Sale And Supply Of Alcohol Act 2012

Question 1

On-licence

Section 14

Answer 1

Authorises the holder of the licence to

• sell
• supply
• allow consumption of

Alcohol on the premises or conveyance described in the licence.

When applying for an on-licence for a restaurant the licensee can also apply for a BYO licence.

Question 2

Off-licence

Section 17

Answer 2

Authorises the holder of the licence to

• sell
• deliver
• arrange for delivery of

Alcohol for consumption off the premises described in the licence.

(Bottle stores and supermarkets_

Question 3

Club licence

Section 21

Answer 3

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

the restrictions apply to the people who are allowed to drink in the club. The club cannot be opened to the public.

Question 4

Special licence

Section 22

Answer 4

On site
-sell
-supply
Alcohol for consumption on the premises to and
-person attending any occasion or event described in the licence

Off site
-sell
Alcohol for consumption elsewhere to any
-person attending any occasion or event described in the licence

Question 5

Section 244

Minors in restricted area

Answer 5

Every person commits an offence who:

• being under 18 years old
• is found in any
• restricted area
• on licensed premises

Penalty - duty manager $2,000 from DC or $250 ION. Minor $1,000 or $250 ION

Minors fo not need to be found drinking or consuming alcohol on the premises. Presence is enough

Question 6

Minors found in supervised area

Section 244

Answer 6

Every person commits an offence who

• being under 18 years old
• is found in any
• supervised area - unless accompanied by a parent of guardian
• on license premises

A person of any age may be in a supervised area if accompanied by their parent or guardian.

Question 7

Exceptions for staff

Answer 7

Minors may be present in supervised/restricted areas if employed for

• Cleaning, repairing, maintaining, altering or restocking the area or any equipment in the area
• Removing or replacing any equipment
• Stocktaking
• Checking or removing cash
• Preparing or serving any meal

Supervised area - under age can sell alcohol

Question 8

Section 239(1) and (2)

Answer 8

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

Penalty - For licensee is $10,000 fine and/or 7 day suspension of licence. Manager $10,000 fine. Employee or any other person $2,000

It is a defence if defendant proves that they had reasonable grounds to believer that the person had attained 18 years of age. Reasonable grounds exist if the defendant proves that they sighted an evidence of age document which indicated the person was 18+

Question 9

Supplying alcohol to minors

Section 241

Answer 9

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

It is a defence to this charge if the person supplying the alcohol

• is a parent/guardian of the minor and supplies the alcohol in a responsible manner
• believer on reasonable grounds that the minor is not a minor
• believes on reasonable grounds that he/she has the express consent of the parent/guardian of the minor and supplies the alcohol in a responsible manner

Question 10

Section 267

Power to enter

Answer 10

A constable may
-at any reasonable time
OR
At any time

-Enter and inspect licensed premised

-to ascertain if the licensee is complying with this Act and their licence
OR
-When they have reasonable grounds to believe that any offence against this Act is being committed on those premises.

• Any person who without reasonable excuse and with unreasonable delay
• refuses or fails to admit and constable who demands entry under this section
• commits an offence and is liable on conviction to a fine of $2,000

No power to arrest but could consider to arrest for obstructing a constable to ensure that you gain entry.

Question 11

Section 269

Power to demand information

Answer 11

You need to obtain the identity or proof of age of employees or patrons.

When a constable has reasonable cause to suspect any person

Has committed
OR 
Is committing
OR 
Is attempting to commit

Any offence against this Act

A constable may require; Name, Address, DOB

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 they are false they shall be cautioned, if they persist the may be arrested.

Question 12

Summary Offence Act 1981. Section 38(3)(a)

Minor drinking in a public place

Answer 12

• Minor - under the age of 18 years
• Drinks
• Alcohol - Substance that contains 1.15% or more ethanol by volume
• In any public place
• While not accompanied by their parent/guardian

Question 13

Summary offences Act 1981. Section 38(3)(b)

Minor in possession of alcohol for consumption

Answer 13

• Minor = under the age of 18 years
• Has in their possession for the consumption of = able to establish the minor is intending to drink in a public place
• Alcohol = 1.15% or more ethanol by volume
• In any public place
• While not accompanied by their parent/guardian

Question 14

Alcohol on public transport

Summary offences Act 1981. Section 38(1)

Answer 14

• Any person = age is not a factor
• Drinks
• Supplies/offers to anyone = gives, sells or distributes or offers to do so
• Has possession/control for consumption therein = must establish if the person is intending to drink on public transport
• Alcohol = 1.15% or more ethanol by volume
• In or on public transport = vehicles, vessels and trains carrying passengers for reward, including any chartered transport (Licensed transport such as the cook strait ferry bar is not included).

Question 15

Intoxicated people

Section 36. Policing Act 2008

Answer 15

A constable may

• Take a person whom they find intoxicated
• In a public place or trespassing on any private property
• And the person is incapable or protecting themselves from physical harm
• Likely to cause physical harm to another person
• Likely to cause significant damage to any property

a) To the intoxicated person home unless it is not reasonably practicable to provide for their care and protection
b) A temporary shelter unless it is not reasonably practicable to prove for their care and protection
c) A police station - up to 12 hours or until the person ceases to be intoxicated. = BOR and s85 S&S act.