Sale & Supply Of Alcohol Act 2012 Flashcards
What are the other 3 specific roles of police regarding sale & supply of alcohol?
- vetting applications for licenses
- enforcing compliance
- enforcing offence provisions
In relation to sale & supply of alcohol, what is the primary role for police?
To maintain order in and around licensed premises
What are the 4 kinds of liquor licenses?
1) on-license
2) off- license
3) club license
4) special license
What does a liquor “on-license” (sec. 14) authorise?
- sell
-supply
-allow consumption of alcohol
Eg. Byo/resturants
What does a liquor “off-license” (sec. 17) authorise?
- sell
- deliver
- arrange for delivery of alcohol for consumption off the premises
Eg. Bottle stores
What are the max trading hours for an off- license liquor license?
Between 7am and 11pm on any day
What does a liquor “club license” (sec. 21) authorise?
-sell
-supply
Alcohol for consumption on the premises to any: club member, guests of members or members of another club
Eg. Sports clubs, RSA,
What does a liquor “special license” (sec. 22) authorise?
1)on site- sell & supply
Alcohol for consumption on the premises to any person attending any occasion, event
2) off site- sell
Alcohol for consumption else where to any person attending any occasion, event
What is a licensed premises?
Premises for which a license is held
What is the definition of a bar?
Principally/exclusively used for the sale/consumption of alcohol
What is the definition of a club?
Participating in/promoting sport/recreation, otherwise than for gain
- holds a permanent club charter
What is the definition of a restricted area?
Designated area where minors must not be admitted
What is the definition of a supervised area?
Designated area to which minors must not be admitted unless accompanied by a parent or guardian
Define alcohol
Contains 1.15% or more ethanol by volume
In relation to alcohol define a minor
Under 18
Define intoxication
Affected by alcohol, other drugs/substances
What are some evident features of intoxication?
- appearance affected
- behaviour impaired
- coordination impaired
- speech impaired
What are the rules of liquor licenses and signs?
- license must be displayed at all times inside the premises
- mangers name must be prominently displayed inside premises
What are the 3 offences regarding minors (u18) on a licensed premises?
1) minors found in restricted area/supervised area
2) employing minors in restricted areas
3) minors purchasing alcohol
What is the exemption of minors in a restricted/supervised area?
S- stocktaking C- checking or removing cash R- removing/replacing equipment E- equipment cleaning/repairing/maintaining/restocking M- meal prep/serving S- selling/supplying alcohol
What is the exemption of employing minors in a restricted area?
They are allowed for the purpose of SCREM
But they can’t sell/supply and they MUST be working at the time
What are the 3 proof of age documents in relation to alcohol?
- passport
- drivers license
- 18+ card
In relation to alcohol- what is vicarious liability?
It’s the responsibility of licensees/managers for the acts/omissions of their employees
- they do not need knowledge of the offence to be vicariously liable
What is the defence to vicarious liability?
Reasonable grounds to believe the patron was 18+
Visiting a licensed premises- what does section 267 allow?
Power to enter to ensure compliance with obligations under the act or other offences against the act
Visiting a licensed premises- what does section 269 allow?
Power to demand info from anyone committing an offence against the act
Visiting a licensed premises- what does section 266 allow?
Closure of a premises to prevent an incident/regain control- no longer than 24hours
What are the alcohol offences in public places?
- section 38(3)(a) minor drinking in a public place
- section 38(3)(b) minor in possession of alcohol for consumption
- section 38(1) alcohol offences on public transport
What may a constable do with intoxicated people under section 36? (DETOX)
1) take them to their own home (unless unsafe or impractical)
2) a temporary shelter
3) police station- for up to 12hrs
