Sale & Supply Alcohol Flashcards
What are the types of licenses available under the Sale and Supply of Alcohol Act 2012?
On, off, club and special
What does an on-license authorises a licensee to do?
Authorises to sell, supply and allow for consumption of alcohol on the premises or conveyance
What does an off-license authorises a licensee to do?
Authorises to sell, deliver and arrange for delivery of alcohol for consumption off the premises
What does a club-license authorises a licensee to do?
Authorises to sell and supply alcohol for consumption on the premises to any member of the club or guest accompanied by a member or member of another club with visiting rights
What does a special-license authorises a licensee to do?
On site allows for licensee to sell and supply alcohol for consumption on the premise, any person attending
Off site allows for licensee to sell alcohol for consumption elsewhere, any person attending
What information must be displayed at a licensed premises?
The maximum trading hours and any conditions attached
The manages name
AT ALL TIMES
How is Intoxication defined as per Section 5 of the Sale and Supply of Alcohol Act 2012?
Speech impaired
Coordination impaired
Appearance affected
Behaviour impaired
Who may enter supervised and restricted areas?
A person of any age may be in a supervised area if accompanied by parent/guardian
Minors may be present in a supervised/restricted area for the purpose of employment
It is an offence for a person under 18 to purchase or be found in/on any licensed premise
When is an offence of allowing persons to be on a licensed premise outside licensing hours committed?
When a person is found on a premise at any time later than 30 minutes after the premise was required to close for the sale of alcohol
What is “Vicarious Liability”
That the licensees or managers are liable for the actions of their bar staff too. It is an additional responsibility - licensee does not need to have knowledge of the offence
It is an offence to allow an intoxicated person to be on a licensed premise, what are the defences for that?
If licensee/manager can prove that they took reasonable steps to take the person to a place of safety or remove person when they become aware of the situation
It is an offence to supply alcohol to minors, what are the defences for that?
- If the parents is the one supplying it and in a responsible manner
- RGTB the minor is not a minor
- RGTB that he/she has the express consent of the parent/guardian and supplied in a responsible manner
What are the approved identification documents accepted under the Sale and Supply of Alcohol Act 2012?
Passport, NZ Drivers Licenser, Kiwi Access Card - this gives licensees a defence against prosecution
What does Section 267 of the Sale and Supply of Alcohol Act 2012 refer to?
It gives you the power to enter a licensed premise “at any reasonable”, to enter and inspect, to ascertain if the licensee is complying with this Act and their license
AND “at any time” enter and inspect when you have RGTB that any offence against this act is being committed on those premises.
Refusal/failure to admit any constable who demand entry commits an offence - may arrest for obstruction
What does Section 266 of the Sale and Supply of Alcohol Act 2012 refer to?
The power to close licensed premises to prevent , not later than 24 hours from the end of the day which the order was made
