Sale and Supply of Alcohol Act 2012

Question 1

What is a “bar”?

Answer 1

Part of a hotel / tavern used for supply/sale/consumption of alcohol

Question 2

What is a “club”?

Answer 2

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

Question 3

What is a “restricted area”?

Answer 3

Any part of licensed premises restricted to persons 18 and over

Question 4

What is a “supervised area”?

Answer 4

A part of licensed premises where persons under 18 shall not be admitted unless accompanied by their parent or legal guardian.

Question 5

What is the definition of “Alcohol”?

Answer 5

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

Question 6

What is a “minor”?

Answer 6

Person under 18

Question 7

What is the definition of “intoxication”?

Answer 7

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

Question 8

What is an on license?

Answer 8

A on-license authorises the holder to:
sell
supply
allow the consumption of
Alcohol on the premises or conveyance describe in the licence

Question 9

What is an off license?

Answer 9

A Off-license authorises the holder to: 
sell
deliver
arrange for delivery of 
Alcohol for consumption off the premises describe in the licence

Question 10

What is a club license?

Answer 10

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.

Question 11

What is a special license?

Answer 11

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

Question 12

Where must a license be displayed?

Answer 12

The interior of the premises so as to be easily read by people entering through the principle entrance.

Question 13

What are “licensed premises”?

Answer 13

means any premises for which a licence is held

Question 14

What is the rule around displaying manager’s identity?

Answer 14

The managers name must be prominently displayed inside the premises.

Question 15

What are the three offences involving minors on licensed premises?

Answer 15

Minors found in a restricted/supervised area

Employing minors in restricted areas

Minors purchasing alcohol.

Question 16

When can minors be in a supervised area?

Answer 16

Stocktaking, Cash (removal/change), Removing (equipment), Equipment (cleaning/maintenance), Meal (preparation/serving), Selling liquor.

Question 17

When can minors be in a restricted area?

Answer 17

Stocktaking, Cash (removal/change), Removing (equipment), Equipment (cleaning/maintenance), Meal (preparation/serving)

Question 18

What are approved proof of age documents?

Answer 18

Passport (NZ or overseas)
NZ drivers license
HANZ 18+ card.

Question 19

When you complete a alcohol infringement offence notice, what else must you do?

Answer 19

Seize a sample of the liquor as an exhibit.

Question 20

In terms of Sale supply of alcohol, what is vicarious liability?

Answer 20

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

Question 21

What are the 6 offences committed by licensees/managers?

Answer 21

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.

Question 22

What are the exceptions to offences committed by licensees/managers?

Answer 22

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.

Question 23

What are the three offences that involve drinking in a public place?

Answer 23

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.

Question 24

What are your powers of seizure around liquor consumption in public places?

Answer 24

Power to seize alcohol and container, but if person is only warned/charged and not convicted, they are entitled to the alcohol back.

Question 25

What are the defences for purchasing liquor for minors?

Answer 25

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.

Question 26

What are two liquor offences that can be committed by anyone?

Answer 26

Purchasing liquor for a minor, OR remaining on licensed premises after hours (30 minutes)

Question 27

What are police powers to enter licensed premises under section 267(1)?

Answer 27

At any reasonable time
Enter and inspect licensed premises
To ascertain if the Licensee or Manager is complying with the Act / License.

Question 28

What are police powers to enter licensed premises under section 267(2)?

Answer 28

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.

Question 29

What can you do if the they refuse entry or delay entry?

Answer 29

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.

Question 30

What section of the Act allows you to demand information?

Answer 30

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

Question 31

What power do police have to close licensed premises?

Answer 31

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