Sale and Supply of Alcohol Act 2012 Flashcards
What is a special license?
Allows the holder to sell or supply liquor to any person attending the occasion or event described in the license
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 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 liquor
What is the acronym for the exceptions to minors in a supervised area?
SCREMS:
Stocktaking, Cash (removal/change), Removing (equipment), Equipment (cleaning/maintenance), Meal (preparation/serving), Selling liquor
What is the acronym for the exceptions to minors in a restricted area?
SCREM:
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 liquor infringement notice, what else must you do?
Seize a sample of the liquor as an exhibit
In terms of Sale of Liquor, 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?
Unauthorised sale/supply,
Sells/supplies to intoxicated person
Allows a person to become intoxicated
Allows persons to be on licensed premises after hours
Sells/supplies liquor to a minor
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 (SCRE) 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?
- Minors consuming alcohol in a public place
- Minors possessing alcohol for consumption in a public place
- Possession of alcohol for consumption in public transport
What are your powers of seizure around liquor consumption in public places?
Police may seize alcohol and container.
It is important that alcohol is seized and retained when a person is charged.
If the person is only warned/charged but not convicted, they are entitled to the return of the alcohol.
What are the defences for purchasing liquor for minors?
It is your own child,
OR they are attending a private function
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 the 4 types of licences?
On licence
Off licence
Club licence
Special licence
On licence
On licence allows the holder to Sell Supply Allow consumption of Alcohol on the premises/conveyance
Note: does not apply to clubs
Off licence
Off licence allows the holder to Sell Deliver Arrange delivery of Alcohol for consumption off the premises
Note: allows consumption off the premises only, eg. Bottle stores, supermarkets
Club licence
Club licence allows the holder to
Sell
Supply
Alcohol for consumption on the premises to any
Member of the club
Guest accompanied my a member of the club
Member of another club with reciprocal visiting rights
Note: the club cannot be open to the public
Intoxication
Affected by drugs/alcohol/substance to such a degree that 2 or more of the following are evident SCAB speech impaired Coordination impaired Appearance affected Behaviour impaired
Section 267
Allows the power of entry to ascertain whether the licensee is complying with their obligations under the act
Section 269
Anyone who has committed, or is committing, or is attempting to commit any offence under this act must supply their particulars if required
