LCQ Revision - TTB
Who are the 3 reports from, that the DLC will want with your licence application
local police licensing inspector medical officer of health
What are the national default trading hours for each licence type
on licence 8am - 4am Club licence 8am - 4am Off licence 7am - 11pm
How long is a managers certificate valid for
one year when first issued and renewed for 3 ears thereafter. The process to renew is the same as application process
During the application process who will interview you and why
the licencing inspector to assess your suibability and to test your knowledge relating to management of the licensed premises and compliance with the law
What are the 2 objects of the Sale and Supply of Alcohol Act 2012
1. That alcohol should be sold, supplied and consumed in a responisble and safe way 2. To minimise harm caused by alcohol intake in an irresponsilbe or excessive way
How many members does the DLC have?
3
What is the maximum size of a vessel when serving spirits
500ml - Licensee, manager or staff can be fined up to $2,000 for using anything larger
What is the definition of alcohol
A drink which contians a fermented distilled or spiritous liquor, which has more than 1.15% ethanol
How long is a licence valid for and what is the renewal process
A licence is valid for 1 year when first issued, and then can be renewed for 3 years thereafter. A renewal must be submitted no later than 20 working days before the expiry of the licence The renewal process is exactly the same as the application process
Explain why age, gender and ethnicity influence the way a person will react to alcohol
Age - young people have limited liver enzyme which needs to build over time. Older people have decreased metabolism, lower body mass and lower tolerance Gender - men hold more muscle which has more fluid (blood stream) in their body to distribute alcohol around. Differences in metabolism and absorption Ethnicity - some ethnic groups have different amounts of liver enzyme to break down alcohol
What does ARLA stand for
Alcohol Regulatory and Licensing Authority
What are the effects of alcohol and the standard drink measures
Alcohol is a sedative and hypnotic drug. It acts as a depressant as it slows down the central nervous system including the brain. Alcohol is mainly absorbed into the bloodstream through the small intestine. Alcohol remains in the blood stream until it is broken down by the liver at a rate of one standard drink per hour Beer - 300ml Wine - 100 - 120ml Spririts - 30ml
Why should you refuse service to someone who is on drugs or medication
Alcohol reacts negatively with more than 150 different medications Can cause rapid devastating levels of intoxication with long term damage Can cause loss or consciousness or accidental death
What is a supervised area
An area where minors and those under 18 must be accompanied and continually supervised by a parent or guardian. Staff under 18 can serve alcohol in this area. Need to verbally establish relationship before allowing those under 18 into area
What is a restricted area
An area where minors and those under the age of 18 are not allowed to be. Staff under 18 can not serve alcohol in a restricted area
Who can be appointed as the chairperson of a DLC
An elected council member or commissioner
What are the 4 observable signs of intoxication and the indicators
Appearance - glassy or bloodshot eyes, unable to focus, dishevelled and untidy appearance, dozy or sleepy Behaviour - rule or foul language, loud or obnoxious, agressive or threatending behaviour, violence or inappropriate overly sexually behaviour, causing damnage or potentially harmful actions Coordination - spills drink, stumbles, trips, weaves, walks into objects, unalbe to sit or stand straight or unaided Speech - slurred, difficulty forming words, loud, repetitive, unable to finish sentence or have conversation
List 4 observable signs of someone who is influenced by alcohol and the influencers
Appearance - starting to look untidy, blank face expression, becoming more physically animated Behavour - overly friendly, argumentative or annoying, drinking quickly or ordering stronger drinks Coordination - Swaggering, delayed reactions, balance beginning to be effected Speech - overly talkative, becoming louder, inappropriate language, jokes or statements
How must hotels and taverns designate their bar area
As either restricted or supervised
What are 5 techniques that help to prevent serving alcohol to minors
Ask every customer who looks under 25 for ID Ensure staff are trained to check for ID Only ever accept legal evidence of age documents and use signs to emphasis If in doubt refuse service Make sure there is clear signage to indicate supervised or restricted areas
When must there be a manager on duty?
At all times that alcohol is available to be sold or supplied
When can the police or licensing inspector enter licensed premises?
At any reasonable time to in inspect or whenever they believe an offence is being committed at any time
How often do Territorial Authorities have to review their LAP
At least every 6 years
What are the 6 catergories of offences (need to understand which offences would fall under which category
Banned and restricted alcohol products Offences relating to minors and under age Other offences on licensed premises Failure to comply with requirement or restriction Unlicensed persons and unlicensed premises Irresponsilbe promotion NB Offences related to evidence of age documents comes under 'other offences on licensed premises. Everything else is common sense
What are the 3 types of authorised customers that a club license allows sale and supply of alcohol to and where can they serve alcohol?
Club members Accompanied guests of club members Members from affiliated clubs with recipricol visiting rights They can serve alcohol on club premises only
What is the duty manager responsible for
Compliance with and enforcement of the act Compliance with and enforcement of conditions of licence Conducting the premises with the goal to minimise alcohol related harm
Who conducts controlled purchase operations relating to sale of alcohol to minors
Conducted by police who recruit a young person as a mystery shopper to ensure premises are not supplying alcohol to minors
What are the 4 main functions of ARLA
Consider and determine any applications referred to them by DLC (usually problematic ones Look at appeals against decisions by DLC's Look at appeals against elements of draft LAPs Look at applications for variation, suspension or cancellation of licenses or managers certificates
What can happen to a duty manger who gets convicted of drink driving
Could have managers certificate suspended or cancelled
List 5 types of transport options to help prevent drink driving
Courtesy van or drop off service (must be free) Dial a driver services Encourage designated sober drivers with deals for them Taxi fares - partnerships and reduced rates available Easily accessible phone for clients to ring friends to pick them up or taxi
List 2 benefits of creating a safe and responsible environment for the customer Managers and staff The premises The community
Customer - feels valued and safe, risk of experiencing harm is minimised, they can relax and enjoy themself Managers and stuff - work more enjoyable, develop better relations with customers, reduced risk of harm or violence in workplace Premises - reduced risk of fines, less breakages and damange, increase in returning customers Community - reduced crime and violence, reduced drink driving offending, reduced health care and emergency service costs, less damage and vandalism
Where do you apply for a Manager's Certificate
DLC District Licencing Committee
What does DLC stand for
District Licensing Committee
Who is an application for a license submitted to
District licensing committee
What are the 2 main priorities of a duty manager
Enforce compliance with legal requirements Conduct premises in a way that minimises harm or potential harm from excessive or inappropriate consumption of alcohol
What are 5 conditions relating to on licences and club licences
Food must be provided Free water provided Low alcohol options provided with 2.5% or less ethanol Non alcoholic options provided Information for transport provided
What are 4 reasons you might issue a trespass notice
Habitual drunkeness Threatening agressive or violent behaviour Possession of drugs or weapons Disorderly behaviour
What are 2 ways management can support thier staff
Help them and back them up when they are dealing with difficult or potentially volatile customers Positive feedback as they often deal with hard situations Training in conflict management
What are the 3 grounds that a police or inspector can apply to ARLA for an order to suspend or cancel a licence
If premises is in breach of any provisions of the Act, conditions of the licence or operating in an improper manner If the conduct of the licensee shows that they are not a suitable person to hold the license If the licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or public
Explain the 3 strike rule and the consequences for manages
If you commit 3 offences in 3 years your managers certificate will be cancelled automatically and immediately Can not reapply for 5 years or be temporary or acting manager in this time. 3 strike rule applys to offences such as irresponsible promotion of alcohol, selling to minors, selling to intoxicated people, unauthorised sale or supply as well as other relevant offences
Where must the name of the duty manager be displayed
In a clearly visible place on a sign inside the premises
What are 2 examples of alcohol related harm for an individual Managers and licensees Community
Individual - poor health, breakdown in personal and family relationships, financial problems and employment issues Managers and licensees - less job satisfaction, possible damage to premises, loss of licence or revenue, loss of business reputation The community - crime and violence, road accidents and drink driving offending, cost to health system
What is the signage required for onlicences
Licence and conditions - main door Ordinary hours of trade - main door Manager on duty - easily seen Food available - easily seen Transport options - easily seen Prohibited persons - point of sale (cash register)
How can LAPs give he community control over the licensing process
Limit location of licensed premises Limit the number of licensed premises Impose any reasonable license conditions Restrict or extend trading hours
What is LAP
Local Alcohol Policy - which is a set of decisions made by local council around the sale and supply of alcohol
What are 6 techniques to slow down the service of alcohol
Make those ordering rounds come up and order drinks individually Actively promote low alcohol or non alcohol beverages Encourage customers to eat Serve water on side for spirit and wine drinkers Remove empty glasses without upselling or offering another drink Provide smaller amount of drink
What are the 2 grounds that a managers certificate can be suspended or cancelled
Manager has failed to conduct the premises in a proper manner Managers conduct has shown that they are not a suitable person to hold the certificate
Name 4 offences that can result in an instant fine (infringement notice)
Minors in restricted or supervised areas - $250 Manger or employee intoxicated on premises - $500 Sale of spirit in vessel exceeding 500ml - $250 Name of manager on duty not displayed - $250
What is responsible service based arond
Monitoring your customers alcohol consumption and preventing intoxication by intervening in service where required
What happens if you need a temporary manager for longer than 48 hours
Must submit an application to DLC for managers certificate Must notify DLC and police of appointment if longer than 48 hours
What are the 6 key elements of host responsibility
NOn and low alcoholic refreshments Food Responsible service and promotion Under age persons - practices to prevent service Intoxication - practices to prevent Transport options
Who do you have to sell alcohol to?
Nobody. There is no obligation to serve alcohol as long as the decision is not based on discrimination under the Humans Right Act
What are the 4 different types of licence
On licence Off licence Special licence Club licence
Where does an on licence allow the sale, supply and consumption of alcohol
On the premises dictated by the license.
What is one condition attached to every licence
Operating days and hours for the premises
What is host responsibility policy
Physical written document maintained by licensee, outlining how management will provide a safe comfortable environment for customers. The licensee is responsible for writing the policy
Who will submit reports relating to your manager's certificate application?
Police Licensing inspector
Who must the council (territory authority) consult with to develop Local Alcohol Policy (LAP)
Police Licensing inspector Medical officer of health Community
What training should be provided to staff
Responsible service of alcohol Legal issues relating to minors, proof of age, intoxication Evacuation procedures and max occupancy Basic first aid and medical emergency procedures Transport available from premises
What does an off licence allow
Sale and supply of alcohol for consumption elsewhere, e.g. liquor stores, supermarkets
What does an onsite special licence allow
Sale, supply and consumption of alcohol for a one off special event. e.g. fundraising. Also existing on license or club license holders can apply to operate outside their normal licence conditions for a special event e.g. sports, wedding, concert
List 2 offences relating to intoxication and penalties
Sell or supply alcohol to an intoxicated person or allowing them to become intoxicated on premises Licensee $10,000 max fine and up to 7 days license suspenstion Manager up to $10,000 fine Staff up to $2,000 fine Allowing intoxicated people to remain on license premises - up to $5,000 Manager or staff intoxicated on premises - manager up to $4,000, staff up to $2,000
What are 2 offences relating to minors and potential penalties
Selling or supplying to alcohol to minor on or from unlicensecd premises.or knowingly selling to someone who intends to give to minor $10,000 max fine to licensee and up to 7 days license suspension. $10,000 max fine to manager $2,000 max fine to staff member Permitting minors to be in a restricted area or supervised are unaccompanied Licensee or manager fined up to $2,000
What are the 2 main forms of service intervention?
Slowing down service of alcohol and cutting of service of alcohol
How does food work to limit intoxication
Slows the speed that alcohol is absorbed by the body into the blood stream. Food sits in the stomach while it is being digested, blocking access to the small intestine
Why is it important to ensure you do not exceed your maximum occupancy numbers
So in event of emergency you can evacuate everyone safely and quickly. Overcrowding hinders evacuation and can potentially lead to death or injuries
What are 5 factors that affect how quickly someone becomes intoxicated that you can influence
Speed of consumption The setting Amount of alcohol consumed Absorption rate (promote water and food) The persons mood
What are 4 criteria your application for a managers certificate will be assessed against
Suitability e.g character, work ethic Work experience - e.g. generally want 6 months recent experience selling and supply alcohol in NZ Convictions Training - LCQ qualification
What are 4 steps to take if you suspect drink spiking
Take customers concerns seriously Get medical attention Get as much information as you can quickly Protect any samples Inform police Enter details in incident logbook
When can licensee appoint a temporary or acting manager
Temporary manager in the event of an emergency for 48 hours Because of illness or absence for acting manager for up to 3 weeks
Who appoints members of the DLC
Territorial Authority (council)
Why is it advisable to call the police to remove someone who is trespassing
The police are trained and equipped to deal with this type of situation, and important to keep yourself safe
What is the main role of the Licensing Inspector
They are an independent council employee that gives objective legal advice to the DLC. Their main role is to monitor compliance of licensed premises with the act and licensed conditions
Where is ARLA based and which government department are they part of?
They are based in Wellington Department of Justice
What are the restrictions on external promotions
They cannot advertise a discount of 25% or more below the price at which alcohol is ordinarily sold
What is a licencees responsibility for a managers register
They must maintain a managers register and notify DLc and police of any changes and any information about each manager they have employed
What is a temporary authority used for and how long are they issued for?
This is for someone who has bought a business with a current licence allowing them to operate for up to 3 months while application for their own licence is being processed. New owners have to comply with conditions of old owners licence until their one is processed
What is the purpose of the Sale and Supply of Alcohol Act 2012
To control the sale and supply of alcohol which is a potentially harmful product, through licensing and regulation.
What are the 3 main functions of the DLC (District Licensing Committee)
To look at applications for licenses and manager certificates Renewals of licenses and managers certificaes Applications for Temporary Authority
What is the purpose of the licence condition relating to alcohol areas for supermarkets and grocery stores
To minimise exposure of displays, promotions and advertising of alcohol to shoppers.
What is the Medical Officer of Health's role
To provide DLC with reports on licese applications Promote host responsibility and responsible drinking Conduct visits of licensed premises to ensure they are providing food, non alcoholic drinks and free drinking water
Why is it important to maintain an incident logbook
To record all incidents particularly relating to intoxication, confrontations and removals. Used to protect management and staff as it provides evidence of how an incident was handled which can be used in court providing each entry is signed and dated Also good for cross shift communication
What are 6 techniques used to cut off service of alcohol
Treat people with care, sensitivity and respect Be non confrontational and non judgemental Keep your body language relaxed and friendly Don't negotiate - be firm but polite Use broken record technique Prepare some stock phrases ahead of time Use humour to diffuse situation Use wording can't rather than won't Communicate to staff and friends of patron when you cut them off
What are 4 conditions that may be attached to a special licence
Type of container alcohol can be served in - e.g. big events might need to serve in plastic containers Exclusion of public from premises, - may require tickets or guestlist The type of alcohol that can be sold May have to file financial returns to licencing body if large scale event
What is the potential penalty for allowing disorderly conduct
Up to $10,000 for licensee or manager
When can police close a premises
When they believe that a riot may occur or there is fighting or serious disorder, or where there is significant threat to public safety. A manager failing to comply with police order can be fined up to $10,000
What is the definition of intoxicated
When you are observably affected by alcohol and display 2 or more of the following signs affected appearance impaired speech impaired coordination impaired behaviour
What is an undesignated area
Where minors are allowed access on premises with no supervision