Sale & Supply Of Alcohol Flashcards
(25 cards)
What’s the definition of licensed premises?
Licensed premises means any premises for which a licence is held
What’s the definition of Bar?
Bar means a part of the hotel or tavern used principally or exclusively for the sale or consumption of alcohol
What’s the definition of Club?
Club means a body that is a club having as its object, participating in or promoting a sport or other recreational activit, otherwise than for gain; or
Is a body cooperate whose object is not gain; or
Holds permanent club charter
What’s the definition of a Restricted area?
Restricted area means an area to which persons under 18yrs must not be admitted
What’s the definition of a supervised area?
Supervised area means an area to which minors must not be admitted unless accompanied by a parent or legal guardian.
What’s the definition of Alcohol?
Alcohol means a substance that contains 1.15% or more ethanol by volume or weight.
What’s the definition of a minor?
Minor means a person who is under the age of 18yrs.
What’s the definition of intoxicated?
Intoxicated means observably affected by alcohol, drugs and/or other substances to such a degree that 2 or more of the following are evident: APPEARANCE BEHAVIOUR CO-ORDINATION SPEECH
What is Section 14 of the sale and supply of alcohol act 2012?
On licence authorises the holder of the licence to SELL
SUPPLY
ALLOW CONSUMPTION
alcohol ON THE PREMISES or coneyance described in licence.
What is Section 17 of the sale and supply of alcohol act 2012?
Off licence authorises the holder to:
SELL
DELIVER
ARRANGE FOR DELIVERY
alcohol for consumption OFF THE PREMISES described in the licence.
What is Section 21 of the sale and supply of alcohol act 2012?
A club licence authorises the holder to
SELL
SUPPLY
alcohol for consumption ON THE PREMISES described in the licence to any Member of club Guest accompied by a member Member of another club (not open to the public)
What is Section 22 of the sale and supply of alcohol act 2012?
Special licence (on and off licence) Onsite SELL SUPPLY alcohol consumption ON PREMISES to any person attending any occasion/event as per licence.
offsite
SELL
Alcohol consumption elsewhere to any person attending any occasion/event as per licence
What should be displayed on a licence and sign?
Must be displayed at all times that is inside the premises and to be easily read by people entering through each entrance.
Outlines maximum hours of trade and conditions
The duty managers name must be on display
If sign is incorrect or not present inform the duty manager. Report to alcohol harm prevention officer.
What is Section 244 of the sale and supply of alcohol act 2012?
Minors found in restricted or supervised area
Found = located in premise/seen entering or leaving. (no alcohol consumption just presence) Guardian = person who has permanent or lawful custody of a minor.
Pentalty - $2000 (duty manager) or $250 ION
Pentalty - $1000 (minor) or $250 ION
What section is 243 of the sale and supply of alcohol act 2012?
Minors purchasing alcohol from a licenced premises.
Pentalty - $2000 for licence holder & $250 ION for minor
What is the exception for section 244 for allowing minors in a restricted or supervised area?
- Cleaning, repairing, maintaining, altering or restock the area or any equipment.
- Removing or replacing any equipment
- Stocktaking
- Checking or removing cash
- Preparing or serving any meals
- Selling and supplying alcohol in supervised areas only
How many offences can be committed by licensees or manager under the sale and supply of alcohol act 2012?
SIX OFFENCES
- Unauthorised sale or supply - SECT 247
PENTALTY = licensee $20,000, upto 7days suspension, manager $20,000 - Sells or supplies to intoxicated people - SECT 248. PENTALTY = licensee $10,000, upto 7days suspension, manager $10,000, bar staff $2,000
- Allows person to become intoxicated - SECT 249. PENALTY = licensee $10,000, upto 7days suspension, manager $10,000
- Allows intoxicated person to be or remain on licence premises - SECT 252. PENALTY = $5,000 manager/licensee
- Allows violent, quarrelsome, insulting or disorderly conduct on licence premises - SECT 253. PENALTY = $10,000 manager/licensee
- Allows person to be on licenced premises outside of licencing hours - SECT 256. PENALTY = $10,000 manager/licensee
What other offences are committed involving minors under the sale and supply of alcohol act 2012?
- SECT 239 - Sale and supply of alcohol to minors on or from licensed premises.
Penalty = $10,000, upto 7 days suspend, $2,000 for employees. - Sect 241 - supplying alcohol to minors
What are your powers of entry to a licenced premises under the sale and supply of alcohol act 2012?
SECT 267 - Power to enter to ascertain they are complying with the act or RGTB offence is being committed against this act.
Power of arrest is obstruction under section 23 of the summary offencea act 1981
What are your powers to demand info at a licenced premises under the sale and supply of alcohol act 2012?
SECT 269 Constable can request name, DOB & address if they have RGTS any person has/is/attempting to commit an offence against the act.
Power of arrest under this section and act for failing to give details or belief the details are false and you have warned them they maybe arrested failing to provide particulars.
Closure of licensed premises under section 266 means what?
Police has the power to close the premises in order to prevent such incidents or to regain control of an incident that is out of control.
Must not be later than 24hrs
What are the summary offences act 1981 in relation to alcohol offences?
SECT 38(1) - Alcohol offences on public transport (all ages and will need to confirm licence for transport)
SECT 38(3)(a) - Minor drinking in a public place
SECT 38(3)(b) - Minor in possession of alcohol for consumption
S
Under section 45 of the summary offences act 1981 what does the power allow?
Power to seize alcohol and its container for an exhibit when charging a person for an alcohol offence.
Must be returned once warned, charged but not convicted.
What is the power of arrest for under section 39(2) of the summary offences act 1981?
Person who commits any offence under sale and supply of alcohol act 2012 and refuses to give particulars.
This is the power to arrest so you can obtain details - custody/fingerprints etc
