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A. Sum Exam Disclosure > Alcohol Licences > Flashcards

Alcohol Licences Flashcards

1
Q

Explain the following term - Minor?

A

A person under the age of 18

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2
Q

Explain the following term - Alcohol?

A

Contains fermented, distilled or spirituous liquor and at 20C if found on analysis to contain 1.15% or more ethanol by volume or

Is a frozen liquid or mixture of a frozen liquid and another substance or substances is alcohol (1.15%) when completely thawed to 20C

Whatever its form, is found on analysis to contain 1.15% or more ethanol by weight in a form that can be assimilated by people (vodka jelly)

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3
Q

Explain the following term - Licenced premises?

A

Any premises for which a licence is held.

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4
Q

Explain the following term - Restricted area?

A

An area designated as an area to which minors must not be admitted.

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5
Q

Explain the following term - Supervised area?

A

An area designated as an area to which minors must not be admitted UNLESS ACCOMPANIED BY A PARENT OR GUARDIAN.

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6
Q

Identify the four liquor licences:

A

On licence (Pub, restaurant)

Off licence (bottle shop, supermarket)

Club licence (RSA)

Special licence (music events, street races)

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7
Q

What offence is committed by a minor under S242 of the Sale and Supply of Alcohol Act 2012?

A

Employing minors in a restricted area.
(while that area is open for the sale of alcohol)

Does not apply if the minor is the licensee’s spouse.

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8
Q

What offence is committed by a minor under S244 of the Sale and Supply of Alcohol Act 2012?

A

Minors found in a restricted area or supervised area.

Sup area: unless supervised by a parent or guardian.

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9
Q

What offence is committed by a minor under S243 of the Sale and Supply of Alcohol Act 2012?

A

Minors purchasing alcohol on or from a licenced premises.

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10
Q

What are some exceptions to minors being allowed in a restricted area?

A

Present for the purposes of:

Cleaning, repairing, maintaining, altering or restocking premises or equipment.

Removing or replacing equipment

Stocktaking

Checking or removing cash

Preparing or serving any meal.

Bands hired by licencee (where members are minors) are not exempt

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11
Q

What is the significant difference between minors working in restricted and supervised areas?

A

Supervised area - minor can serve and sell liquor

Restricted area - minors cannot serve and sell liquor

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12
Q

What are acceptable proof of age documents?

A

Passport
Driver licence
An HANZ 18+ card

Only docs which give licencees a defence

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13
Q

When has a minor committed an offence in a public place?SOA S38(3)(a)&(b)

A

A minor

Drinks - OR -
has in possession for the consumption of

Alcohol

In a public place

While not accompanied by parent or legal guardian

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14
Q

When has an offence been committed on public transport?SOA S38(1)

A

Any person

Drinks
Supplies
Offers to supply
Has possession for consumption therein

Alcohol
On any public transport

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15
Q

What is the procedure for dealing with an offence under SOA S38?

A

Identify the offence being committed

Request name and address

If supplied warn, AION or summons, seize alcohol.

If not supplied warn liable to be arrested.

If refused, arrest and seize alcohol.

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16
Q

Outline the powers of seizure of alcohol:

A

Power to seize the ALCOHOL AND ITS CONTAINER.

Power from SOA S45Fill out a 268 property form

17
Q

What are the exceptions when a minor may have alcohol in their possession of consume alcohol in a public place?

A

A minor may consume or have in their possession for consumption when accompanied by a parent or legal guardian.

18
Q

What is the power of arrest for drinking in public places offences?

A

SOA81 S39(2)

S32: excreting in p/p, S38: alcohol in p/p

19
Q

What are your powers to obtain information under S269 of the Sale and Supply of Alcohol Act 2012 and your remedies for non-compliance?

A

Obtain Name, Address, DOB

Anyone who has committed, or is committing, or is attempting to commit any offence against the act must supply their particulars if required.

It is an offence to fail to supply details or supply false details.

They shall be CAUTIONED and continued non-compliance following a warning can lead to their arrest.

20
Q

Identify the powers of entry onto licenced premises found in S267 of the Sale and Supply of Alcohol Act 2012:

A

At any reasonable time, enter and/or inspect to:
ascertain if the licensee IS COMPLYING WITH THE ACT/LICENCE.

At any time, enter and/or inspect if they:
have RGTB that any OFFENCE against the Act IS BEING COMMITTED ON THOSE PREMISES.

21
Q

What is Vicarious liability?

A

Licensee or managers are legally liable as well for the offences committed by the bar staff.

However, the employee must be acting within the scope of the authority conferred on them (no liability if a cleaner commits and offence).

22
Q

What is the procedure for dealing with intoxicated people?

A

Option 1: Take person to their home unless:

  • address not obtainable
  • not safe
  • impractical

Option 2: Take to temporary shelter:
- unless closed or (in most cases) not available

Option 3: Take to a police station for up to 12hrs to sober up

23
Q

Under what circumstances can you take an intoxicated person to a police station?

A

The person is incapable of protecting themselves from physical harm.

Likely to cause physical harm to a person.

Likely to cause significant damage to any property.

24
Q

What rights does an intoxicated person have?

A

Must be given their rights (they’re being detained)

If detained at a Police station, can make one call.

Released as soon as sober. If the person is still intoxicated after 12hrs, medical practitioner must recommend the person be further detained for a period not exceeding 12hrs.

25
Q

How should you deal with children or young person whom you find intoxicated?

A

Where people under 17 are found intoxicated, the same provisions of the Policing Act 2008 apply. (Children, young persons and their families Act 1989 - S48)

Any concerns for C/YP should be directed to the Youth Aid Office.

26
Q

What do you look for when assessing intoxication?

A

Appearance:
Tidy/alert, vacant expression/smelling of alcohol or bloodshot eyes, dishevelled.

Behaviour:
Sensible (maybe more relaxed), overly friendly/withdrawn or seriously inappropriate?

Co-ordination:
Are the coordinated, swaggering or stumbling/unable to stand?

Speech:
Are they coherent, becoming loud/inappropriate or slurring/unintelligible?

27
Q

Define the different levels of intoxication:

A

SOBER: Monitor and serve responsibly

INFLUENCED: Intervene

INTOXICATED: Deny and remove

28
Q

What are your powers in relation to licensed premises?

A

Entry
Demand details
Shut premises down

A. Sum Exam Disclosure (13 decks)

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