Sale + Supply Of Alcohol 2012

Question 1

What is section 14?

Answer 1

On-licence : to do with sell, supply, allow consumption of

Question 2

What is section 17?

Answer 2

Off-licence: to do with sell, deliver, arrange delivery of (alcohol for consumption OFF THE PREMISES describe in licence

Question 3

What is section 21?

Answer 3

Club- licence: authorises the holder to sell supply:
Alcohol for consumption ON THE PREMISES described in the licence to any: member of the Club, guest accompanied by the member of the Club, member of another club with reciprocal visiting rights.

Question 4

What is section 22?

Answer 4

Special licence: (1) on site = sell and supply
Alcohol for consumption ON THE PREMISES to any-person attending any occasion or event described in the licence
(2) off-site
- Sell
Alcohol for consumption elsewhere to any
- person attending any occasion or event described in the licence.

Question 5

Sections 244? Minors in a restricted area

Answer 5

“Found” means being located in the premises or seen entering or leaving (minor don’t need to be found drinking or consuming alcohol. Mere presence is enough

Question 6

Section 244 Supervises area?

Answer 6

Being under 18 in a supervised area - needs to be with parent or guardian on licenced premises

Question 7

Sections 243

Answer 7

Committing an Offence being under 18 years old purchases any alcohol on or from a licensed premises ( exception is a person buying alcohol from a licences premises at the request of a constable acting in his/her duties

Question 8

Sections 242. Employing minors in supervised or restricted area?

Answer 8

A minor is allowed where that person is present for the purposes of:
Cleaning, repairing, maintaining, altering, or restocking the area or any equipment in the area; or removing or replacing any equipment or
Stocktaking or, checking or removing cash or preparing or serving any meal
Note: when employed in a SUPERVISED area it is not an offence for minors to also sell and supply alcohol

Question 9

What does AION stand for?

Answer 9

Alcohol infringement offence notice

Question 10

What responsibilities for the conduct of the licenced premises lie firmly on management’s shoulders?

Answer 10

1. Unauthorized sale or supply (selling after
   hours)
2. Sells or supplies to intoxicated person
3. Allows a person to become intoxicated
4. Allows intoxicated person to be or remain on
   licenced premises. Note: defence is if manager/licensee proves they took reasonable steps to remove person when they became aware of the situation
5. Allows person’s to be on licenced premises outside licensing hours.

Question 11

Under section 256

The prosecution will not have to prove the person was supplied with alcohol but they would have to prove?….

Answer 11

That the person was on the premises at any time later then 30 minutes after the premises was required to close for the sale of alcohol or at any other time when it was required to be closed for the sale of alcohol

Question 12

What does “outside licensing Hours” mean?

Answer 12

Means at any time later then 30 minutes after the closing time stated on the licence or any other time when the premises are required to be closed for the sale of alcohol

Question 13

Exemptions to section 255?

Answer 13

1. The licensees or a manager,or the spouse of those two or any member of the family
2. Any person who is lodging in the premises or a bona fide guest of any such lodger
3. Any employee of the licensee who is residing in the premises
4. Any other employee of the licensee, any agent of licensee, person for the purpose of cleaning, repairing, maintaining, altering, or restocking the Premises, or any equipment in the premises. Removing or replacing any such equipment, stocktaking , checking or removing cash.

Question 14

Sections 267?

Answer 14

Power to enter:
There is no power of arrest for am offence under this section BUT consider an arrest for obstructing a constable to ensure you gain entry

Question 15

Sections 269 - Power to demand information Means?

Answer 15

Once you have gained entry to the premises there will be instances where you will need to obtain the identity or proof of age of employees or patrons

Question 16

Who is able to close a licensed premises?

Answer 16

Any constable may order the immediate closure of a licensed premises for the sale of alcohol.
If the constable is satisfied on reasonable grounds that 1 of 5 circumstances exist he/she should inform the substantive sergeant for authority

Question 17

Minor drinking in a public place .

Elements are

Answer 17

1. Minor
2. Drinks
3. Alcohol
4. In a public place
5. While not accompanied by his or her parent or legal guardian

Question 18

Minor in possession of alcohol for consumption

Elements Are?

Answer 18

1. Minor
2. Has in his/her possession for the consumption of
3. Alcohol
4. In a public place
5. While not accompanied by his or her parent or legal guardian

Question 19

Sections 36 states : in regards to intoxicated people found in a public place or trespassing on private property

Answer 19

A constable may TAKE a person whom they find intoxicated
In a 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. Take the person home unless address not obtainable, not safe,impractical
2. Take to a temporary shelter unless closed or not available
3. Take to a police station- for upto 12 hours or until the person ceases to be intoxicate

Question 20

Intoxication assessment tool is? (Indicators)

Answer 20

Speech
Coordination
Appearance
Behaviour