Sale and Supply of Alcohol Act 2012 Flashcards
What is a “bar”?
Part of a hotel / tavern used for supply/sale/consumption of alcohol
What is a “club”?
means a body that
(a) is a body corporate having as its object (or as one of its objects) participating in or promoting a sport or other recreational activity, otherwise than for gain, or
(b) is a body corporate whose object is not (or none of whose object) is gain, or
(c) holds a permanent club charter
What is a “restricted area”?
Any part of licensed premises restricted to persons 18 and over
What is a “supervised area”?
A part of licensed premises where persons under 18 shall not be admitted unless accompanied by their parent or legal guardian.
What is the definition of “Alcohol”?
Means a substance that:
Is or contains fermented, distilled, or spirituous liquor, and
At 20 degrees is found on analysis to contain 1.15% or more ethanol by volume
What is a “minor”?
Person under 18
What is the definition of “intoxication”?
Means observably affected by alcohol, other drugs, or other substances (or a combination of 2 or all of those things) to such a degree that 2 or more of the following are evident:
Appearance is affected
Behaviour is impaired
Co-ordination is impaired
Speech is impaired
What is an on license?
A on-license authorises the holder to: sell supply allow the consumption of Alcohol on the premises or conveyance describe in the licence
What is an off license?
A Off-license authorises the holder to: sell deliver arrange for delivery of Alcohol for consumption off the premises describe in the licence
What is a club license?
A club-license authorises the holder to:
sell
or supply alcohol
for consumption on the premises described in the licence to any:
club member
guest accompanied by club member
member of another club with reciprocal visiting rights.
What is a special license?
There are two kinds of Special Licence
(1) On Site - Sell & Supply of alcohol for consumption on the premises to person attending any occasion or event described in the licence
(2) Off Site - Alcohol for consumption elsewhere to any person attending any occasion or event described in the licence
Where must a license be displayed?
The interior of the premises so as to be easily read by people entering through the principle entrance.
What are “licensed premises”?
means any premises for which a licence is held
What is the rule around displaying manager’s identity?
The managers name must be prominently displayed inside the premises.
What are the three offences involving minors on licensed premises?
Minors found in a restricted/supervised area
Employing minors in restricted areas
Minors purchasing alcohol.
When can minors be in a supervised area?
Stocktaking, Cash (removal/change), Removing (equipment), Equipment (cleaning/maintenance), Meal (preparation/serving), Selling liquor.
When can minors be in a restricted area?
Stocktaking, Cash (removal/change), Removing (equipment), Equipment (cleaning/maintenance), Meal (preparation/serving)
What are approved proof of age documents?
Passport (NZ or overseas)
NZ drivers license
HANZ 18+ card.
When you complete a alcohol infringement offence notice, what else must you do?
Seize a sample of the liquor as an exhibit.
In terms of Sale supply of alcohol, what is vicarious liability?
When the licensee/duty manager is legally liable for the actions of the bar staff, UNLESS the employee acted in breach of training, OR it was reasonable to believe the person was over 18
What are the 6 offences committed by licensees/managers?
s247 Unauthorised sale/supply
s248 Sells/supplies to intoxicated person
s249 Allows a person to become intoxicated
s252 Allows intoxicated person to be or remain on licensed premises
s256 Allows persons to be on licensed premises after hours
s239 Sells/supplies alcohol to a minor
s253 Allows intoxicated person to remain on premises OR allows violent, quarrelsome, insulting or disorderly conduct on licensed premises.
What are the exceptions to offences committed by licensees/managers?
Licensee/manager or their spouse/family
Lodger or bond fide guest
Employee who lives at premises
Employee working (eg. cleaning, cashup)
Employee not living on site for up to 1 hour after finishing work for the day.
What are the three offences that involve drinking in a public place?
Minor drinking in a public place unaccompanied
Minor has alcohol for consumption in public place unaccompanied
Drinks/supplies/offers to supply/possesses for consumption alcohol on any public transport.
What are your powers of seizure around liquor consumption in public places?
Power to seize alcohol and container, but if person is only warned/charged and not convicted, they are entitled to the alcohol back.
What are the defences for purchasing liquor for minors?
They are the parent or legal guardian and supply it in a responsible manner.
OR RGTB that they have the express consent of the parent or legal guardian of the minor to supply alcohol in a responsible manner.
What are two liquor offences that can be committed by anyone?
Purchasing liquor for a minor, OR remaining on licensed premises after hours (30 minutes)
What are police powers to enter licensed premises under section 267(1)?
At any reasonable time
Enter and inspect licensed premises
To ascertain if the Licensee or Manager is complying with the Act / License.
What are police powers to enter licensed premises under section 267(2)?
At any time
Enter and / or inspect licensed premises
If they have RGTB that any offence against the Act is being committed on those premises.
What can you do if the they refuse entry or delay entry?
Anyone without reasonable excuse and with unreasonable delay
Refuses or fails to admit a member of the Police who demand entry under this section
Commits an offence and is liable on conviction of a fine of $2000 fine
No power of arrest.
If they refuse you may consider arresting for Intentionally Obstructing Police.
What section of the Act allows you to demand information?
Section 269 – Power to demand information
RCTS anyone Has committed / Is committing / Attempting to commit any offence against the act, You may demand: • Name • Address • DOB
If the officer has a belief on reasonable grounds that the particulars are false may demand evidence of particulars.
If a person fails or refuses to give any particulars when demanded they shall be WARNED that if they persist they may be arrested
What power do police have to close licensed premises?
Section 266 – Power to temporarily close if riot is or likely to break out so police can regain control
– Power to temporarily close if fighting is or likely to break out so police can regain control
Any closure cannot last for more than 24hrs
