CH 3 - Alcohol Flashcards
What is the object of the Sale & Supply of Alcohol Act 2012?
- Sale/supply/consumption undertaken safely & responsibly
- Harm from excessive drinking minimised
What does ‘harm’ include in relation to the SS0AA2012?
Clue: to individuals and community………. starts with Damage (8 things)
- Damage
- Death
- Disease
- Disorder
- Illness
- Injury or
- Crime
- harm to society or community generally from above(Directly or indirectly)
What are the main points of s.237 SSoAA2012?
Irresponsible promotion of alcohol, a person commits an offence if in the course of carrying out their business they (6 points)
- Enc Exc Dr on L/Prem
- Dis 25% norm
- On L/Prem Prom/Adv disc 25% seen/Heard O……
- Adv fr Alc unless - samp/off Lic or On/Li not seen or H
- Prz for b Alc (only on L/Prem)
- Prom/Ads that App to Min
- Encourages excessive drinking on licensed premises or any other place
- Promotes Discounts that appear to be 25% below normal price
- excludes on-licence premises/catalogue OR
- Holds or has ON licence, a promotion or advertisement of discounts on alcohol that leads people to believe that:
- Alcohol 25% below normal price can be heard/seen outside
- Promotes/adverts alcohol that is free of charge -unless
- sampling-off licence or
- on-licence premises if not seen/heard outside
- offence if-win prize from buying alcohol (only on-licence) promos/advert that appeals to minors (excl Loyalty programmes unless primarily alcohol)
What is the penalty for an offence against s.237 SSoAA2012: Irresponsible Promotion of alcohol?
(3 points)
- $10000 to licencee
- 7-day licence suspenssion for licencee
- $10000 to any other person
What are the main points of s.265 SSoAA2012?
Closure of premises by order (4)
Clue: Riot / who / how long
- Riot occurs or
- Reasonable grounds to believe may occur
- District Crt Judge/Community Magistrate/2 JP
- Request any Constable to order all licensee’s in/within specified distance of place to close for specified time (24hrs from end of day of order) may use force
What is the penalty for an offence against s.265 SSoAA2012:
Closure of Premises by order? (4 points)
- $10000 to Licencee
- 7-day licence suspenssion for licencee
- $10000 to Manager
- Any person who sells $3000
What are the circumstances police can close premises under s.266 SSoAA2012? Closure of premises by Police (7 points)
Who has to authorise closure?
- Riot occurs or :-
- RG riot may occur
- fighting/serious disorder or
- RG above may occur
- significant threat to public health & safety
- subtantial public nuisance
- RG offences on premises (>5yrs)
- Substantive Sgt or above
What powers do police have to CLOSE premises under s.266 SSoAA2012?:
Closure of premises by Police
Clue: What can the police do at the time of closure? (4)
Clue: Remember time
- Order closure licence premises or parts
- specified time (24hrs)
- persons to leave premises
- May use force
What can a licencee manager do if his premises has been closed by police under s.266 SSoA2012 (4 points)
- May immediately apply to:
- District Crt Judge/2+Justices/Community Magistrate
- for revocation of order District Crt Judge/2+Justices/Community Magistrate may:-
- revoke all or subject to conditions
- refuse to revoke
What is the penalty for an offence against s.266 SSoAA2012:
Closure of Premises by Police? (4 points)
- $10000 to Licencee
- 7-day licence suspenssion for licencee
- $10000 to Manager
- $3000 Any person who sells
s.267 SSoAA2012 Powers of Entry on Licensed Premises
What can a Constable/Inspector do under this section? (5)
Fine?
- Enter and inspect premises
- any resonable time
- assertain compliance with act (or)
- enter and inspect premises any time of
- RG offence against Act is being commited
- ($2000 fine if refuse/delay entry)
s.267 SSoAA2012 Powers of Entry on Licensed Premises
What can a Constable/Inspector require once entered? (2 points)
What is the fine?
- Produce licence/documentation (required by Act)
- licensee/manager to provide information & assitance (as per duties of manager)
- $2000 fine
s.269 SSoAA2012 Powers of Police to demand information:
What can a Constable/Inspector require/do under this section? (5 points)
Fine ?
- Constable RGtS Offence committed against Act
- Require Name, address and DOB
- if RGtS false details
- require evidence
- if refuses after caution arrest without warrant
- Fine $2000
In sections 86 & 87 of the Crimes Act 1961, what constitutes a riot? (4 points)
- 6+ persons
- acting together
- violence against persons/property
- alarming persons in neighbourhood
Before ordering the closure of a License Premises:
what must be considered? (3 points)
- Can be resolved by other means
- risk of closure (disgruntled patrons etc)
- impact on licensee
