Flashcards in Sale And Supply Of Alcohol Deck (28)
A bar is the part of a hotel or tavern used principally or exclusively for the sale or consumption of alcohol.
Define licensed premises
A licensed premises any premises for which a licence is held, namely a on, off and special licence relating to sale and supply.
Define a club
A club is a body that -
- is a body corporate having as its object, participating in or promoting a sport or other recreational activity, otherwise than for gain or;
- is a body corporate whose object is not to gain or;
- holds permanent club charter
What is a restricted area?
An area designated as an area that minors must not be admitted and;
In relation to any licensed premises or the licensee or a manager of any licensed premises means an area of that premises that is designated as an area of much minors must not be admitted.
What is a supervised area?
Means an area that is designated as an area that minors must not be admitted unless accompanied by a parent or guardian and;
In relation to any licensed premises or the licensee or manager of any premises means an area of that premises that is designated as an area to which minors must not be admitted unless accompanied by a parent or guardian.
A substance that is or contains a fermented, distilled or spiritous liquor and;
At 20 degrees is found on analysis to contain 1.15% or more ethanol by volume.
Define a minor
Minor means a person under the age of 18 years
Intoxication means observably affected by alcohol, other drugs, or other substance (or a combination) to such a degree that 2 or more of the following things are evident:
Appearance is affected
Behaviour is impaired
Co-ordination is impaired
Speech is impaired
In relation to an ON licence, what does it allow you to do? The national trading hours? What endorsement is available?
The ON licence can be issued to sell or supply alcohol , either on premises or on a conveyance.
National maximum trading hours for a on site licensed premises is between 8am-4am.
Endorsement under section 37, the licensee can let any person bring their own alcohol, and leave with it as long as its in a sealed container.
In relation to an OFF licence, what does it allow? What are the operational hours?
This license allows for the consumption off the premises only. It applies to outlets such as bottle stores and supermarkets. A hotel, bar or club will need an off license if it wishes to sell alcohol to take away. An OFF license also authorises holders to offer complimentary samples of alcohol on premises.
What does a club licence allow?
Under this license it allows the sale and supply of alcohol for consumption on premises to any members of the club, guest accompanied by members and members of another club with reciprocal visiting rights. The club cannot be open to the public.
What is a special license?
There are 2 kinds of special licence, on site to supply and sell and off site to sell and consume anywhere to which a person attending any occasion or event.
What are the rules around the display of licenses and signs?
A copy of the license must be displayed at all times, it must also be attached to the interior of the premises or conveyance so as to be easily read by people entering through the principle entrance, it also states that maximum hours of trading.
The duty managers name must also be displayed prominently inside the premises.
If the signage is not present or incorrect this needs to be brought up with the manager. Report the matter to an alcohol harm prevention officer.
What are the offences available to be committed by minors under the Sale and Supply of alcohol act 2012? what are the exemptions of s242?
S242 - employing minors in a restricted area (exemption of maintenance of any equipment or area, removing or replacing equipment, stocktaking, checking or removing cash, preparing or serving any meal).
S243 - minors purchasing alcohol
S244 - minors found in restricted or supervised areas (does not imply to employees in the area)
What are the offences licensees or managers can commit under the Sale and Supply of Alcohol Act 2012?
S241 - supplying alcohol to minors
S247 - unauthorised sale or supply
S248 - sale/supply to intoxicated person
S249 - allowing people to become intoxicated
S252 - allowing intoxication on licensed premises
S253 - allowing disorderly conduct on licensed premises
S256 - allowing people to be on licensed premises outside licensing hours
What are your powers to obtain information under section 269 of the SSA 212 Act? and your remedies for non-compliance?
The SSA Act 2102 gives you the powers to gain entry to any licensed premises and demand information and, in some circumstances, to temporarily close down licensed premises.
Identify the powers of entry onto licensed premises under section 267 of the SSA Act 2102
S267 allows the power of entry is provided to ascertain whether the licensee is complying with their obligations under the act or other offences under the act being committed.
What are the elements of safe police procedure when carrying out a compliance check?
- Consider the type of premise it is
- Time and day of the week
- Attitude of staff
- Number of police with you and their experience
- The reason for your inspection.
During the visit -
- Contact management first
- Exercise discretion when talking to patrons
- Give people time to comply
- Observe patrons body language and behaviour
What circumstances are police allowed to order the temporary closure of premises?
Police are able to close licensed premisses if they believe that one of the five circumstances is/or about to take place in the premises, a riot, fighting or serious disorder, significant threat to public safety or health and safety, substantial public nuisance, reasonable grounds to believe an offence carrying a penalty of 5+ years has taken place and risk of further ones being committed.
When has a minor in a public place committed an offence?
When a minor drinks alcohol in a public place while not accompanied by a parent or guardian OR a minor has in their possession for the consumption of alcohol in a public place while not accompanied by a present or guardian.
The person HAS to be incapable of protecting themselves, or likely to cause harm to others or property of others.
When has a person committed an offence on public transport?
When any person drinks, supplies, offers to supply, has possession for consumption therein, alcohol on any public transport.
What steps must you take to deal with public place offences?
Identify the offence being committed
Request name and address
If supplied give a warning and seize alcohol
If not supplied warn arrest
If refusal arrest and seize
Outline the powers to seize alcohol
The power to seize alcohol and its container comes from section 45 of the Summary of Offences Act 1981, it is important to keep the alcohol as an exhibit if charged.
What are the exceptions to a minor possessing or consuming alcohol?
A minor may possess or consume when accompanied by a parent or guardian.
What is the procedure to dealing with intoxicated people?
A constable may take a person whom they find intoxicated in a public place or trespassing on any private property to the intoxicated persons home unless or a temporary shelter if its not reasonably practicable to provide for their care and protection. Last resort is the police station for up to 12 hours or until the person ceases top be intoxicated.
What rights does the intoxicated person have?
Because they are detained under enactment they are to be given their caution rights, if detained at the police station, make a phone call and then to be released as soon as sober. If a person is still intoxicated after 12 hours, a medical practitioner must recommend the person remained detained for another 12 hours.
What do you look for when assessing intoxication?