Sale & Supply of Alcohol - Visiting Licenced Premises

Question 1

Identify the powers of entry onto licensed premises found in section 267 of the Sale of Alcohol Act 2012.

Answer 1

• Any member of police may
• At any reasonable time/at any time
• Enter and/or inspect licensed premises
• To ascertain if the licensee or manager is complying with the Act/Licence OR
• They have reasonable grounds to believe that any offence against the act is being committed on those premises.
• Any person who without reasonable excuse and with unreasonable delay
• refuses or fails to admit a member of police who demands enrty under this section
• commits an offence and is liable on conviction to a fine of $2000

Question 2

Identify safe police procedures when carrying out hotel compliance check?

Answer 2

• Type of premises/clientele/size & layout/previous history
• Time and day of the week
• The attitude of staff
• The number of police with you and their experience
• The reason for the inspection:
  - To enforce the Sale & Supply of alcohol act 2012
  - To enforce other acts
  - To deal with disorder
  - To gather intelligence
  - To liaise with staff
  - To investigate crimes
  - Community policing

Question 3

What are the conditions under which police are able to order the temporary closure of licensed premises?

Answer 3

Police have the power to close a licence premises should the following conditions prevail:

• If a riot is taking place or there are reasonable grounds to believe a riot may occur
• If there is fighting or serious disorder or there are reasonable grounds to believe that fighting or serious disorder may occur.
• If there is significant threat to public health and safety
• If the conduct on the premises amounts to substantial public nuisance.
• If there are reasonable grounds to believe offences have been carried out on the premises that carry a max penalty of 5 years or more
• and if there is significant risk of further such offences occurring on the premises if it remains open.

Question 4

What are your powers to obtain information under section 269 and your remedies for non-compliance?

Answer 4

• When a police member has reasonable cause to suspect anyone
• Has commited/Is committing/Is attempting to commit
• Any offence against the act
• They may demand Name/Address/Date of Birth
• If the officer has a belief that the particulars maybe false, they may demand evidence of particulars
• If the person fails or refuses to give any particulars or evidence when demanded they shall be warned and if they persist may be arrested.