LCQ Duty Manager Responsibilities 1 — Questions and Answers
Question 1: Under the Sale and Supply of Alcohol Act 2012, what is the minimum age for a person to hold a manager's certificate in NZ?
- 16 years
- 18 years (Correct answer)
- 20 years
- 21 years
Correct answer: 18 years
A person must be at least 18 years old to apply for and hold a manager's certificate in New Zealand.
Section 219 of the Act requires that an applicant for a manager's certificate must be at least 18 years old. This aligns with the minimum purchasing age for alcohol. The Act also requires the applicant to be a fit and proper person, to hold a current LCQ or equivalent, and to have the required industry experience.
Question 2: What is required for a person to obtain a manager's certificate for the first time in NZ?
- Only a clear police record is required
- Completion of the LCQ or equivalent, industry experience, and a fit and proper person assessment (Correct answer)
- At least 5 years of bar work experience
- Approval from the current premises licensee only
Correct answer: Completion of the LCQ or equivalent, industry experience, and a fit and proper person assessment
To obtain a manager's certificate, an applicant must have completed the LCQ or equivalent qualification, have relevant industry experience, be a fit and proper person, and be at least 18 years old.
The manager's certificate application process requires: (1) passing the LCQ or holding an equivalent qualification, (2) having worked in the licensed hospitality industry, (3) being assessed as a fit and proper person (which includes a Police check), and (4) being 18 or over. The DLC must be satisfied on all these grounds before granting a certificate.
Question 3: Under NZ law, what is the duty manager's obligation when a patron presents a suspicious or potentially fake proof-of-age document?
- Accept it if the photo looks similar to the patron
- Refuse to accept it and decline to serve alcohol to that person (Correct answer)
- Call Police immediately in every case
- Take a photocopy of the document and serve the patron
Correct answer: Refuse to accept it and decline to serve alcohol to that person
If a duty manager or staff member is not satisfied that a proof-of-age document is genuine, they must refuse to accept it and decline to serve alcohol to the person.
A duty manager cannot take the risk of serving a minor based on a document they believe may be false. The legal standard is that the approved ID must be current and genuine. If there is any doubt — for example, the photo does not match, the document shows signs of alteration, or the person cannot state the details on the ID accurately — the duty manager must decline to serve. Serving a minor is an offence regardless of whether a fake ID was presented.
Question 4: In NZ, what must a duty manager do if a patron becomes violent or threatening on the licensed premises?
- Personally restrain the patron until Police arrive
- Remove alcohol service from the patron, attempt to de-escalate, remove the patron if safe to do so, and contact Police if necessary (Correct answer)
- Immediately close the premises and ask all patrons to leave
- Only contact Police — staff must not intervene in violent situations
Correct answer: Remove alcohol service from the patron, attempt to de-escalate, remove the patron if safe to do so, and contact Police if necessary
The duty manager must stop alcohol service to the person, attempt de-escalation, arrange for removal from the premises where safe, and contact Police if the situation warrants it.
The duty manager's primary responsibilities in a violent situation are patron and staff safety. This means ceasing alcohol service, attempting to calm the situation, having the person removed from the premises (which may involve licensed security staff), and calling Police if violence occurs or is threatened. Duty managers are not expected to physically restrain patrons, which could create liability and safety risks.
Question 5: Under the Sale and Supply of Alcohol Act 2012, what responsibility does the duty manager have regarding the storage of alcohol on the premises?
- The duty manager must personally lock all alcohol storage at closing time
- The duty manager must ensure alcohol is not accessible to patrons or staff outside licensed trading hours (Correct answer)
- Alcohol storage is the sole responsibility of the licensee, not the duty manager
- Alcohol must be stored in a locked room approved by the DLC
Correct answer: The duty manager must ensure alcohol is not accessible to patrons or staff outside licensed trading hours
The duty manager is responsible for ensuring that alcohol cannot be sold, supplied, or accessed outside of licensed trading hours. This includes ensuring storage is secured after trading hours.
While the Act does not specify the physical storage method, the duty manager's responsibility for the premises means they must take reasonable steps to ensure that alcohol is not accessible outside licensed hours. This typically means ensuring fridges and bars are secured when trading ceases. Allowing staff to consume alcohol from the premises after closing, or leaving stock accessible to unauthorised persons, could breach the Act.
Question 6: What is the NZ legal position on a duty manager consuming alcohol during their shift?
- A duty manager may drink in moderation during their shift
- It is an offence for a duty manager to consume alcohol while on duty (Correct answer)
- A duty manager may drink if the licensee gives permission
- Drinking on duty is only prohibited in venues with a closing time after midnight
Correct answer: It is an offence for a duty manager to consume alcohol while on duty
Under the Act, it is an offence for a duty manager to consume alcohol while they are on duty, regardless of the amount or the licensee's permission.
Section 216 of the Act creates a specific offence of consuming alcohol while on duty as a duty manager. The maximum fine is $4,000. The rationale is that a duty manager must be fully alert and capable of making sound judgements about patron intoxication, age verification, and safety — this is incompatible with consuming alcohol during the shift. The prohibition is absolute and cannot be overridden by the licensee.
LCQ Duty Manager Responsibilities 1
Under the Sale and Supply of Alcohol Act 2012, what is the minimum age for a person to hold a manager's certificate in NZ?