Sale And Supply Of Alcohol Act 2012 Flashcards
Learn and understand the act
What is Intoxication?
The person in observably affected by alcohol, other drugs or substances, to such a degree that 2 or more of the following is evident:
- Appearance is affected
- Behaviour is impaired
- Coordination is impaired
- Speech is impaired
What is the procedure for dealing with intoxicated people?
First option: Take them home unless the address is not obtainable, not safe, or impractical.
Second option: Take to temporary shelter unless it is closed or unavailable
Third option: Take to a Police Station for up to 12 hours to sober up
What are the circumstances you can take an intoxicated person to a Police Station?
If the other options are not available, unsafe, or impractical.
What are the rights of an intoxicated person?
- Give their caution rights
- If at a Police Station, they can make one phone call
- They are to be released as soon as sober: If still intoxicated after 12 hours a medical practitioner must recommend the person to be further detained for a period not exceeding 12 hours
What provisions are there for children or young persons who are intoxicated?
The same as the Policing Act 2008, however any concerns for the child or young person should be directed to the Youth Aid Office
What do you look for when assessing Intoxication?
Speech
Coordination
Appearance
Behaviour
Influenced Level of Intoxication
Speech: May be overly talkative, opinionated and interrupt, may stumble over words and become loud, inappropriate language, jokes etc
Coordination: Slowed or delayed reactions, swagger or occasional stagger or sways
Appearance: Vacant or blank expression, smell of alcohol, may look untidy
Behaviour: Overly friendly or withdrawn, inappropriate or risky actions, argumentative, annoying, fading attention, increased consumption rate
Intoxicated level of Intoxication
Speech: Slurred, difficulty forming words, loud, repetitive, loses train of thought, nonsensical, unintelligible
Coordination: Spills drinks, stumbles, trips, weaves, walks into objects, unable to stand un-aided or sit straight
Appearance: Bloodshot eyes, eyes glazed, inability to focus, tired, asleep, disheveled
Behaviour: Seriously inappropriate actions or language, aggressive, rude, belligerent, obnoxious behaviour affecting other customers
Definition of Bar
In relation to a hotel or tavern, means a part of the hotel or tavern used principally or exclusively for the sale or consumption of alcohol.
Definition of Club
Body that:
- Is a body corporate having as its object participating in or promoting a sport or other recreational activity, otherwise than for gain
- Is a body corporate whose object is not gain
- Holds permanent club charter
Minor definition.
A person under the age of 18 years
Definition of Alcohol
A substance that:
- Is or contains a fermented, distilled or spirituous liquor; and at 20°C is found on analysis to contain 1.15% or more ethanol by volume; or
- Is a frozen liquid, or a mixture of a frozen liquid and another substance or substances; and is alcohol when completely thawed to 20°C; or
- Whatever its form, is found on analysis findings in 1.15% or more ethanol by weight in a form that can be assimilated by people
Definition of Licensed Premises
Any premises for which a license is held
Definition of Restricted Area
Area that is designated as an area to which minors must not be admitted
Definition of Supervised Area
An area that is designated as an areantonehich minors must not be admitted unless accompanied by parent or guardian
What are the four alcohol licenses?
On-license
Off license
Club license
Special license
What does an On-license alcohol license do?
Authorised the holder of the license to: - Sell - Supply - Allow consumption of Alcohol on the premises or conveyance described on the license
What does an off license alcohol license do?
Authorised the holder to: - Sell - Deliver - Arrange for delivery of Alcohol for consumption off the premises describes in the license
What does a Club license alcohol license do?
Authorised the holder of the license to:
- Sell
- Supply
Alcohol for consumption on the premises described in the license to any:
- Member of the club
- Guest accompanied by a member of the club
- Member of another club with reciprocal visiting rights
What does a Special license alcohol license do?
Two kinds:
- On-site: Sell/Supply alcohol for consumption on the premises to any person attending any occasion or event described in the license
- Off-site: Sell alcohol for consumption elsewhere to any person attending any occasion or event described in the license
What are the rules for displaying licenses and signs?
The license and the name of the person in charge must be prominently displayed.
What offences are able to be committed by minors under the Sale and Supply of Alcohol Act 2012?
- Section 242: Employing Minors in a Restriced Area
- Section 243: Minors Purchasing Alcohol
- Section 244: Minors Found in Restriced or Supervised Area
What offences can be committed by Management or Staff?
- Section 241: Supplying Alcohol to Minors
- Section 247: Unauthorised sale or supply
- Section 248: Sells/Supplies to Intoxicated Person
- Section 249: Allowing people to become intoxicated
- Section 252: Allowing Intoxication on Licensed Premises
- Section 253: Allowing Disorderly conduct on Licensed Premises
- Section 256: Allowing people to be on Licensed Premises outside licensing hours
What are the powers to obtain information under 269 and the remedies for non-compliance?
Anyone who has committed, or is committing any offence against the Act must supply their particulars if required.
It is an offence to fail to supply their particulars or supply false particulars. Continued non-compliance following a warning can lead to their arrest
