Sale and Supply of Alcohol Act 2012 Flashcards
What is the object of S4 of the Sale and Supply of Alcohol Act 2012?
- the sale, the supply and consumption of alcohol should be undertaken safely and responsibly
- the harm caused by excessive or inappropriate consumption of alcohol should be minimized
Under S4 what is included as harm caused by the excessive or inappropriate consumption of alcohol?
Directly or indirectly any:
- crime
- damage
- death
- disease
- disorderly behavior
- illness or injury
- harm to society or community
How long can a constable order the closure of a licensed premise?
Until a time stated in the order and no later than 24 hours from the end of day on which the order was made.
S267 - When can a constable enter a licensed premise to check compliance?
- Any reasonable time enter and inspect to ensure compliance.
- At any time enter if RGTB offence against the act is being committed.
Sec 269 - Police power to demand information (Sale and Supply of Alcohol Act 2012)
- RGTS person has/is/will commit offence against the act may required name, add and DOB.
- If person fails or refuses and after caution still refuses, can arrest.
Who is authorised to close a premise?
Any constable if satisfied on reasonable grounds that one of the following is happening:
- Riot, fighting, serious disorder
- Significant threat to public health or safety
- Substantial public nuisanse
- Offence over 5 years imprisonment
Inform a Sgt or above to immediate close premise.
Sec 169 - Breach of liquor ban powers
A constable may without warrant, for the purpose of ascertaining whether alcohol is present, search:
- any container in the possession of a person
- a vehicle that is entering a restricted area
Seize and remove the alcohol.
Arrest any person committing an offence.
Arrest a person who refuses to comply with a request by a constable to leave a restricted place or surrender any alcohol.
Before you search a container or vehicle for alcohol, you must
Inform the person they can remove the container or the vehicle from the public place and give them reasonable opportuinity to do so.
What are the liquor ban enforcement principles?
- enforcement will not be directed to strict compliance, more the reason for the ban
- question of time, place and circumstance as to whether it is appropriate to take enforcement action
- enforcement is to prevent alcohol related harm and anti-social behavior in public places
If there is a closure of licensed premises, what can a licensee do if their premise is closed?
As soon as the order is given, the licensee or manager may apply to:
- DC Judge or
- 2 or more Justices or
- any 1 or more Community Magistrates
For the revocation of the order.
Exceptions to s169 Sale and Supply of Alcohol Act 2012
You may, immediately and without further notice, search a container or a vehicle if the territorial authority has:
- specified the public place (by public notice given 14 days in advance) where and when Police are authorised to search; and
- indicated the location of the public place by one or more clearly legible notices affixed in one or more conspicuous places on, or adjacent to, the place to which the notice relates, unless it is impracticable or unreasonable to do so
What is an AION?
What are the 3 types of AION issued?
What must you prove to issue an AION?
What is the penalty for an AION?
- Alcohol infringement offence notice
- Consuming, possessed and bought into
- ID, breached bylaw by consuming, possessing or bringing alcohol into a public place specified in the bylaw
- $250
Section 169(2)(b) of the Local Government Act gives Police the power to…
Without warrant seize and remove alcohol and container in a restricted place in breach of the liquor ban.
What are the factors when deciding to close a liquor licensed premises?
What factors should be taken into account with the duration of the closure?
- Weight of evidence
- Previous Police interactions
- Likelihood of escalating violence
- Duration of closure
- When ORDER is likely to be restored
- CLOSURE sufficient to address public nuisance concerns
- The IMPACT on the license
