Sale And Supply Of Alcohol Act 2012 Flashcards
What is a restricted area?
Any part of a licenced premises to which minors must not be admitted.
What is the definition of a minor?
A person who is under the age of 18 years.
What are the four licence types?
On-licence
Off-licence
Club licence
Special licence
What is an on-licence?
An on-licence authorises the holder of the licence to: sell, supply and allow consumption of alcohol on the premises or conveyance described in the licence eg restaurant, bar
What is an off-licence?
An off licence authorises the holder of the licence to sell, deliver, arrange for delivery of alcohol for consumption off the premises described in the licence eg bottle stores and supermarkets.
What is a club licence?
A club licence authorises the holder of the licence to sell, supply alcohol for consumption on the premises described in the licence to: any member of the club, guest accompanied by a member of the club, member of another club with reciprocal visiting rights. Eg RSA, Cossie club
What is a special licence?
There are two kinds of special licences:
1. Onsite - sell, supply alcohol for consumption on the premises to any person attending any occassion(s) or event(s) described in the licence.
2. Offsite - sell alcohol for consumption elsewhere to any person attending any occassion(s) or event(s) described in the licence.
Eg. wedding, big day out
What is the offence minors found in a restricted or supervised area made up of?
Every person commits an offence who: Being under 18 years Is found in any Restricted area OR Supervised area (unless supervised by a parent or guardian) On licenced premises
What are the exceptions for minors in supervised and restricted areas?
Employees or people there for the purpose of:
Cleaning, repairing, maintaining, altering or restocking Removing or replacing any such equipment Stocktaking Checking or removing cash Preparing or serving any meal
Selling or supplying liquor, serving (APPLYS TO SUPERVISED ONLY)
Minor is on the licenses spouse (APPLYS TO RESTRICTED ONLY)
What is the offence minors purchasing liquor made up off?
Every person commits an offence who:
Being under 18 years
Purchases
Any alcohol on or from a licensed premises
What are proof of age documents?
Passport (NZ or overseas)
Drivers licence
An ‘18-plus’ card issued by the hospitality new zealand
What is vicarious liability?
The licensee or manager is legally liable for any offence committed by his/her staff
What are the offences which can be committed by Licensees or Managers?
Section 247 - Unathorised sale or supply (selling after hours)
Section 248 - Sells or supplies to intoxicated person
Section 249 - Allows a person to become intoxicated
Section 252 - Allows intoxicated person to be or remain on licenced premises
Section 253 - Allows violent, quarrelsome, insulting or disorderly conduct on licenced premises
Section 256 - Allows person to be on licenced premises outside the licencing hours.
Section 255 - Patron being found on licenced premises outside licencing hours.
What are other alcohol offences?
Section 239 - Sale or supply of alcohol to people under the purchase age (minors)
Section 241 - Supplying alcohol to minors
What is section 267 of the sale and supply of alcohol act 2012?
Power to enter
Any member of the police may: 267(1) - at any reasonable time - enter and or/inspect licenced premises - to ascertain if licence or manager complying with the act/licence 267(2) - at any time - enter and/or inspect licenced premises - if they have RGB any offence against the act is being controlled on those premises
