Alcohol Licence, and related behaviour offences Flashcards

1
Q

Restricted Area

A

An area that Minor must not be admitted, within a licenced premises.

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2
Q

Supervised Area

A

An area that Minor can be, IF

ACCOMPANIED by a parent or legal guardian.

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3
Q

Intoxication

A

CABS

Co-Ordination affected
Appearance affected
Behaviour impaired
Speech imparied

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4
Q

On Licence

A

Licence Holder may:

Sell
Supply
Allow consumption of,

ON,

The premises, or areas described in the licence

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5
Q

Standard National Hours of Trading

A

On Licence
8am to 4am the next day.

Off Licence
7am to 11pm.

By Laws and Local law can alter these hours.

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6
Q

Off Licence

A

Licence Holder may:

Sell
Deliver
Arrange Delivery of,

Alcohol, for consumption off premises.

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7
Q

Club Licence

A

Licence Holder may:

Sell
Supply

Alcohol for consumption on premises, to any

Member of the club,
Any Guest of a memeber
member of reciprocal club

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8
Q

Minor Drinking in a Public Place

A
Every person under 18yrs of Age
\+
Who consumes
\+
Any Alcohol
\+
In any Public Place
\+
While NOT accompanied by a parent, or legal guardian
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9
Q

Minor in Possession of Alcohol for Consumption

A
Every person under 18yrs of Age
\+
Who carries for consumption
\+
Any Alcohol
\+
In any Public Place
\+
While not accompanied by their parent or legal guardian

[Without intent to consume in public, carrying alcohol is not necessarily an offence]

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10
Q

Alcohol on Public Transport

A
Any Person,
\+
Who 
Drinks
Supplies
Offers to supply
Has possession for consumption within transport
\+
Any Alcohol
\+
In or on a form of Public Transport
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11
Q

Alcohol Consumption Offence Powers

A

Power to Seize alcohol and its container, if an offence is committed.
The alcohol will become an exhibit if the person is charge, or returned if not.

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12
Q

Intoxicated person found in Public Place, or Trespassing

A

Any Constable may:

Section 36 policing act

Take an intoxicated person
\+
If found in a public place, or trespassing
\+
IF the person is:
Incapable of protecting themselves,
May harm others, or damage property
\+
To their home if safe/practicle, or
a temporary shelter, or
a police station MAX 12hrs,
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13
Q

Temporary Shelter

A

A place capable of providing for the care and protection of an intoxicated person

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14
Q

Intoxicant

A

Any intoxicating substance, Drugs, Alcohol, Fumes, Chemicals

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15
Q

Taking Custody of an Intoxicated person

A

Must advise them of their Bill of Rights,
+
The person may also be search by authority of Search and Surveillance 2012 S85 Rubdown, ensure safety and deny escape, along with s11 custody search if 12hr holding in cells occurs.

[They are being detained to ensure their safety, which means they need to be advised of their rights.]

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16
Q

Power to Enter Licenced Premesis

Section:

A

Section: 267
Any Constable, Or Inspector

At any REASONABLE TIME,
May Enter, and/or inspect

To ENSURE Licencee is COMPLYING with Licence and Act.

If RG2B an OFFENCE is being committed against the Act WITHIN/ON those premises, A Constable or Inspector may ENTER at ANY TIME

Any person who delays, refuses, or stops entry without reasonable excuse,

Commits an Offence of Obstrutction

17
Q

Power to Demand Information: Alcohol Licence Premises

Section:

A

Section: 269
RG2S Any Person has:

Committed,
Is Committing
Is Attempting to Commit,
\+
Any Offence Against Sale and Supply Act
\+
May Require
Name
Address
DoB
\+
If RG2B false info, require evidence of details
\+
If Fails, or Refuses to provide details, or evidence of details.
Caution, then arrest if no change in behaviour Section 269(3)
18
Q

Minor found in Restricted Area

A

An Offence is committed by

Any Person under 18yrs

If found in a

Restricted Area

On licenced Premises

[The Licencee of the premises,
The Manager and
the Minor can be fined to differing monetary values for this offence]

19
Q

Minor found in Supervised Area

A

An Offence is Committed by

Any Person Under 18yrs

If found in a

Supervised Area,
and,
NOT ACCOMPANIED
by,
Parent, or Legal Guardian

On Licenced Premises

20
Q

Minors and Lawful presence in Restricted and Supervised areas

A
A minor is allowed in a RESTRICTED AREA if employed for the purpose of:
Maintenance
Stocktaking,
Cash handling
prep and serve meals

They are not allowed to serve, or sell alcohol in a restricted area

A minor is allowed in a SUPERVISED AREA if employed for the purpose of:
Maintenance
Stocktaking
Cash Handling
Prep and Serve Meals
Sell and Supply Alcohol
21
Q

Minor Purchasing Alcohol

A

Any person,

Under 18yrs

Who purchases

Any Alcohol from a licenced premises

22
Q

Types of Documents for Evidence of Age

A

Passport (New Zealand AND Overseas)
Driver Licence (NZLTA,98)
NZ 18+ CARD

23
Q

Offences by Licencee, or Manager

A

After Hours Sale (Unauthorised sale)

Sell/Supply to a Minor

Sell/Supply to intoxicated person

Allows intoxication of a person

Allows intoxicated person to remain, or makes no reasonable attempt to remove

Allows violent, argumentative, or disorderly conduct, or makes no attempt to remove

Allows persons on premises outside of licencing hours, 30mins, or more after requirement to close

24
Q

Power to Enter Section:
Any Time,
AND,
Any Reasonable Time

A

Section 267

25
Q

Power to Demand:

A

Section 269

26
Q

Power to Arrest:

A

Section 269(3)

27
Q

Closure Of Licenced Premises

A

Section 266:

Five Conditions for Closure:

Rioutous Behaviour, or Riot may occur

Fighting, or Serious Disorder, or may occur

Significant Public, or Safety Threat

Conduct of Persons on Premises is Substantial Public Nuisance

RG2B +5yr offence, or risk of further offences

Power to Close for 24hrs MAX after the day of closure.

28
Q

Holding at Police station as last choice for Detoxification

A

As a last choice for a person in need of care and detox, holding in police station:

12 hours maximum holding, BoR caution as they are detained, S&S 2012; S85 and S11 searches.
AND,
If not Detoxed after 12hrs, Doctors examination to extend another 12hrs, or approve release from cells.