Sale And Supply Of Alcohol Act 2012

Question 1

What are the four types of licenses?

Answer 1

1. On-license
2. Off-license
3. Special license
4. Club license

Question 2

What is a restricted area?

Answer 2

A person under the age of 18 is not permitted on the premises

Question 3

What is a supervised area?

Answer 3

An area where under 18s are not allowed unless accompanied by a parent/legal guardian

Question 4

Is a football coach considered a legal guardian for a supervised area?

Answer 4

No, the definition of legal guardian is as of the OT Act.

Question 5

What is the definition of Intoxicated?

Answer 5

Speech is impaired
Coordination is impaired
Appearance is affected
Behaviour is impaired

Question 6

What is the definition of a club license?

Answer 6

May sell & supply alcohol.
Person must be:
- a member of the club
- guest accompanied by a member of the club
- member of another club with reciprocal visiting rights.

Question 7

What is the definition of an off-license?

Answer 7

Sell, deliver and arrange for delivery of alcohol for the consumption off the premise described in the licence

Question 8

What is the definition of an on-licence?

Answer 8

Sell, supply and consume alcohol on the premise.

Question 9

What is the maximum trading hours?
(Default National)

Answer 9

8am-4am

Question 10

Section 47 and 48 of Sale and Supply of Alcohol Act 2012

Answer 10

Restrictions to sale of alcohol on Anzac Day Morning, Good Friday, Easter Sunday and Christmas.

Question 11

What is the definition of Special License?

Answer 11

1. On-site:
   - Sell, supply (alcohol for consumption on the premise to any person attending any occasion or event in the described license)
2. Off site:
   - sell alcohol for consumption elsewhere to any person attending any occasion or event described in the license.

Question 12

Does a copy of the licence need to be displayed at all times?

Answer 12

Yes, it must be attached to the interior of the premises or conveyance.

Question 13

Does a duty managers name need to be displayed at the licensed premise?

Answer 13

Yes, the managers name must be prominently displayed inside the premises.

Question 14

Who may enter a restricted area in sale and supply alcohol?

Answer 14

Anyone over the age of 18

Question 15

Who may enter a supervised area for sale and supply?

Answer 15

Any one over the age of 18, unless the minor is accompanied by a parent or legal guardian.

Question 16

What is an exception for minors in a restricted and supervised area?

Answer 16

They can be:
Stocking shelves
Cleaning
Removing, replacing any equipment
Checking or removing cash
Preparing or serving any meal.

Question 17

Can a minor in a restricted area sell alcohol?

Answer 17

Nope.

Question 18

When can a minor sell and supply alcohol?

Answer 18

When they are working in a supervised area.

Question 19

Penalty for Minor found in a supervised / restricted area?

Answer 19

$250 infringement notice to the duty manager or $2000 fine from the district court.
$250 infringement notice for the minor.

Question 20

Penalty for minor purchasing alcohol?

Answer 20

$2000 for the licensee
$250 infringement notice for the minor.

Question 21

What is vicarious liability?

Answer 21

The licensee and manager is liable for the offences committed by the bar staff.
They do not need to have knowledge of the offence.

Question 22

What is a defence for vicarious liability?

Answer 22

The employee must be acting within the scope of the authority they are in e.g., a cleaner cannot go and sell alcohol as it is not within their duties.

Question 23

What are the 3 documents that can be provided for sale and supply?

Answer 23

Passport
NZ Drivers License
A Kiwi access card issued by hospitality (18+)

Question 24

Section 252 Sale and Supply Act 2012

Answer 24

It is an offence to allow somebody to remain on a licensed premises while intoxicated.

Question 25

Defence for Section 252 (intoxicated person remain on premise) Sale and Supply Alcohol Act 2012

Answer 25

The licensee/manager proves they took reasonable steps to take person to a place of safety, or remove person when they became aware of the situation.

Question 26

Section 253: Sale and Supply of Alcohol Act 2012

Answer 26

Allows violent, quarrelsome, um insulting or disorderly conduct on licensed premises.

Question 27

Defence for S253 Sale and Supply Alcohol Act 2012

Answer 27

If the licensee/manager proves they took reasonable steps to take person to a place of safety, or remove person when they became aware of the situation.

Question 28

Section 239 Sale and Supply of Alcohol Act 2012

Answer 28

Sale or supply of alcohol to minors on or from licensed premises.

Question 29

Section 241 sale and supply of alcohol act 2012

Answer 29

Supplying alcohol to minors.

Question 30

Defence for Section 241 (supplying alcohol to minors)

Answer 30

1. Parent or guardian supplies the alcohol in a reasonable manner. 2. Believes on reasonable grounds that the minor is not a minor. 3. Believes in reasonable grounds that he or she has express consent of the parent/guardian of the minor and supples in a reasonable manner.

Question 31

What is outside licensing hours?

Answer 31

Anytime later than 30 minutes outside the closing time stated on the licence. Any other time when the premises are required to be closed.

Question 32

Section 267 Sale and Supply of Alcohol Act 2012

Answer 32

Powers to enter premise.

Question 33

Section 269 Sale and Supply Alcohol 2012

Answer 33

Power to demand information. - has committed - is committing - is attempting to commit.

Question 34

What can you do if a person fails or refuses to give details against S269 (power to demand particulars sale and supply)

Answer 34

Be cautioned and then if continues to persist further then they should be arrested.

Question 35

Power of arrest for refusal of details for Section 269 (refuse particulars) sale and supply of alcohol act 2012

Answer 35

Section 269(4)

Question 36

Any reasonable time definition: sale and supply of alcohol act 2012

Answer 36

Ascertain if the licensee is complying with this act and their licence.

Question 37

Any time definition: sale and supply of alcohol act 2012

Answer 37

When they have RGTB that any offence against this act is being committed on those premises.

Question 38

Section 266: sale and supply of alcohol act 2012

Answer 38

Closure of licensed premises by police.

Question 39

When must a licensed place closed when closed by police?

Answer 39

My not close any later than 24 hours from the end of the day in which the order was made.

Question 40

What is public transport for the purposes of alcohol offences in a public place?

Answer 40

Vehicles, chartered transport, vessels, trains.

Question 41

Section 38(1) of Summary of Offences Act 1981

Answer 41

Alcohol offences on public transport: - relates to anyone regardless their age. - drinks, supplies, offers to supply, has possession for consumption therein.

Question 42

Powers to arrest for Alcohol offences on Public Transport.

Answer 42

Section 39(2) because they have to been within view and refuse/give false details.

Question 43

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

Answer 43

Minor in possession of Alcohol for Consumption. - public place. - not accompanied by their parent or legal guardian.

Question 44

Section 38(3)(a): Summary of Offences Act 2012

Answer 44

Minor drinking in a public place. - not accompanied by their parent/legal guardian.

Question 45

Policing Act 2008 Section 36

Answer 45

Take a person who they find intoxicated: 1. Person’s home (needs to have responsible person to look after them) 2. Temporary shelter 3. Police station

Question 46

How long can we hold a intoxicated person for?

Answer 46

12 hours, any longer then a medical practitioner will need to be contacted.