Sale & Supply of Alcohol

Question 1

What is the object of the Sale and Supply of Alcohol Act?

Answer 1

• The sale, supply and consumption of alcohol should be undertaken safely and responsibly
• To minimize the harm caused by excessive and inappropriate consumption of alcohol

Question 2

Under s237, Irresponsible promotion of alcohol, how low is the maximum you can discount alcohol from its regular price?

Answer 2

25% (except at an on license)

Question 3

When can alcohol be given away free of charge by a licensed premises?

Answer 3

• Samples at an off license

- By promotion or advertisement that can only be seen (or heard) inside an on license

Question 4

If someone breaches s237 what is the penalty?

Answer 4

If a licensee - $10,000 fine and/or up to 7 day license suspension
Anyone else - $10,000 fine

Question 5

When can Police close a licensed premises under s266?

Answer 5

• If a riot is taking place or Police have reasonable grounds to believe a riot may occur
• If there is fighting or serious disorder taking place or reasonable grounds to believe that fighting or serious disorder is about to break out
• There is a significant threat to public health or safety
• Conduct amounts to significant public nuisance
• There are reasonable grounds to believe that offences have been committed on premises that carry a maximum penalty of 5 years and there is a significant threat of further such offences occurring if premises remain open

Question 6

How long can a constable shut a licensed premises down under s266?

Answer 6

24 hours from the end of day on which the premises was shut down. (Force as necessary may be used to shut it down.)

Question 7

Who can the licensee appeal a shut down order to?

Answer 7

A District Court Judge or a 2 or more Justices or 1 or more Community Magistrates. They may revoke order or uphold it. (penalty for not complying with order is $10,000 fine and/or 7 day license suspension)

Question 8

When can Police enter a licensed premises?

Answer 8

• A constable may enter and inspect a licensed premises at any reasonable time to ascertain whether the licensee is complying with the Act.
• A constable may enter at any time if they have reasonable grounds to believe that any offence against the Act is being committed.
• Failure to admit a constable or delay a constable is a $2000 fine.

Question 9

What may you require when inspecting a licensed premises under s267?

Answer 9

• Production of any license, book, record etc that is required by the Act to be kept.
• Require the duty manager or licensee to provide any information required relating to any matter within their duties.

Question 10

What information can Police demand under s269?

Answer 10

• If you suspect any person has committed an offence against the Act, name, DOB and address.
• If you think they are giving falsies you may demand satisfactory evidence of particulars
• If they fail to provide, caution then arrest.
• Fails to produce or gives falsies is $2000 fine.

Question 11

Define riot

Answer 11

6 or more persons, acting together, using violence against persons or property to the alarm of the neighbourhood

Question 12

Whose authority, under Police policy, do you need to shut down a licensed premises under s266?

Answer 12

Substantive sergeant or above

Question 13

What must you consider before shutting down a licensed premises under s266?

Answer 13

• Weight of evidence to justify closure
• Previous Police interaction
• Likelihood of escalating violence
• Duration of closure

Question 14

What must you consider when deciding the duration of the closure of a licensed premises under s266?

Answer 14

• When order is likely to be restored

- The impact on the licensee

Question 15

Under s169 of the Local Government Act what can you search in a liquor ban area?

Answer 15

• A container (bag, case etc) in the possession of any person in or entering a liquor ban area
• A vehicle that is in or entering a liquor ban area

You may then seize or remove any alcohol (and its container) in a liquor ban area.

If they refuse to let you search them you can direct them to leave the alcohol ban area. If they refuse you may arrest them.

Question 16

When is the alcohol seized forfeited to the Crown?

Answer 16

Once the person pays the infringement fee.

Question 17

Under s170 of the Local Government Act what must you inform the person of before you search their bag or vehicle?

Answer 17

That they may leave the alcohol ban area before you search them AND you must give them a reasonable time to leave.

Question 18

What are the enforcement principles in regard to alcohol ban areas?

Answer 18

• Enforcement will not be directed to strict compliance but having regard for the reason for the ban in the first place.
• It is a question of time, place, circumstance as to whether it is appropriate to take enforcement action.
• Enforcement is directed to preventing alcohol related harm and antisocial behavior caused by the consumption of alcohol in public places.

Basically be fair, not a cock.

Question 19

What counts as alcohol?

Answer 19

Anything with 1.15% ethanol

Question 20

What is a breach of liquor ban?

Answer 20

• Consuming alcohol
• Bringing in alcohol
• Possessing alcohol
  In a liquor ban area. (Must prove ID)

Question 21

What are defenses to Breach of Liquor Ban?

Answer 21

• Brought from off license next to public place and promptly removed from premises
• Transported from outside liquor ban area for delivery to licensed premises
• Transported to an address inside the liquor ban area by occupant of that address or for delivery to that occupant
• Transported from an address inside liquor ban area to a place outside that liquor ban area.

Question 22

When can you search a vehicle or container without any notice?

Answer 22

If local body has given public notice at least 14 days in advance AND one or more clearly legible notices are in place

Question 23

What are the steps for breach of liquor ban as part of good practice?

Answer 23

1 - Obtain full details
2 - Take notes of interview with offender
3 - Note the alcohol and container
4 - Apply enforcement principles in considering enforcement
5 - Consider warning offender and moving on
6 - If warning inappropriate consider AION
7 - If necessary consider arrest and removal of offender 8 - Offender must be released as soon as sober and can be issued AION
9 - Alcohol should be forfeited by offender and destroyed by them immediately
10 - If may go defended consider seizing sample but try not to.