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Exam 1 - need to know > Sale And Supply Of Alcohol Act 2012 > Flashcards

Sale And Supply Of Alcohol Act 2012 Flashcards

1
Q

What is the definition of an intoxicated person?

A

Means observably affected by alcohol, other drugs or other substances to such a degree that 2 or more of the following are evident:

SPEECH is impaired

CO ORDINATION impaired

APPEARANCE is affected

BEHAVIOUR is impaired

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2
Q

What are the four types of licences?

A

On licence S.14

Off licence S.17

Club licence S.21

Special licence S.22

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3
Q

What 2 things must be displayed at all times inside a licensed premises?

A

A copy of the licence (S.56 & S.57)

The current managers name (S.214)

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4
Q

What is Section 242?

A

Employing minors in a restricted area

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5
Q

Under section 242, what are the exemptions?

A
  • Cleaning, repairing, maintaining, altering or restocking premises or equipment
  • Removing or replacing equipment
  • Stocktaking
  • Checking or removing cash
  • Preparing or serving any meal
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6
Q

What is Section 243?

A

Minors purchasing alcohol

Minors cannot purchase alcohol on or from a licensed premises

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7
Q

What is Section 244?

A

Minors found in a restricted of supervised area.

Minors can be in a supervised area for:

*cleaning, repairing, maintaining,
altering or restocking the area or any equipment in the area.

  • removing or replacing any such equipment
  • stocktaking
  • checking or removing cash
  • preparing or serving any meal
  • selling or supplying alcohol
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8
Q

Can a minor sell and supply alcohol in a supervised area?

A

Yes

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9
Q

What is Section 247?

A

Unauthorised sale or supply (selling after hours)

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10
Q

What is Section 248?

A

Sells or supplies to intoxicated person

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11
Q

What is Section 249?

A

Allows a person to become intoxicated

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12
Q

What is Section 252?

A

Allows intoxicated person to be or remain on licensed premises

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13
Q

What is Section 253?

A

Allows violent, quarrelsome, insulting or disorderly conduct on licensed premises

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14
Q

What is Section 256?

A

Allows persons to be on licensed premises outside licensing hours

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15
Q

Section 267 is our power of entry, what are the 2 reasons that enable us to enter?

A

To ascertain if the licensee is complying with the Act/Licence

If you have RGTB that any offence against the act is being committed on those premises

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16
Q

Do you have a power of arrest for Section 267?

A

No, but you can consider arresting for obstruction if people do not comply

17
Q

Under what section do we have the power to demand information?

A

Section 269

18
Q

Under section 269, when can you demand information

A

When a constable has RCTS any person

  • is committing
  • has committed
  • is attempting to commit

Any offence against this act

19
Q

Under section 269, what information can you demand?

A

Name

Address

Date of birth

20
Q

What is the process if a person refuses to give these details or if you believe the details are false and they won’t provide ID?

A

You must caution the person

If they still refuse, then you can arrest them

21
Q

Under section 256, it’s an offence to be found on a licensed premise outside licensing hours. What does “outside licensing hours” mean?

A

It means at any time later than 30 mins after the closing time stated on the licence or any other time when the premises are required to be closed for the sale of alcohol

22
Q

What are the conditions in which police are able to order the temporary closure of licensed premises?

A
  • If a riot is taking place or RGTB that a riot may occur
  • if there is fighting or serious disorder or RGTB that fighting or serious disorder about to break out
  • significant threat to public health or safety
  • substantial public nuisance
  • RGTB Offences have been committed on the licensed premises that carry a maximum penalty of 5 years or more and there is a significant risk of further Offences
23
Q

A minor commits an offence under the SUMMARY OFFENCES ACT, section 38(3)(a) when a minor _______ alcohol in a _________ ____________.

A

When a minor drinks alcohol in a public place

24
Q

What is Section 38(3)(b) of the Summary Offences Act 1981?

A

A minor, has in her/his possession, for the consumption of alcohol, in a public place, while not accompanied by parent or legal guardian.

25
Q

What is Section 38(1) of the Summary Offences Act 1981?

A

Any person,

Drinks, supplies, offers to supply, has possession for consumption therein,
Alcohol, on any public transport

26
Q

What is the procedure to deal with an offence under section 38?

A

Identify which offence is being committed

Request name and address

If not supplied warn liable to be arrested. If refused, arrest and seize alcohol

27
Q

The power to seize alcohol and it’s container comes from section 45 of what Act?

A

Summary Offences Act 1981

28
Q

Intoxicated means observably affected by alcohol, other drugs or other substances to such a degree that 2 or more of the following are evident:

A

APPEARANCE is affected

BEHAVIOUR is impaired

CO ORDINATION impaired

SPEECH is impaired

29
Q

What is Section 36 in regards to intoxicated people?

A

A constable may take a person whom they find intoxicated

In a pp or trespassing

And person incapable of protecting themselves
Or likely to cause harm
Or likely to cause damage to property

To their home or shelter or police station

30
Q

Under what circumstances can you take an intoxicated person to a police station? (Section 36)

A

Taking to a police station is appropriate only if the other options are

Not available
Unsafe
Impractical

31
Q

What rights does an intoxicated person have?

A

Any person dealt with by police must:

  • be given their caution rights
  • allowed to make one phone call if detained at police station
  • released as soon as sober or no more then 12 hours ( if u think they need lingers than contact medical person)
32
Q

How should you deal with a child of CYP you find intoxicated?

A

The same provisions of the policing act 2008 apply

Contact youth aid officer if you have any concerns for them

33
Q

What should you look for when assessing intoxication

A

SPEECH is impaired

CO ORDINATION impaired

APPEARANCE is affected

BEHAVIOUR is impaired

Ie relaxation and sleepiness, laughter, slurred speech, the inability to walk straight

34
Q

Define the 3 different levels of intoxication:

A

Sober
Influenced
Intoxicated

Exam 1 - need to know (22 decks)

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