Sale and Supply of Alcohol Act 2012

Question 1

Policing Act 2008, section 36

Answer 1

IPA 36: detox; may, TAKE intoxicated person, in public place/trespassing on private, and person is incapable protect self/cause physical harm to others/property, 1 to 1Ks home address UNLESS no reasonable (no one to care for), 2 a temp shelter UNLESS ibid, 3 a police station for up to 12 HOURS or until person ceases to be 1K

  : gives rights as detained, if still 1k after 12hours MP must recommend if 1k further detained 12hours

Question 2

What does vicarious liability mean?

Answer 2

licensee liable for offences committed by bar staff.

icencee still liable if no knowledge of offence HOWEVER staff must be acting within scope of their authority. NOT defence to claim employee fail instructions ONLY defence if licencee attempt to ensure employees compliance with instructions.

Question 3

1

Answer 3

IL 1: Main object of act; sale/supply of alcohol should be undertaken safely and responsibiliy and the harm caused by the excessive or inappropiate consumption.

Question 4

14

Answer 4

IL 14: An on-licence authorises the holder of licence to 1. sell, 2. supply, 3. allow consumption of… alcohol on the premises or conveyance (transport vessal

Question 5

17

Answer 5

IL 17: An off-licence authorises the holder of licence to 1. sell, 2. deliver, 3. arrange for delivery of… alcohol for consumption off the premises

Question 6

21

Answer 6

IL 21: A club licence authorises the holder of licence to 1. sell, 2. supply… alcohol for the consumption on the premises to any member/guest accompanied by member/member of another club with visiting rights

Question 7

22

Answer 7

IL 22: Special licence, (1) on site = sell/supply alcohol on premises for persons attending occassion or event described in licence

(2) off site = sell alcohol consumption elsewhere to any persons attending occassion or event described in licence

Question 8

56&57

Answer 8

IL 56&57: a copy of licence must be displayed at all times (so as easily read by people entering through each principle entrance)

Question 9

214(3)

Answer 9

IL 214(3): while manager on duty, managers name must be displayed inside premises

Question 10

239

Answer 10

OMS 239: OFFENCE to be licensee, sell or supply alcohol or allows alcohol to be sold or supplied, on or from licenced premises, to any person 17- PENALTY = $10000fine and suspension for 7days.–>DEFENCE if defendant had RBTG person 18 by sighting age document(approved) or they didnt not know person who they supplied alcohol to was going to supply it to a minor

Question 11

241

Answer 11

OMS 241: OFFENCE for anyperson who supplieds alcohol to a minor –> DEFENCE if you are parent, believe not minor, believes minor has consent from parent and supplied in reasonable manner

Question 12

242

Answer 12

MLP 242: offence to employ minors in a restricted area while that area is open for sale of alcohol (DOESN”T APPLY IF MINOR IS LICENSEE’S SPOUSE). EXEMPTION if minor is cleaning, stocktaking, checking cash, preparing meals. —> under 244 minors can serve alcohol in supervised areas, under 242 minors cannot serve alcohol in restricted areas.

Question 13

243

Answer 13

MLP 243: Minors purchasing alcohol, <18, purchases, any alcohol on/from licenced premises. $2000 for licensee $250 for minor. DEFENCE FOR LICENCEE only passport, 18+HANZ, or DL if sighted can be a defence against prosecution, if sight something else to establish age then no defence for licencee.

Question 14

244

Answer 14

MLP 244: minor in area; 17-, is found in any, restricted area/supervised area UNLESS SUPERVISED BY PARENT/G, on licenced premises. $2000 fine at court or $250 aion for manager, $1000/$250 for minor. INCLUDES seen leaving and minors do need to be found drinking or consuming alcohol. A person of any age may be in supervised area if accopmanied.

Question 15

247

Answer 15

OMS 247: Unauthorised sale or supply - suspended licence 7 days

Question 16

248

Answer 16

OMS 248: Sells or supplies to intoxicated person - suspended licence 7 days

Question 17

249

Answer 17

OMS 249: Allows a person to become intoxicated - suspended licence 7 days

Question 18

252

Answer 18

OMS 252: Allows intoxicated person to be or remain on licenced premises–>DEFENCE if licencee proves they took resonable steps to remove person when became aware

Question 19

253

Answer 19

OMS 253: Allows violent, quarrelsome, insulting or disorderly conduct on licenced premises–>DEFENCE if licenee proves they took reasonable steps to remove persons when aware

Question 20

255

Answer 20

OMS 255: found on licensed premises 30mins after hours. –> EXEMPTIONS: if family of licensee, lodging on premises, an employee residing there or working, an employee not residing there staying no later than 1hour after employment cease for day

Question 21

256

Answer 21

OMS 256: Allows person to be on licensed premises outside licensing hours. PROSECUTION would only have to prove person was there 30mins after hours not that they were supplied with alcohol afterhours

Question 22

266

Answer 22

LPC 266: Power to close licence premises; can close (if approved by sergeant or above) for however necessary to prevent such events of riots/fighting/threat to public safety/max penalty 5yrs, must close no later 24hrs from day end of order made, fail to comly $10000 fine

Question 23

267

Answer 23

LPC 267: Power to enter; a constable/inspector, at any reasonable time, enter, to ascertain if licencsee is complying with act, any person who unreasonable, refuses/fails to admit constable/inspector who demands entry, commits offence liable on conviction to $2000. No POA for this except obsturction

; a constable/inspector, at any time, enter, RGTB offence against SSAA being committed, any person who unreasonably, refuses or fails to admit constable/inspector who demands entry, commits offence liable on conviction to $2000. No POA for this expect Obstruction

Question 24

269

Answer 24

LPC 269: Power to demand information; when constable GCTS any person, has/is/is attempting to commit, any offence against this act, constable may require name/addres/dob, if constable has RGTB details false may require evidence, if fails to give details or gives falses, CAUTION, then arrest

Question 25

What is the Intoxication Assessment Tool?

Answer 25

SCAB

Question 26

What is the definition of ‘intoxicated’?

Answer 26

Where a person is observably affected by alcohol, other drugs, or other substances to such a degree that 2 or more of SCAB are evident

Question 27

If a person is detained under section 36 of the Policing Act 2008, are they are allowed to make a phone call?

Answer 27

If detained at a police station, they are allowed to make one telephone call.