- copy of the license displayed on the interior of the premises at all times. Outlines maximum hours of trade and any conditions.

SSOA 2012 Flashcards by Roy Lewis

4 kinds of license available?

On-license
Off-license
Club license
Special license

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Definition of “intoxication”

Means observably affected by alcohol, drugs and or other substances to such a degree that 2 or more of the following are evident.
- appearance is affected
- behavior is impaired
- co-ordination is impaired
-speech is impaired

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Definition of a “restricted area”

Area to which persons under 18 must not be admitted.

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Definition of a “supervised area”?

Area to which minors must not be admitted unless accompanied by a parent or legal guardian.

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56 & 57?

copy of the license displayed on the interior of the premises at all times. Outlines maximum hours of trade and any conditions.

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S14?

On license
-sell
-supply
-allow consumption
Of alcohol on the premises

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S17?

Off license
-Sell
-Deliver
-Arrange for delivery of
Alcohol for consumption off the premises
-Can offer complimentary samples

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S21?

Club license
-sell
-supply
Alcohol for consumption on the premises described in the license to any.
-member of the club
-guest accompanied by a member of the club
-member of another club with reciprocal visiting rights.

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S22?

Special license.
On site
-sell
-supply
Alcohol for consumption on premises
To any person attending a special occasion.

Off site
-sell
Alcohol for consumption elsewhere to any.
-person attending a special occasion.

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S214(3)

Managers name must be prominently displayed inside the premises.

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S244?

Minors found in restricted or supervised areas.

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244 elements?

-Every person commits and offense who.
-Being under 18 years
-is found in any
-RESTRICTED AREA or SUPERVISED AREA unless accompanied by a parent or guardian.
-on licensed premises.

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Exceptions for 244?

-removing or replacing equipment
-stock taking or
-checking or removing cash or
-Preparing or serving any meal
-IN SUPERVISED AREAS ONLY can a minor serve and supply Alcohol.

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Another S244 exception?

Controlled purchase operations.

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If a minor purchases alcohol on a licensed premises what are the offenses?

244 and 243.
Minor found in or on a restricted or supervised area.
&
Minor purchasing alcohol.

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S243?

Minor purchasing alcohol.

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S243 elements?

-Every person commits an offense who
-Being under 18 years
- Purchases
-Any alcohol on or from a licensed premises

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Does S243 apply to controlled purchase operations?

No, does not apply to controlled purchase operations.

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Explain Vicarious liability for managers?

When bar staff breach the SSoAA2012 they are legally liable.However, the licensee or manager is legally liable as well.

Vicarious liability defence?

Attempt to show the employee was fully trained and regularly supervised, and they had exemplary management history.

3 types of proof of age documents?

Originals
-Passport
-New Zealand driver license
- Kiwi access card

S247?

Unauthorized sale or supply

Penalty
L&M $20k
7 day suspension of license

Section 248?

Sells or supplies to intoxicated person

Penalty.
L&M $10K
Bar Staff $2k
Suspend license 7 days

S249?

Allows a person to become intoxicated.
L&M $10k 7day S of L

S252? Defence?

Allows intoxicated person to remain on licensed premises. Reasonable steps to take person to a place of safety,or remove person when they became aware.

S253? Defence?

Allows violent, quarrelsome, insulting or disorderly conduct on licensed premises. Defence if L/M took reasonable steps to take person to a place of safety or remove person when they became aware.

S256? How long after close?

Allows person to be on a licensed premises outside licensing hours 30 minutes.

S238 (1) (2)? Defence?

Every person commits an offense who: -being a licensee, manager or other person -Sells or supplies alcohol or allows alcohol to be sold or supplied -on or from licensed premises -to any person under 18 years of age They sighted ID and believes person had attained 18 years of age

S241?

Every person commits an offense who Supplies alcohol to minor

Section 255 offense committed by Patron?

Outside licensing hours

Exemptions to 255?

An employee who resides on premises

S267?

Power to enter and inspect.

S269?

Power to demand information.

If a person refuses to give details under S269 what can you do?

Caution then arrest under S269 (3)

S266 power?

Power to close a premises for 24 hours from end of day.

For what reasons would Police close a premises under S266?

Riot, fighting, threat to public safety, RGTB offenses have been commited

Summary Offences Act 1981 Section 38 (3) (a) covers what? And what are the elements?

Minor Drinking in a Public Place -Minor -Drinks -Alcohol -In any public place -While not accompanied by his or her parent or legal guardian

Summary Offences Act 1981 S38(3) (b) covers what? What are the elements?

Minor in Possession of Alcohol for Consumption -Minor -Has in his/her possession for the consumption of -Alcohol -In any public place -While not accompanied by his or her parent or legal guardian

Summary Offences Act 1981 Section 38 (1) covers what?

Alcohol offences on public transport.

What age do alcohol offences on public transport apply to?

Any age!

Under SoOA81 S45 what can Police seize?

Seize the alcohol and its container.

Where is the power to arrest when offence is viewed and details are refused?

Summary Offences Act 1981 S39(2)

Policing Act 2008 Section 36

-A constable may -TAKE a person whom they find intoxicated -In a public place or trespassing on any private property •and the person is incapable of protecting themselves from physical harm •likely to cause physical harm to another •likely to cause significant damage to property 1 - To the intoxicated persons home unless it is not reasonably practicable to provide for their care and protection 2 - A temporary shelter unless it is not reasonably practicable to provide for their care and protection 3 - a Police station - up to 12 hours or until the person ceases to be intoxicated.

Default national hours for a on or club license?

8am - 4am

Default hours for an off license?

7am - 11pm

What does Section 260 allow u to do?

Issue a ION (On duty) $250 fine

When are the 2 times a constable can enter a licensed premises?

At any reasonable time At any time