Sale of Liquor

Question 1

What are “licensed premises”?

Answer 1

Anywhere that liquor is sold pursuant to a license.

Question 2

What is a “bar”?

Answer 2

The specific place exclusively for the sale, supply, or consumption of liquor.

Question 3

What is a “club”?

Answer 3

Chartered club/Club with sport or recreation as an objective other than for gain/A voluntary association of persons for a purpose other than gain.

Question 4

What is a “restricted area”?

Answer 4

Any part of licensed premises restricted to persons 18 and over

Question 5

What is a “supervised area”?

Answer 5

A part of licensed premises where persons under 18 shall not be admitted unless accompanied by their parent or legal guardian.

Question 6

What is the definition of “liquor”?

Answer 6

Liquor that is found on analysis to contain 1.15% or more alcohol by volume at 20 degrees.

Question 7

What is a “minor”?

Answer 7

Person under 18.

Question 8

What is the definition of “intoxication”?

Answer 8

A person under the influence of intoxicating liquor/drug/other substance to such an extent as to be incapable of properly looking after themselves.

Question 9

What is an on license?

Answer 9

A license that allows the holder to sell/supply/allow the consumption of liquor on the premises.

Question 10

What is an off license?

Answer 10

A license that allows the holder to sell/deliver/arrange for delivery of liquor for consumption of liquor off the premises.

Question 11

What is a club license?

Answer 11

A license that allows the holder to sell or supply liquor for consumption on the premises to any club member/guest accompanied by club member/member of club with reciprocal visiting rights.

Question 12

What is a special license?

Answer 12

Allows the holder to sell or supply liquor to any person attending the occasion or event described in the license.

Question 13

Where must a license be displayed?

Answer 13

The interior of the premises so as to be easily read by people entering through the principle entrance.

Question 14

What is the rule around displaying manager’s identity?

Answer 14

The managers name must be prominently displayed inside the premises.

Question 15

What are the three offences involving minors on licensed premises?

Answer 15

Minors found in a restricted/supervised area
Employing minors in restricted areas
Minors purchasing liquor.

Question 16

What is the acronym for the exceptions to minors in a supervised area?

Answer 16

SCREMS:
Stocktaking, Cash (removal/change), Removing (equipment), Equipment (cleaning/maintenance), Meal (preparation/serving), Selling liquor.

Question 17

What is the acronym for the exceptions to minors in a restricted area?

Answer 17

SCREM:

Stocktaking, Cash (removal/change), Removing (equipment), Equipment (cleaning/maintenance), Meal (preparation/serving)

Question 18

What are approved proof of age documents?

Answer 18

Passport (nz or overseas), nz drivers license, HANZ 18+ card.

Question 19

When you complete a liquor infringement notice, what else must you do?

Answer 19

Seize a sample of the liquor as an exhibit.

Question 20

In terms of Sale of Liquor, what is vicarious liability?

Answer 20

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.

Question 21

What are the 6 offences committed by licensees/managers?

Answer 21

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.

Question 22

What are the exceptions to offences committed by licensees/managers?

Answer 22

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.

Question 23

What are the three offences that involve drinking in a public place?

Answer 23

Minor drinking in a public place unaccompanied

Minor has liquor for consumption in public place unaccompanied

Drinks/supplies/offers to supply/possesses for consumption liquor on any public transport.

Question 24

What are your powers of seizure around liquor consumption in public places?

Answer 24

Power to seize liquor and container, but if person is only warned/charged and not convicted, they are entitled to the liquor back.

Question 25

What are the defences for purchasing liquor for minors?

Answer 25

It is your own child,

OR they are attending a private function.

Question 26

What are two liquor offences that can be committed by anyone?

Answer 26

Purchasing liquor for a minor, OR remaining on licensed premises after hours (30 minutes)

Question 27

What are police powers to enter licensed premises under section 175(1)?

Answer 27

At any reasonable time, enter and inspect licensed premises to ascertain if they are complying with their license and the Sale of Liquor Act.

Question 28

What are police powers to enter licensed premises under section 175(2)?

Answer 28

At any time, enter and expect licensed premises, if they have RGTS offences are being committed.

Question 29

What power do police have to close licensed premises?

Answer 29

If it is feared serious disorder will break out OR to regain control of an incident, until the end of the day on which action is taken or until good order is restored.