SaSoAA 2012 notes

Question 1

S.242?

Answer 1

an offence for a licensee to EMPLOY MINORS IN A RESTRICTED AREA while that area is open for sale of alcohol

Question 2

S.244?

Answer 2

An offence who, being UNDER 18YRS, FOUND IN, RESTRICTED/SUPERVISED AREA unless supervised by a PARENT/LEGAL GUARDIAN, in licensed premises

Question 3

S.38(3)(b)

Answer 3

• MINOR IN POSSESSION OF ALCOHOL FOR CONSUMPTION
• In a PUBLIC place
• While NOT ACCOMPANIED by parent/legal guardian

Question 4

S.38(3)(a)

Answer 4

• MINOR DRINKING IN A PUBLIC PLACE

- While NOT ACCOMPANIED by parent/legal guardian

Question 5

S.243?

Answer 5

PURCHASES, ANY ALCOHOL ON/FROM A LICENSED PREMISES

Licensee and Minor are liable for this offence

Question 6

Policing Act 2008, S.36;

• 3 Criteria’s MUST be met for Detox

Answer 6

1) PROTECT themselves
2) HARM others
3) SIGNIFICANT property damage

Question 7

How long can we detain a person for detox?

Answer 7

• 12hrs then MUST be released
• if still drunk after 12 hrs MUST be seen by M.P
• ONLY M.P can order +12hrs (total of 24hrs)

Question 8

S.36 Taking an intoxicated person from a public place or trespassing on property

Answer 8

• to the persons home
• a temporary shelter
• a police station (for upto 12hrs)

Question 9

Can Police enter a Licensed Premises?

Answer 9

• Power of entry to execute our duty

- if refused entry, warn for OBSTRUCTION

Question 10

Intoxication is defined as…

Answer 10

Person is OBSERVABLY AFFECTED BY ALCOHOL, other DRUGS, substances (combo of 2+ or all) to such a degree that 2+ OR MORE of the following are evident;

Question 11

Intoxication assessment tool A, B, C’s

Answer 11

A - Appearance is affected, B - Behaviour, C - Coordination is impaired, S - Speech is impaired

Question 12

Alcohol offence on public transport

e.g Bus load, drinking on board (unless licensed)

Answer 12

ANY PERSON who, DRINKS/SUPPLIES/OFFERS to supply/has POSSESSION for CONSUMPTION therein, Alcohol, In/on PUBLIC TRANSPORT

Question 13

S.269 Power to demand information

Answer 13

• Any person suspected of committing an offence
• if they refuse, warn
• POA under S.269(3) SaSoAA

Question 14

S.14 On-licence

Answer 14

SELL, SUPPLY allow for consumption, ON the premises i.e bars, Restaurants, cafes, BYO

Question 15

S.17 Off-licence

Answer 15

SELL, DELIVER, ARRANGE for delivery, OFF the premises i.e bottle stores, supermarkets

Question 16

S.21 Club-licence

Answer 16

SELL, SUPPLY on the premises, MEMBER of the club, GUEST accompanied by member, member of ANOTHER club

Question 17

S.22 Special-licence (on-site)

Answer 17

SELL, SUPPLY, ON the premises i.e occasions, events

Question 18

S.22 Special-licence (off-site)

Answer 18

SELL, ELSEWHERE i.e occasions, events

Question 19

S.214(3) Display of the managers name

Answer 19

On duty managers name MUST be displayed inside the premises

Question 20

Licensed premises definition

Answer 20

Any premises for which a license is held

Question 21

Proof of age documents

Answer 21

• NZ or overseas passport
• 18yrs+ card
• Driver license

Question 22

Penalty for S.244 Minor found in restricted/supervised area

Answer 22

Issue;

• AION
• District court

Question 23

S.252 Allows intoxicated person to remain on licensed premises

Answer 23

Defence; Licensee/manager proves they took reasonable steps to remove person when they became aware of it.

Question 24

S.248 Sells or supplies to intoxicated person

Answer 24

Issue; AION to Manager and Bar staff

Licensee is responsible for the acts or omissions of employees

Question 25

S.266 Temporary closure of licensed premises

Answer 25

Police may close to prevent RIOT, FIGHTING, significant THREAT to PUBLIC HEALTH AND SAFETY, NUISANCE OR SERIOUS DANGER

Question 26

Any closure cannot be later than?

Answer 26

8@824hrs from the end of the day the order was made

Question 27

S.267 Power to enter

Answer 27

To execute our duty, if refused entry warn for obstruction

Question 28

S.255 Outside licensing hours..

Answer 28

Patrons MUST be off the premises 30minutes after the closing time (license finishes) exception; hotel