Sale and Supply of Alcohol Act 2012 Flashcards
What is a restricted area?
Any part of a licenced premises to which minors must not be permitted.
What are the 4 types of licence?
- On licence
- Off licence
- Club licence
- Special licence
What is an on-licence?
An on-licence authorises the holder of the licence to:
- sell, supply and allow consumption of alcohol on the premises or conveyance described in the licence.
e. g restaurant, bar
What is an off-licence?
An off licence authorises the holder of the licence to sell, deliver, arrange for delivery of alcohol for consumption off the premises.
What is a club licence?
A club authorises the holder of the licence to sell and supply alcohol for consumption on the premises described in the licence to any member of the club, guest accompanied by a member of the club, member of another club with reciprocal visiting rights. Eg RSA, Cossie club
What is a special licence?
2 types:
- Onsite- sell, supply alcohol for consumption on the premises to any person attending any occasions or events described in the licence.
- Offsite- sell alcohol for consumption elsewhere to any person attending any occasions or events describing in the licence. eg wedding, Big Day Out
Minors found in a supervised or a restricted area?
Every person commits an offence who:
- Being under 18
- Is found in any restricted area OR supervised area (unless accompanied by a parent or LG)
- On licenced premises
What are the exceptions for minors in supervised and restricted areas?
Employees or people doing:
- cleaning, repairing, maintaining, altering or restocking
- removing or replacing any equipment
- stocktaking
- checking or removing cash
- preparing or serving any meal
- selling and supplying alcohol (only applies to SUPERVISED AREA)
What is the offence minors purchasing liquor made up of?
Every person commits an offence who:
- being a person under 18
- purchases
- any alcohol on or from a licenced premised
What is “vicarious liability”?
The licensee or manager is legally liable for any offence committed by his/her staff
What are the offences that can be committed by Licensees or Managers?
Section 247- Unauthorised sale or supply (after hours)
Section 248- Sells or supplys to intoxicated person
Section 249- Allows a person to become intoxicated
Section 252- Allows intoxicated person to be or remain on licenced premisea
Section 253- Allows violent, quarrelsome, insulting or disorderly conduct on licenced premises
Section 256- Allows person to be on licenced premises outside the licencing hours
Section 255- Patron being found on licenced premises outside licencing hours
What are other alcohol offences?
Section 239- Sale or supply of alcohol to people under the purchase age
Section 241- Supplying alcohol to minors
What is Section 267 of the Sale and Supply of Alcohol Act 2012?
- Power to enter premises to check if complying with licence/act
2 If they have RGB an offence against act is being done on the premises
What is Section 269 of the Sale and Supply of Alcohol Act 2012?
Power to demand info. If they refuse warn them, if they still refuse K9.
What is Section 266 of the Sale and Supply of Alcohol Act 2012?
Closure of licenced premises by Police. Police can close a premise for up to 24 hours in order to prevent an incident or if an incident is out of control.
