SALE & SUPPLY ALCOHOL ACT 2012 Flashcards
Sale and Supply Alcohol Act 2012
Sect. 4, What is the object of the Act ?
- Sale, Supply, Consumption of alcohol is undertaken safely and responsibly; AND
- Harm caused by excessive or inappropriate consumption be minimised
Sale and Supply Alcohol Act 2012
Sect. 265, closure of premises by order
What circumstances does this section apply ?
- If Riot occurs
- Reasonable grounds for believing a Riot may occur, in any place
** Riot = 6 or more persons, acting together, using violence against persons or property to the alarm of neighbourhood
Sale and Supply Alcohol Act 2012
Sect. 265(2), closure of premises by order
What order can a court impose in Riot situation ?
- DC Judge, 2 or more Justices, 1 or more Community Magistrates (at request of constable)
- order every licensee in specified area to close premises for sale of alcohol
- Order Time, not later than 24 hours from end of day order made
Sale and Supply Alcohol Act 2012
Sect. 265(4), closure of premises by order
Under ss 4, What penalties can the Court imposed, if the order is breached ?
Licensee, either or both of the following;
- Fine up to $10,000
- Suspension of license up to 7 days
Manager
- Fine up to $10,000
Staff Member
- Fine up to $3000
Sale and Supply Alcohol Act 2012
Sect. 266, Closure of license premises by Police
Under this section, what are the circumstances that constable may order closure of any license premises
- Riot … or RG that Riot May occur
- Fighting or Serious Disorder or RG believing fighting or serious disorder about to break out
- Significant threat to public health or safety
- Conduct amounts to substantial public nuisance
- if RG believing offences been committed on premises Max. penalty 5 years+, and significant risk of further offences if premises remain open
NOTE: Authority should be sought from substantive Sergeant or above
Sale and Supply Alcohol Act 2012
Sect. 266, Closure of license premises by Police
What force maybe used ?
Constable may “use any force that maybe necessary” to close license premises
Sale and Supply Alcohol Act 2012
Sect. 267, Powers of entry on licensed premises
What does this section allow Police and an Inspector to do ?
May at any reasonable time enter and inspect premises, to ascertain whether licensee complying with conditions of license
May also enter and inspect, when RG to believe offence against this act being committed
Sale and Supply Alcohol Act 2012
Sect. 269, Powers of Police to demand information
What powers do police have under this section?
When reasonable cause to suspect person committed offence (or attempting), may require person to provide name, address and DOB
Sale and Supply Alcohol Act 2012
Sect. 269, Powers of Police to demand information
What powers do police have under this section, If person provides false details or refuses information ?
If persists in refusing or fails after being cautioned, may be arrested without warrant
Penalty: Up to $2000 Fine
