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Flashcards in Alcohol Deck (5)
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1

Section 252

Sale and Supply of Alcohol Act 2012

Allows intoxicated person to be or remain on licensed premises

Defence: if licensee/manager proves they took reasonable steps to remove person when they became aware of the situation

2

Section 243

Sale and Supply of Alcohol Act 2012

Minors Purchasing Alcohol

Every person commits an offence who

Being under 18 years

Purchases

Any alcohol on or from a licensed premises

3

Section 244

Sale and Supply of Alcohol Act 2012

Minors Found in Restricted or Supervised Area

A person of any age may be in a supervised area if accompanied by their parent or guardian.

Minors can serve and sell alcohol in supervised areas.

4

Section 257

Sale and Supply of Alcohol Act 2012

257 Offences relating to evidence of age documents
(1)
A person commits an offence who presents to the licensee or a manager of any licensed premises, or to an employee of the licensee,—
(a)
a document that purports to be an approved evidence of age document but is not; or
(b)
a genuine approved evidence of age document relating to the person but containing (whether because false information was given to the person issuing it, or information it contained when it was issued was later falsified) false information purporting to relate to the person’s age or date of birth; or
(c)
a genuine approved evidence of age document containing information relating to some other person.
(2)
A person commits an offence who—
(a)
sells, hires, lends, or gives to any other person a document that purports to be an approved evidence of age document but is not; or
(b)
falsifies the information on a genuine approved evidence of age document relating to the age or date of birth of the person to whom the document relates.
(3)
A person commits an offence who, without reasonable excuse, sells, hires, lends, or gives to any other person—
(a)
a genuine approved evidence of age document relating to the other person but containing falsified information purporting to relate to the other person’s age or date of birth; or
(b)
a genuine approved evidence of age document containing information relating to a person other than that other person.
(4)
A person who commits an offence against this section is liable on conviction to a fine of not more than $2,000.

5

Section 241

Sale and Supply of Alcohol Act 2012

241 Supplying alcohol to minors
(1)
A person who supplies alcohol to a minor commits an offence.
(2)
A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.
(3)
It is a defence to a charge under subsection (1) if the person supplying the alcohol (the supplier)—
(a)
is a parent or guardian of the minor, and supplies the alcohol in a responsible manner; or
(b)
believes on reasonable grounds that the minor is not a minor; or
(c)
believes on reasonable grounds that subsection (7) applies to the minor, and supplies the alcohol in a responsible manner; or
(d)
believes on reasonable grounds that he or she has the express consent of the parent or guardian of the minor, and supplies the alcohol in a responsible manner.
(4)
When considering for the purposes of subsection (3)(a), (c), or (d) whether alcohol was supplied to any person in a responsible manner, the court may, in relation to the occasion on which the alcohol was supplied, take into account the following:
(a)
the steps taken by the supplier to supervise the consumption of alcohol:
(b)
whether food was provided with the alcohol:
(c)
whether a choice of low-alcohol or non-alcoholic beverages, or both, was offered:
(d)
the nature of the occasion:
(e)
any arrangements for, or provision of, safe transport:
(f)
the period over which the alcohol was supplied:
(g)
the strength and volume of the alcohol supplied:
(h)
the age of the minor:
(i)
any other matter it thinks relevant in the particular circumstances.
(5)
Subsection (1) applies irrespective of any liability that may attach to the licensee or any manager or other person in respect of the sale or supply of the alcohol.
(6)
A person does not commit an offence against subsection (1) by supplying alcohol to a person who then supplies it to a third person who is a minor, unless it is proved that the person knew or had reasonable grounds to believe that the alcohol was intended for a minor.
(7)
This subsection applies to the minor at any time if he or she is then no longer subject to guardianship by operation of section 28 of the Care of Children Act 2004.