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WING 330 > SALE OF ALCOHOL > Flashcards

SALE OF ALCOHOL Flashcards

1
Q

Sale and Supply of Alcohol Act 2012 Section 267 - Powers of entry on licensed premises

A

(1) A constable or an inspector may at any reasonable time enter and inspect any licensed premises, or any part of any licensed premises, to ascertain whether the licensee is complying with the provisions of this Act and the conditions of the licence.
(2) A constable or an inspector may at any time enter and inspect any licensed premises when he or she has reasonable grounds to believe that any offence against this Act is being committed on those licensed premises.

(3) For the purposes of exercising the power conferred by this section, a constable or an inspector may—
(a) require the production of any licence, or any book, notice, record, list, or other document that is required by this Act to be kept, and examine and make copies of it; and
(b) require the licensee or manager to provide any information or assistance reasonably required by a constable or an inspector relating to any matter within the duties of the licensee or manager.

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2
Q

Sale and Supply of Alcohol Act 2012 Section 269

A

Power of Police to demand information ( arrest without warrant if false information given)

(1) A constable who has reasonable cause to suspect that any person has committed or is committing or is attempting to commit any offence against this Act may require the person to provide particulars of his or her name and address and date of birth.
(2) A constable who believes on reasonable grounds that any particulars provided on requirement under subsection (1) are false may require the person concerned to provide satisfactory evidence of the particulars.
(3) If any person, without reasonable excuse, refuses or fails to provide any particulars or evidence when required to do so by a constable under this section, and persists in refusing or failing after being cautioned by the constable, he or she may be arrested, without warrant, by any constable.

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3
Q

Four types of licenses

A

On License
Off License
Club
Special

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4
Q

Areas

A

Restricted
Supervised
Undesignated

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5
Q

U18 Workers

A

Allowed to work in supervised area.
Not allowed to serve or sell alcohol in restricted areas
Can work in restricted if not selling Alcohol
17 year old entertainer cannot work in a restricted area and can only play in supervised area if supervised by parent / care giver etc.

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6
Q

Offences by minors

A

Being found in a restricted area
found in a supervised area with out a parent / guardian
Minors Purchasing Alcohol
working selling or supplying alcohol
U18 Possession of alcohol with the intent to consume.
U18 Drinking in public place

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7
Q

Offences by Managemant

A

Selling or supplying minors

Allowing intoxicated people to remain.

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8
Q

Summary Offences Act 1981 Section 38: Drinking in public place.

A

-Cannot drink on public transport.

Every person is liable to a fine not exceeding $300 who, in or on any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle that is carrying passengers for reward,—

(a) drinks any intoxicating liquor; or
(b) supplies or offers any intoxicating liquor to any other person for consumption there; or
(c) has in his possession or under his control any intoxicating liquor for consumption there.

  • U18 Possession of alcohol in a public place with the intent to consume. Can seize / POL268.
  • U18 Drinking in public place is unlawful
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9
Q

Sale and Supply of Alcohol Act 2012 Section 242 - Employment of minors

A

(1) A licensee of any licensed premises who employs a minor in any capacity in any restricted area on the premises while that area is open for the sale of alcohol commits an offence.
(2) A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.

(3) Subsection (1) does not apply to the employment in a restricted area of any person for the purpose of—
(a) preparing or serving a meal; or
(b) cleaning, repairing, maintaining, altering, or restocking the area or any equipment in the area; or
(c) removing or replacing any equipment; or
(d) stocktaking; or
(e) checking or removing cash.

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10
Q

Sale and Supply of Alcohol Act 2012 Section 244 - Minors in restricted areas or supervised areas

A

Minors in restricted areas or supervised areas
(Except workers not selling alcohol)
(1) A minor who is found in a restricted area on any licensed premises commits an offence.

(2) A minor who is found in a supervised area on any licensed premises commits an offence unless he or she is accompanied by a parent or guardian.

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11
Q

Sale and Supply of Alcohol Act 2012 Section 243 - Buying of alcohol by people under purchase age.

A

(1) A person under the purchase age who buys alcohol on or from any licensed premises commits an offence and is liable on conviction to a fine of not more than $2,000.
(2) Subsection (1) does not apply to a person who buys alcohol on or from any licensed premises at the request of a constable acting in the course of his or her duties.

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12
Q

Sale and Supply of Alcohol Act 2012 Section 56

A

Display of signs: on-licenses, off-licenses

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13
Q

Sale and Supply of Alcohol Act 2012 Section 57

A

Display of license: all licenses

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14
Q

Sale and Supply of Alcohol Act 2012 Section 214 - Manager to be on duty at all times and responsible for compliance.

A

Except as provided in section 215, a manager must be on duty at all times when alcohol is being sold or supplied to the public on any licensed premises.

(2) A manager on duty on any licensed premises is responsible for—
(a) the compliance with and enforcement of—
(i) the provisions of this Act; and
(ii) the conditions of the licence in force for the premises; and
(b) the conduct of the premises with the aim of contributing to the reduction of alcohol-related harm.

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15
Q

Four licences

A
  • On- license
  • Off- license
  • Club license
  • Special License
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16
Q

Sale and Supply of Alcohol Act 2012 Section 214

A

Display of the managers license

17
Q

Restricted area

A
  • no under 18 (minors) allowed.
18
Q

Supervised area

A

Under 18 can drink but only with parent of guardian.

19
Q

Undesignated area

A

Car parks, playgrounds, accommodation area

20
Q

Sale and Supply of Alcohol Act 2012 Section 241 - Supplying alcohol to minors

A

A person who supplies alcohol to a minor commits an offence.

(2) A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.
(3) It is a defence to a charge under subsection (1) if the person supplying the alcohol (the supplier)—

(a) is a parent or guardian of the minor, and supplies the alcohol in a responsible manner; or
(b) believes on reasonable grounds that the minor is not a minor; or
(c) believes on reasonable grounds that subsection (7) applies to the minor, and supplies the alcohol in a responsible manner; or
(d) believes on reasonable grounds that he or she has the express consent of the parent or guardian of the minor, and supplies the alcohol in a responsible manner.

21
Q

Sale and Supply of Alcohol Act 2012 Section 247 - Unauthorised sale or supply

A

(1) A person who is the licensee or manager of any licensed premises must take all reasonably practicable steps to ensure that the licensee does not do any of the following things without the authority of this Act:
(a) sell or supply alcohol on the premises for consumption there; or
(b) let people consume alcohol on the premises; or
(c) sell or supply alcohol on the premises for consumption somewhere else.

22
Q

Sale and Supply of Alcohol Act 2012 Section 248

A

Sale or supply of alcohol to intoxicated people

23
Q

Sale and Supply of Alcohol Act 2012 Section 249

A

Allowing people to become intoxicated

24
Q

Sale and Supply of Alcohol Act 2012 Section 252 - Allowing intoxication on licensed premises

A

The licensee or a manager of any licensed premises who allows an intoxicated person to be or remain on the licensed premises commits an offence.

(2) A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $5,000.

(3) It is a defence to a charge under subsection (1) if the defendant satisfies the court that, as soon as the defendant or any employee of the licensee became aware of the situation, reasonable steps were taken in respect of the intoxicated person concerned, either—
(a) to take the person to a place of safety on the licensed premises; or
(b) to remove the person from the licensed premises.

25
Q

Sale and Supply of Alcohol Act 2012 Section 253

A

Allowing disorderly conduct on licensed premises

26
Q

Sale and Supply of Alcohol Act 2012 Section 256

A

Allowing people on licensed premises outside licensing hours

27
Q

Summary Offences Act Section 38 (1)

A

Drinking in public place
(1) Every person is liable to a fine not exceeding $300 who, in or on any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle that is carrying passengers for reward,

a) drinks any intoxicating liquor; or
(b) supplies or offers any intoxicating liquor to any other person for consumption there; or
(c) has in his possession or under his control any intoxicating liquor for consumption there.

28
Q

Summary Offences Act Section 38 (1) ELEMENTS

A 
Any Person who
Drinks
Supplies
Offers to supply
Has in possession for consumption there
Any intoxicating alcohol
in or on any public transport.
29
Q

Summary Offences Act Section 38 (3) - Drinking in public place

A

(3) Without limiting subsection (1), every person under the age of 18 years commits an offence and is liable to a fine not exceeding $300 who, in any public place (or in a vehicle in any public place) and while not accompanied by his or her parent or legal guardian,—
(a) drinks any intoxicating liquor; or
(b) has in his possession or under his control any intoxicating liquor for consumption there.

30
Q

Summary Offences Act Section 38 (3) ELEMENTS

A 
Every person under 18 years of age
Who drinks
Any Alcohol
In Any Public place
While not accompanied by their parent of legal gardian.
31
Q

Policing Act 2008 section 26

A

Care and protection of intoxicated people
a constable may
Take a person whom they find intoxicated
in any public place or trespassing on any private property
and the person is incapable of protecting themselves from physical harm
likely to cause physical harm to another person
likely to cause significant damage to any property
1 to the intoxicated person’s home unless it is not reasonably practicable to provide for their own care and protection.
2 a temporary shelter unless it is not reasonably practicable to provide for their care and protection.
3 a police station- up to 12 hours or until the person ceases to be intoxicated.

WING 330 (35 decks)

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