Sale and supply of alcohol

Question 1

What are the duties of Police?

Answer 1

• Vetting service
• Enforce provisions of act
• Enforce offence provisions

Question 2

Define ‘Bar’

Answer 2

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

Question 3

Define ‘Club’

Answer 3

A group of people with a common purpose

Question 4

Restricted area

Answer 4

Minors must NOT be permitted

Question 5

Supervised area

Answer 5

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

Question 6

Who is a minor?

Answer 6

Less than 18 years

Question 7

Define intoxication?

Answer 7

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

Question 8

On license

Answer 8

-Sell
-Supply
for consumption on site

Question 9

Off license

Answer 9

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

Question 10

Club license

Answer 10

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

Question 11

Special licence

Answer 11

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.

Question 12

Display of signs

Answer 12

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

Question 13

Minors on licensed premises

Answer 13

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.

Question 14

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

Answer 14

Supervised area only NOT restricted

Question 15

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

Answer 15

Yes

Question 16

Minors purchasing alcohol

Answer 16

Everyone under 18 that purchases alcohol from a licensed premises.

Question 17

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

Answer 17

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

Question 18

What is an alcohol infringement offence notice?

Answer 18

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

Question 19

Explain vicarious liability.

Answer 19

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.

Question 20

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

Answer 20

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

Question 21

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

Answer 21

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.

Question 22

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

Answer 22

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

Question 23

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

Answer 23

• 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.

Question 24

Supplying alcohol to minors

Answer 24

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

Question 25

What are the defences for supplying alcohol to a minor?

Answer 25

- 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.

Question 26

Section 267

Answer 26

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.

Question 27

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

Answer 27

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

Question 28

Section 269

Answer 28

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.

Question 29

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

Answer 29

- Incapable of protecting themselves - Likely to cause physical harm - Likely to cause damage to property

Question 30

Where can we take intoxicated people?

Answer 30

- Home (if appropriate and safe) - Temp shelter (if available and appropriate) - Police station (if no other option)

Question 31

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

Answer 31

- 12 hours | - Release as soon as sober

Question 32

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

Answer 32

A phone call.

Question 33

Minor drinking in a public place

Answer 33

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.

Question 34

Minor in possession of alcohol for consumption

Answer 34

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.

Question 35

Alcohol offences on public transport

Answer 35

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

Question 36

Section 48

Answer 36

Power to seize alcohol and it's container

Question 37

Power of arrest for alcohol offences in public places

Answer 37

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.