Alcohol

Question 1

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

Answer 1

The sale, supply, and consumption of alcohol should be undertaken safely and responsible; and

The harm caused by the excessive or inappropriate consumption of alcohol should be minimized.

Question 2

What is Section 266 of the Sale and Supply of Alcohol Act?

Answer 2

If a riot is taking place, or you have RGB to believe a riot may take place, or there is fighting or serious disorder, or RGB that this might occur, or there is a significant threat to public safety, or RGB that an offence that carries a maximum penalty of 5 years has been committed and a significant risk it may be committed again, on a licensed premise Police may -

• Order the closure of that premise or any part of that premise for the sale of alcohol until a time specified not being longer than 24 hours from the end of the day on which the order was issued. You may use any force necessary to effect the above.

Question 3

What does Section 267 of the Sale and Supply of Alcohol Act allow Police to do?

Answer 3

Enter any licensed premise at any reasonable time and inspect said premise to ascertain compliance with the provisions of said act.

OR

Enter at any time when he or she has reasonable grounds to believe that any offence against said Act is being committed on said premise.

You may inspect any licences or domcuments, take copies of them. You may also require the manager or licensee to provide any information or assistance reasonably required by a constable relating to any matter required by the licensee or manager.

Question 4

What does Section 269 of the Sale and Supply of Alcohol Act allow Police to do?

Answer 4

If a constable has RGS that any person has or is or attempts to commit any offence against the Sale and Supply of Alcohol Act, that constable may require the person to provide their NAD.

If a constable believes this information is false, they may require satisfactory evidence of the person’s particulars.

If said person refuses or fails to do so when required and persists to fail or refuse despite being cautioned, they may be arrested.

Question 5

What is Section 169 of the Local Governments Act?

Answer 5

A constable may, for the purpose of ascertaining whether alcohol is present, search any container (a bag, case, package, or parcel) in the possession of a person who is in, or entering, a restricted place; or a vehicle that is in or is entering a restricted place. You may seize any alcohol, arrest any person in breach of the alcohol ban, or arrest any person who has failed to comply with a request to leave the alcohol ban area or who fails to surrender any alcohol in their possession.

A restricted place is a public place in which an alcohol ban is in force.

Question 6

What must Police do to invoke section 169 of the Local Governments Act, according to section 170?

Answer 6

Before searching a container or a vehicle, a constable must -

• Inform the person in possession of the container or the vehicle, as the case may be, that he or she has the opportunity of removing said object from the public place and provide them with a reasonable opportunity to remove the container or vehicle from the public place.

However, on specified dates or in relation to specified event, a constable may immediately invoke this power without further notice. This only applies if a bylaw is made under section 147 by the council