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362 Exam 2 > Sale And Supply Of Alcohol Act 2012 > Flashcards

Sale And Supply Of Alcohol Act 2012 Flashcards

1
Q

What are the four types of licenses?

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

What is a restricted area?

A

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

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3
Q

What is a supervised area?

A

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

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4
Q

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

A

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

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5
Q

What is the definition of Intoxicated?

A

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

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6
Q

What is the definition of a club license?

A

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.

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7
Q

What is the definition of an off-license?

A

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

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8
Q

What is the definition of an on-licence?

A

Sell, supply and consume alcohol on the premise.

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9
Q

What is the maximum trading hours?
(Default National)

A

8am-4am

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10
Q

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

A

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

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11
Q

What is the definition of Special License?

A
  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.
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12
Q

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

A

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

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13
Q

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

A

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

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14
Q

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

A

Anyone over the age of 18

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15
Q

Who may enter a supervised area for sale and supply?

A

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

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16
Q

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

A

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

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17
Q

Can a minor in a restricted area sell alcohol?

A

Nope.

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18
Q

When can a minor sell and supply alcohol?

A

When they are working in a supervised area.

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19
Q

Penalty for Minor found in a supervised / restricted area?

A

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

20
Q

Penalty for minor purchasing alcohol?

A

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

21
Q

What is vicarious liability?

A

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

22
Q

What is a defence for vicarious liability?

A

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.

23
Q

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

A

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

24
Q

Section 252 Sale and Supply Act 2012

A

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

25
Q

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

A

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.

26
Q

Section 253: Sale and Supply of Alcohol Act 2012

A

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

27
Q

Defence for S253 Sale and Supply Alcohol Act 2012

A

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.

28
Q

Section 239 Sale and Supply of Alcohol Act 2012

A

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

29
Q

Section 241 sale and supply of alcohol act 2012

A

Supplying alcohol to minors.

30
Q

Defence for Section 241 (supplying alcohol to minors)

A
  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.
31
Q

What is outside licensing hours?

A

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

32
Q

Section 267 Sale and Supply of Alcohol Act 2012

A

Powers to enter premise.

33
Q

Section 269 Sale and Supply Alcohol 2012

A

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

34
Q

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

A

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

35
Q

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

A

Section 269(4)

36
Q

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

A

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

37
Q

Any time definition: sale and supply of alcohol act 2012

A

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

38
Q

Section 266: sale and supply of alcohol act 2012

A

Closure of licensed premises by police.

39
Q

When must a licensed place closed when closed by police?

A

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

40
Q

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

A

Vehicles, chartered transport, vessels, trains.

41
Q

Section 38(1) of Summary of Offences Act 1981

A

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

42
Q

Powers to arrest for Alcohol offences on Public Transport.

A

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

43
Q

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

A

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

44
Q

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

A

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

45
Q

Policing Act 2008 Section 36

A

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

46
Q

How long can we hold a intoxicated person for?

A

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

362 Exam 2 (9 decks)

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