SALE AND SUPPLY OF ALCOHOL 2012

Question 1

What is the definition of a minor?

Answer 1

A person who is under 18 years of age

Question 2

What is the definition for a restricted area?

Answer 2

Any part of the premises to which a minor must not be admitted

Question 3

What is the definition of a supervised area?

Answer 3

Any part of a licensed premises to which minors must not be admitted unless accompanied by their parent or guardian.

Question 4

Name two offences involving minors in supervised or restricted areas?

Answer 4

• Being a person who is under 18 years old and is found in a restricted are in a licensed premises.
• Or Being a person who is under 18 years old and is found in a supervised area in a licensed area without a parent or guardian present.

Question 5

What are the exemptions for minors being in a supervised area without a parent or guardian?

Answer 5

• Cleaning, repairing, maintaining, altering or restocking
• Removing or replacing any equipment
• Stocktaking
• Cleaning or removing cash
• Preparing or serving meals
• Selling or supplying liquor

Question 6

What are the restrictions around minors in a restricted area while it is open for the sale of alcohol unless they are there for.

Answer 6

• Cleaning, repairing, maintaining, altering or restocking
• Removing or replacing any equipment
• Stocktaking
• Cleaning or removing cash
• Preparing or serving meals
• Minor is licensee’s spouse

Question 7

What is the main difference between a supervised and restricted areas in section 244?

Answer 7

Minors can serve and sell alcohol in a supervised area. However minors can not sell alcohol in a restricted area.

Question 8

Name three approved evidence of age documents?

Answer 8

• Passport
• Photographic drivers licence
• 18 + card issued by the hospitality association of N.Z.

Question 9

What are the two situations that are an offence relating to supply a minor with alcohol?

Answer 9

• Being under 18 years, purchase alcohol from a licensed premises
• Being under 18 years old and buying alcohol for a minor. (as in supplying them.

Question 10

Explain vicarious liability?

Answer 10

The licensee is legally liable for any offences committed by his/her staff. The licensee is responsible for the actions of all staff under them.

Question 11

What are the exemptions to an offence under section 255 of being found on licensed premise outside licensing hours?

Answer 11

• Licensee/manager/spouse of licensee or manager or any family member.
• Any lodger or invited guest
• Any employee residing on premises
• Any employee/agent of licence manager who is there with Manager’s authority for the purpose of:
• Cleaning, repairing, maintaining altering or restocking
• Removing, replacing stock and any such equipment
• Checking or removing cash

Question 12

How long can an employee not living on the premises stay after the employment has ceased for the day?

Answer 12

One hour.

Question 13

What are the offences that can be committed by anyone in relation to minors?

Answer 13

Supplying alcohol to a minor

Question 14

What are the defences to supplying alcohol to a minor?

Answer 14

• If the parent or legal guardian (supplied in responsible manner)
• Believes on reasonable grounds that the minor is not a minor
• Believes that he or she has the express consent of the parent or guardian of the minor and supplies the alcohol in a responsible manner.

Question 15

What are your powers to enter a premises under section 267?

Answer 15

Police can

a) 267(1) At any reasonable time enter and/or inspect licensed premises to ascertain if the licensee or manager is complying with the act.
b) 267(2) At any time enter and/or inspect licensed premises if they have R.G.T.B. any offence against the Act is being committed on those premises.

Question 16

What happens if entry to police is failed, refused or delayed?

Answer 16

Commits an offence - $2000 fine

Question 17

Can the police close a licensed premises if it is feared that serious disorder will break out?

Answer 17

Yes, The licensed premises can also be closed so control of an incident that is out of control can be regained.

Question 18

How long can a closure be affected for?

Question 19

What is my powers in relation to section 269 of the Sale and Supply of Alcohol Act 2012?

Answer 19

You can demand:

• Name
• Address
• DOB

Question 20

What happens if a person fails or refuses to give details?

Answer 20

They can be warned and then if they do not give you there details you can arrest them

Question 21

What are two offences relating to minors?

It is an offence for:

Answer 21

• A minor to drink intoxicating liquor in a public place without parent or guardian.
• Minor has in his or her possession any intoxicating liquor in a public place without being accompanied by parent or guardian

Question 22

What offences relate to public transport?

Answer 22

Any person drinks,supplies, offers to supply or has possession control for consumption therein of intoxicating liquor in or on public transport.

Question 23

What powers do I have in relation to alcohol on public transport?

Answer 23

Can seize liquor and its containers you find that some one is committing an offence.
- If they are warned they are entitled to the return of the alcohol.

Question 24

What happens if a person commits an offence against the Sale and Supply of Alcohol Act 2012 and refuse or fail to give details?

Answer 24

He/she maybe arrested SOF Act 1981 s39(2)

Question 25

Name the four different licences?

Answer 25

- On licence - Off licence - Special licence - Club licence

Question 26

What are the environmental factors that increase alcohol and violence?

Answer 26

- concentration of males 16-29 - dense concentration of clubs/bars/pubs - poorly trained door staff - lack of transport options - public planning bottle neck - social environment noise, drugs, loud noise ect

Question 27

What are the affects of alcohol on driving?

Answer 27

- sedative/depressant - reduced concentration - under estimated degree of intoxication. - sense of confidence in driving ability

Question 28

Explain the absorption rates of alcohol in the human body?

Answer 28

- large male body larger water content so slower to get slower - women get faster as they have a higher fat content - eating slows absorption rate

Question 29

What effect does alcohol have on the body?

Answer 29

- Lower reaction times - impaired vision - reduced co-orderination - reduced emotional control - alertness

Question 30

What link is there between alcohol and violence?

Answer 30

- moderate intake increases aggressive behaviour - alcohol affects cognitive, perceptual and motor skills results in unintentional injury - factor increase if alcohol is involved with violence

Question 31

Explain Gifford vs Police case law?

Answer 31

This is the defence that if you have reasonable grounds to believe that the staff person was over age.

Question 32

What is unlawful sale and supply?

Answer 32

Selling after hours unless they have a special licence.

Question 33

After the hours of licence run out how long is there to leave?

Answer 33

Public - 30mins | Staff - 1 hour

Question 34

When can I shut a bar or pub?

Answer 34

- Riot (6 people or more) - Serious disorder - Significant threat to Health an safety - university pub a nuisance - Offences have been committed on the premises that are 5 years or more

Question 35

How do close a licensed premises?

Answer 35

- evidence - seek authority - document discussions - there is a form that is filled out - close premise down and complete a file