Flashcards in Sale of Liquor Deck (29)
What are "licensed premises"?
Anywhere that liquor is sold pursuant to a license.
What is a "bar"?
The specific place exclusively for the sale, supply, or consumption of liquor.
What is a "club"?
Chartered club/Club with sport or recreation as an objective other than for gain/A voluntary association of persons for a purpose other than gain.
What is a "restricted area"?
Any part of licensed premises restricted to persons 18 and over
What is a "supervised area"?
A part of licensed premises where persons under 18 shall not be admitted unless accompanied by their parent or legal guardian.
What is the definition of "liquor"?
Liquor that is found on analysis to contain 1.15% or more alcohol by volume at 20 degrees.
What is a "minor"?
Person under 18.
What is the definition of "intoxication"?
A person under the influence of intoxicating liquor/drug/other substance to such an extent as to be incapable of properly looking after themselves.
What is an on license?
A license that allows the holder to sell/supply/allow the consumption of liquor on the premises.
What is an off license?
A license that allows the holder to sell/deliver/arrange for delivery of liquor for consumption of liquor off the premises.
What is a club license?
A license that allows the holder to sell or supply liquor for consumption on the premises to any club member/guest accompanied by club member/member of club with reciprocal visiting rights.
What is a special license?
Allows the holder to sell or supply liquor to any person attending the occasion or event described in the license.
Where must a license be displayed?
The interior of the premises so as to be easily read by people entering through the principle entrance.
What is the rule around displaying manager's identity?
The managers name must be prominently displayed inside the premises.
What are the three offences involving minors on licensed premises?
Minors found in a restricted/supervised area
Employing minors in restricted areas
Minors purchasing liquor.
What is the acronym for the exceptions to minors in a supervised area?
Stocktaking, Cash (removal/change), Removing (equipment), Equipment (cleaning/maintenance), Meal (preparation/serving), Selling liquor.
What is the acronym for the exceptions to minors in a restricted area?
Stocktaking, Cash (removal/change), Removing (equipment), Equipment (cleaning/maintenance), Meal (preparation/serving)
What are approved proof of age documents?
Passport (nz or overseas), nz drivers license, HANZ 18+ card.
When you complete a liquor infringement notice, what else must you do?
Seize a sample of the liquor as an exhibit.
In terms of Sale of Liquor, what is vicarious liability?
When the licensee/duty manager is legally liable for the actions of the bar staff, UNLESS the employee acted in breach of training, OR it was reasonable to believe the person was over 18.
What are the 6 offences committed by licensees/managers?
Sells/supplies to intoxicated person
Allows a person to become intoxicated
Allows persons to be on licensed premises after hours
Sells/supplies liquor to a minor
Allows intoxicated person to remain on premises OR allows violent, quarrelsome, insulting or disorderly conduct on licensed premises.
What are the exceptions to offences committed by licensees/managers?
Licensee/manager or their spouse/family
Lodger or bond fide guest
Employee who lives at premises
Employee working (SCRE)
Employee not living on site for up to 1 hour after finishing work for the day.
What are the three offences that involve drinking in a public place?
Minor drinking in a public place unaccompanied
Minor has liquor for consumption in public place unaccompanied
Drinks/supplies/offers to supply/possesses for consumption liquor on any public transport.
What are your powers of seizure around liquor consumption in public places?
Power to seize liquor and container, but if person is only warned/charged and not convicted, they are entitled to the liquor back.
What are the defences for purchasing liquor for minors?
It is your own child,
OR they are attending a private function.
What are two liquor offences that can be committed by anyone?
Purchasing liquor for a minor, OR remaining on licensed premises after hours (30 minutes)
What are police powers to enter licensed premises under section 175(1)?
At any reasonable time, enter and inspect licensed premises to ascertain if they are complying with their license and the Sale of Liquor Act.
What are police powers to enter licensed premises under section 175(2)?
At any time, enter and expect licensed premises, if they have RGTS offences are being committed.