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Book 11: Sale and Supply of Acohol Act 2012 > Sale and Supply of Alcohol Act 2012 > Flashcards

Sale and Supply of Alcohol Act 2012 Flashcards

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0
Q

What are the ingredients for Minor in Possession of Alcohol for Consumption?

A

Section 38(3)(b)

  1. Minor - Every person under 18 years of age
  2. Has in his/her possession FOR CONSUMPTION (intent) of
  3. Any intoxicating liquor
  4. In a public place
  5. While not accompanied by his/her parent or legal guardian
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1
Q

What are the ingredients of Minor Drinking in a Public Place?

A

Section 38 (3)(a)

  1. Minor - under the age of 18 years old
  2. Drinks Intoxicating liquor
  3. In a public place
  4. While not accompanied by
    parent or legal guardian
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2
Q

What are the ingredients for Alcohol Offences on Public Transport?

A

Section 38(1)

  1. Any person - age is not a factor
  2. Drinks
  3. Supplies/ offers to anyone - gives, sells, distributes or offers to
  4. Has possession/control for consumption therein ( you must
    establish person is intending to drink on a public conveyance
  5. Liquor - more than 2% alcohol
  6. In or on public transport
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3
Q

Regarding the Sale and Supply of Alcohol Act 2012,what are the duties of police?

A
  1. Provide a vetting service for all licence applications and manager certificates applications.
  2. Enforce the provisions of the Act in relation to Licensees, managers, staff and patrons.
  3. Enforcing the offence provisions of the Act regarding Sale, supply and consumption.
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4
Q

What is the difference between a Restricted Areas and a Supervised Area?

A

Restricted Area- no minors allowed

Supervised Area- minors allowed under supervision of parent/guardian.

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5
Q

Under the Sale and Supply of Alcohol Act 2012 what is the definition of a minor?

A

Person under 18 years old

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6
Q

Define ‘Intoxication’?

A

Observably affected by alcohol, drugs or other substances or a combo.

Evident by:

A- appearance is affected
B- balance is impaired
C- co-ordination is impaired
S- speech is impaired

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7
Q

Define the following:

On-licence and 
On-licence BYO Restaurants
Off-licence
Club licence
Special licence
A

Section 14: On-licence= can sell,supply, allow consumption ON PREMISES

Section 15: On-licence BYO Restaurant=

  • Can let diners consume alcohol brought with them!
  • Remove alcohol brought with them if sealed or re-sealed.
  • Can sell and supply for consumption in restaurant alcohol under 14.33%
  • can let people consume alcohol.

Section 17: Off- Licence= sell, deliver, arrange for delivery for consumption OFF THE PREMISES

Section 21: Club Licence= sel and supply on for consumption on premises to club members, guests and visiting club members (Not for gain)

Section 22: 2 kinds of Special Licences

  1. ON SITE sell, supply for consumption on premises for events, occasions.
  2. OFF SITE sell for consumption on premises for events, occasions.
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8
Q

What is the default national maximum trading hours.

A

Section 43:

Between 8am and 4am for consumption on premises.

For an off-licence between 7am and 11pm

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9
Q

Regarding the display of licence and signs what are the requirements?

A

Section 56 & 57:
Display licence at all times where it can be easily read by people entering through principle entrance

Section 214(3): 
Manager's name to be prominently displayed inside premises when on duty.
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10
Q

Explain the ingredients and consequences of a minor on licensed premises:

A

Section 214: Minors found in restricted or supervised areas

FOUND (in or seen leaving or entering) in any
RESTRICTED AREA or
SUPERVISED AREA (Unless in a supervised area and supervised by parent/guardian)
(Don’t need to be consuming alcohol)

Penalty
$2000 fine for BAR MANAGER if taken to District court or $250 infringement notice
$1000 fine if taken to court or $250 for MINOR

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11
Q

What are exemptions for MINORS being in a SUPERVISED AREA?

A
  • cleaning, repairing, altering , maintaining or re-stoking
  • removing or replacing any such equipment
  • stock-taking
  • checking or removing cash
  • preparing it serving meals
  • SELLING AND SUPPLYING ALCOHOL
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12
Q

Explain to the difference between sections 244 and 243 of the Sale and Supply of Alcohol Act 2012:

A

Section 244: Minor Found in Restricted or Supervised Area

Section 243: Minor buying alcohol is a 2nd offence (under 18 buying alcohol on a licensed premises)

Penalty $2000 fine
$250 infringement notice

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13
Q

Explain employing a minor in a restricted area:

A

Section 242

It is as offence to employ a minor in a restricted area while the area is open to the sale of alcohol.

  • cleaning, repairing, altering , maintaining or re-stoking
  • removing or replacing any such equipment
  • stock-taking
  • checking or removing cash
  • preparing it serving

Penalty $2000 fine

exemptions apply as per standard employees except ‘selling and supplying alcohol’ as in a Supervised area.

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14
Q

What are the 3 accepted documents for proof of age?

A 
Passport 
Driver licence (photographic)
18 plus card (hospitality industry)

Other ID can be used but the above provide an AUTOMATIC DEFENCE against prosecution.

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15
Q

What is an Alcohol Infringement Offence Notice and what are the Enforcement Principles?

A

POL1030 AION (Instant $250 fine)

Enforcement Principles
1. Enforcement will NOT BE DIRECTED TO STRICT COMPLIANCE but rather having REGARD FOR REASON for imposing ban.

  1. A question of TIME,PLACE AND CIRCUMSTANCE as to whether it is appropriate to take enforcement action
  2. Enforcement action will be directed to PREVENTING alcohol related HARM and ANTISOCIAL BEHAVIOUR caused but the consumption of alcohol in public places.
16
Q

What is Vicarious Liability?

A

When barstaff breach Sale and Supply of Alcohol Act 2012 they are legally liable for their actions . However the licensee or manager is legally liable as well for the offence committed by the barstaff.

They do NOT need to have knowledge of offence though employee must be acting within the scope of the authority conferred on them.

Defence-
Eg. A cleaner who sold it would not mean the licensee to manager were liable.
- putting training in place to identify prevention of this.
-reason to believe they were over 18

17
Q

What are the Offences that can be committed by Licensees or Managers?

A

S247
Unauthorised sale or supply (selling after hours)
Licensee and manager $20,000 and/or upto 7 day suspension of licence

S248
Sells or supplies to intoxicated person
Licensee $20,000 and/or upto 7 day suspension of licence
Manager $10,000, staff $2000

S249
Allows a person to become intoxicated
Licensee and manager $10,000 and/or upto 7 day suspension of licence

S252
Allows intoxicated person to remain on premises
$5000
Defence: took reasonable steps to remove person.

S253
Allows violent, quarrelsome, insulting or disorderly conduct on licensed premises
$10,000
Defence as above.

S256
Allows persons to be on licensed premises outside licensing hours.
30 minutes to get all people out. (4.30pm generally but from time required to close if different closing time.) offence for patron also.
$10,000

18
Q

Explain sale or supply of alcohol to people under the purchase age:

A

S239(1)&(2)
Licensee, manager or other cannot sell or supply alcohol to person under 18 on or from premises.

Penalty max. $10,000 fine for licensee or manager and $2000 for employee or other person.

Defences- RGTB over 18

19
Q

Explain the supplying alcohol to minors:

A

S241

Offence is committed if a person buys or acquires alcohol on or from any licensed premises with the intention of supplying it to a person under 18.
Defence- parent or guardian in a responsible manner
RGTB they are not a minor

20
Q

Explain The power to enter a licensed premises.

A

S267: Power to Enter
Police may:

at any reasonable time. /at any time

Enter and /or inspect a licensed premises

To ascertain if licensee or manager are complying/or have RGTB an offence is being committed

Any person without reasonable excuse or delay

Refuses or fails to admit police

Liable $2000 fine

No power of arrest- arrest for obstruction

21
Q

Explain the power to demand information.

A

S269
When police have reasonable cause to suspect anyone has committed an offence against the act they may demand NAME, ADDRESS and DOB.
If the officer believes they are false they may demand evidence and if person fails to refuses they can be WARNED and if persist be arrested.
269(3)power of arrest-failing to provide details

22
Q

Explain the Closure of Licensed Premises by Police.

A

S266
Police have the power to close a licensed premises when:

  1. Riot is or about to take place
  2. Fighting or serious disorder is or about to break out
  3. Significant threat to public health and safety
  4. Conduct on licensed premises amounts to substantial public
    nuisance
  5. RGTB offence has been committed that carries max. penalty 5
    years or more and Significant risks of such offences being committed if premises remains open.
23
Q

Explain Intoxicated People Found in a Public Place or Trespassing on Private Property.

A

S36
Police can take a person whom they find intoxicated in a public place or trespassing on private property,
-and is incapable of protecting themselves from physical harm
-likely to cause physical harm to a person
- likely to cause significant damage to property

To:
Option 1: Intoxicated persons home unless not reasonably practical
Option 2: temporary shelter unless not reasonably practical
Option 3:police station

24
Q

What is ALCO-LINK?

A

A key tool assessment tool used by police to help drive done alcohol-related crime and crashes.

Involves questions to ascertain persons level of intoxication

Levels:
Nil
Slight
Moderate
Extreme

Note: do NOT use screening or evidential breath testing to make an assessment because person may be materially affected by alcohol for the purpose of driving but may not have reached the stage where the ordinary person would describe as intoxicated.

25
Q

What is the main difference between a supervised and restricted area with regards to employees.

A

Section 163 (Minors Found in Bars)

Minors CAN serve and sell liquor in a supervised area but

Minors CANNOT serve and sell liquor in restricted areas

26
Q

Under section 170 of being found on the premises outside licensing hours, what are the exemptions?

A
  1. Licensee/Manager or spouse of, or family member
  2. Any lodger or bona fide guest
  3. Any employee residing on premises
    4.any employee/agent of licensee/manager who is there with
    managers authority for purpose of:
    -cleaning, repairing, maintain, altering or re-stocking
    -removing or replacing any such equipment
    -stocktaking
    -checking or removing cash
  4. Any employee not living there who is there no later than 30min after closing.
27
Q

Regarding purchasing liquor for minors, what are the defences?

A

If purchaser is intending to supply it to:
-their own child( or whom they have a legal guardianship over)
Any other person who is attending a private function

28
Q

What are the powers of entry to a licensed premises?

A

S267(1)
At any REASONABLE TIME
ENTER and/or inspect licensed premises
To ascertain if they are COMPLYING WITH LICENSE AND SOL Act
($1000 fine for failing, refusing or delaying police entry.)
S267(2)
At ANY TIME
ENTER and/or inspect licensed premises
If they have RGTS OFFENCES ARE BEING COMMITTED
($1000 fine for failing, refusing or delaying police entry.)

29
Q

What can police do if they fear that serious disorder will break out on a licensed premises?

A

Temporarily close it to regain control. Closure lasts until end of day or until order is restored.

30
Q

Explain Powers to demand information.

A

Section 176: If you have RGTB anyone is, has or is attempting to commit and offence against SOL Act 1989,

You can DEMAND
name
Address
DOB

Fails or refuses- MUST warn them first and if they persist arrest for refusing/failing to supply information.

31
Q

What is the definition of Intoxicating Liquor?

A

A substance

(a) that-
i) contains a fermented, distilled, or spiritous liquor; and
ii) at 20 degrees is found on analysis to contain 1.15% or more ethanol or

(b)

i) is a frozen liquid, or a mixture of a frozen liquid and another substance or substances and
ii) is alcohol when completely thawed to 20 degrees

(c) that whatever it’s form, is found after analysis to contain 1.15% or more ethanol by weight in a form that can assimilated by people

Book 11: Sale and Supply of Acohol Act 2012 (1 decks)

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