a minor on or from a licensed premises

A

Every person commits an offence who (being a licensee, manager or employee sells or supplies anyone under 18 years of age with alcohol on or from a licensed premises.

22
Q

What are the penalties of selling or supplying alcohol to a minor from licensed premises?

A

Licensee - $10,000 and/or 7 day suspension
Manager - $10,000
Employee - $2000

23
Q

What is the defence for selling or supplying alcohol to a minor from a licensed premises?

A
  • RGTB the person was over 18

- They did not know that the person they sold the alcohol to was going to supply it to a minor.

24
Q

Supplying alcohol to minors

A

Every person commits an offence who supplies alcohol to a minor.

25
Q

What are the defences for supplying alcohol to a minor?

A
  • Parent or legal guardian and you did so in a responsible manner.
  • RGTB they were over 18 years old.
  • RGTB you had consent from the parent or legal guardian.
26
Q

Section 267

A

Gives a constable or inspector to enter….
-At any reasonable time to ascertain if the licensee is complying
OR
-At any time if we have RGTB that an offence has been committed.

27
Q

For section 267, what if someone denies you entry when trying to access a licensed premises?

A

NO POWER OF ARREST! You could consider arresting for obstruction.

28
Q

Section 269

A

Power to demand information.
RCTS that a person has committed or is committing an offence against the act. They can ask for Name, DOB, address. If they fail to provide correct or any details, they will be cautioned and if continue, arrested.

29
Q

Police may take a person who they find in a public place or trespassing on private property if they are intoxicated and..

A
  • Incapable of protecting themselves
  • Likely to cause physical harm
  • Likely to cause damage to property
30
Q

Where can we take intoxicated people?

A
  • Home (if appropriate and safe)
  • Temp shelter (if available and appropriate)
  • Police station (if no other option)
31
Q

If we detain someone at the police station, how long can we detain them for and when must we release them?

A
  • 12 hours

- Release as soon as sober

32
Q

What must we allow a person if they are detained at station?

A

A phone call.

33
Q

Minor drinking in a public place

A
  1. Every person under 18 years of age
  2. Who drinks
  3. Any alcohol
  4. In any public place
  5. While not accompanied by their parent or guardian.
34
Q

Minor in possession of alcohol for consumption

A
  1. Every person who is under 18 years of age
  2. Has in his/her possession for the consumption of
  3. Any alcohol
  4. In any public place
  5. While not accompanied by their parent or legal guardian.

Note! Must be drinking or have intent to consume.

35
Q

Alcohol offences on public transport

A
  1. Any person who
  2. drinks or supplies or offers to supply or has in their possession for consumption therein
  3. Any intoxicating alcohol
  4. In or on any public transport
36
Q

Section 48

A

Power to seize alcohol and it’s container

37
Q

Power of arrest for alcohol offences in public places

A

Summary offences act Section 39 (2)
-Must be seen doing AND refuse to give details.
Note! Can’t charge for refusing details, so we charge for the original offence.

RNZPC wing 339 (22 decks)

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