Sale & Supply Of Alcohol

Question 1

What’s the definition of licensed premises?

Answer 1

Licensed premises means any premises for which a licence is held

Question 2

What’s the definition of Bar?

Answer 2

Bar means a part of the hotel or tavern used principally or exclusively for the sale or consumption of alcohol

Question 3

What’s the definition of Club?

Answer 3

Club means a body that is a club having as its object, participating in or promoting a sport or other recreational activit, otherwise than for gain; or
Is a body cooperate whose object is not gain; or
Holds permanent club charter

Question 4

What’s the definition of a Restricted area?

Answer 4

Restricted area means an area to which persons under 18yrs must not be admitted

Question 5

What’s the definition of a supervised area?

Answer 5

Supervised area means an area to which minors must not be admitted unless accompanied by a parent or legal guardian.

Question 6

What’s the definition of Alcohol?

Answer 6

Alcohol means a substance that contains 1.15% or more ethanol by volume or weight.

Question 7

What’s the definition of a minor?

Answer 7

Minor means a person who is under the age of 18yrs.

Question 8

What’s the definition of intoxicated?

Answer 8

Intoxicated means observably affected by alcohol, drugs and/or other substances to such a degree that 2 or more of the following are evident:
APPEARANCE
BEHAVIOUR
CO-ORDINATION
SPEECH

Question 9

What is Section 14 of the sale and supply of alcohol act 2012?

Answer 9

On licence authorises the holder of the licence to SELL
SUPPLY
ALLOW CONSUMPTION

alcohol ON THE PREMISES or coneyance described in licence.

Question 10

What is Section 17 of the sale and supply of alcohol act 2012?

Answer 10

Off licence authorises the holder to:
SELL
DELIVER
ARRANGE FOR DELIVERY

alcohol for consumption OFF THE PREMISES described in the licence.

Question 11

What is Section 21 of the sale and supply of alcohol act 2012?

Answer 11

A club licence authorises the holder to
SELL
SUPPLY

alcohol for consumption ON THE PREMISES described in the licence to any
Member of club
Guest accompied by a member
Member of another club
(not open to the public)

Question 12

What is Section 22 of the sale and supply of alcohol act 2012?

Answer 12

Special licence (on and off licence)
Onsite
SELL
SUPPLY
alcohol consumption ON PREMISES to any person attending any occasion/event as per licence. 

offsite
SELL
Alcohol consumption elsewhere to any person attending any occasion/event as per licence

Question 13

What should be displayed on a licence and sign?

Answer 13

Must be displayed at all times that is inside the premises and to be easily read by people entering through each entrance.

Outlines maximum hours of trade and conditions

The duty managers name must be on display

If sign is incorrect or not present inform the duty manager. Report to alcohol harm prevention officer.

Question 14

What is Section 244 of the sale and supply of alcohol act 2012?

Answer 14

Minors found in restricted or supervised area

Found = located in premise/seen entering or leaving. (no alcohol consumption just presence) 
Guardian = person who has permanent or lawful custody of a minor. 

Pentalty - $2000 (duty manager) or $250 ION
Pentalty - $1000 (minor) or $250 ION

Question 15

What section is 243 of the sale and supply of alcohol act 2012?

Answer 15

Minors purchasing alcohol from a licenced premises.

Pentalty - $2000 for licence holder & $250 ION for minor

Question 16

What is the exception for section 244 for allowing minors in a restricted or supervised area?

Answer 16

• Cleaning, repairing, maintaining, altering or restock the area or any equipment.
• Removing or replacing any equipment
• Stocktaking
• Checking or removing cash
• Preparing or serving any meals
• Selling and supplying alcohol in supervised areas only

Question 17

How many offences can be committed by licensees or manager under the sale and supply of alcohol act 2012?

Answer 17

SIX OFFENCES

1. Unauthorised sale or supply - SECT 247
   PENTALTY = licensee $20,000, upto 7days suspension, manager $20,000
2. Sells or supplies to intoxicated people - SECT 248. PENTALTY = licensee $10,000, upto 7days suspension, manager $10,000, bar staff $2,000
3. Allows person to become intoxicated - SECT 249. PENALTY = licensee $10,000, upto 7days suspension, manager $10,000
4. Allows intoxicated person to be or remain on licence premises - SECT 252. PENALTY = $5,000 manager/licensee
5. Allows violent, quarrelsome, insulting or disorderly conduct on licence premises - SECT 253. PENALTY = $10,000 manager/licensee
6. Allows person to be on licenced premises outside of licencing hours - SECT 256. PENALTY = $10,000 manager/licensee

Question 18

What other offences are committed involving minors under the sale and supply of alcohol act 2012?

Answer 18

1. SECT 239 - Sale and supply of alcohol to minors on or from licensed premises.
   Penalty = $10,000, upto 7 days suspend, $2,000 for employees.
2. Sect 241 - supplying alcohol to minors

Question 19

What are your powers of entry to a licenced premises under the sale and supply of alcohol act 2012?

Answer 19

SECT 267 - Power to enter to ascertain they are complying with the act or RGTB offence is being committed against this act.

Power of arrest is obstruction under section 23 of the summary offencea act 1981

Question 20

What are your powers to demand info at a licenced premises under the sale and supply of alcohol act 2012?

Answer 20

SECT 269 Constable can request name, DOB & address if they have RGTS any person has/is/attempting to commit an offence against the act.

Power of arrest under this section and act for failing to give details or belief the details are false and you have warned them they maybe arrested failing to provide particulars.

Question 21

Closure of licensed premises under section 266 means what?

Answer 21

Police has the power to close the premises in order to prevent such incidents or to regain control of an incident that is out of control.
Must not be later than 24hrs

Question 22

What are the summary offences act 1981 in relation to alcohol offences?

Answer 22

SECT 38(1) - Alcohol offences on public transport (all ages and will need to confirm licence for transport)

SECT 38(3)(a) - Minor drinking in a public place

SECT 38(3)(b) - Minor in possession of alcohol for consumption

S

Question 23

Under section 45 of the summary offences act 1981 what does the power allow?

Answer 23

Power to seize alcohol and its container for an exhibit when charging a person for an alcohol offence.

Must be returned once warned, charged but not convicted.

Question 24

What is the power of arrest for under section 39(2) of the summary offences act 1981?

Answer 24

Person who commits any offence under sale and supply of alcohol act 2012 and refuses to give particulars.

This is the power to arrest so you can obtain details - custody/fingerprints etc

Question 25

What is Section 36 of the policing act 2008?

Answer 25

A Constable may TAKE a person whom is intoxicated in a public place or on private property
- incapable of protecting themselves or others from physical harm.
- likely to cause damage to any property.
To a place that someone can provide care, a temp shelter, or a police station for up to 12 hours unless a medical practitioner recommends detention for longer period.