LCQ Enforcement Powers and Infringement Notices

Question 1

Under the Sale and Supply of Alcohol Act 2012, which agencies have enforcement powers over licensed premises in NZ?

Accepted Answer

The New Zealand Police, Licensing Inspectors, and Medical Officers of Health all have enforcement roles under the Act

Answer

Only the New Zealand Police

Answer

ARLA has direct enforcement powers on licensed premises

Answer

Only the territorial authority (local council) can enforce the Act

Question 2

Under NZ law, what is an 'infringement notice' under the Sale and Supply of Alcohol Act 2012?

Accepted Answer

A fixed-penalty notice that can be issued by Police or Licensing Inspectors for specified minor offences without going to court

Answer

A formal written warning from the DLC about a potential licence breach

Answer

A notice from ARLA imposing a financial penalty after a hearing

Answer

A customer complaint form submitted to the DLC

Question 3

In NZ, what power does a Licensing Inspector have when visiting a licensed premises?

Accepted Answer

To enter and inspect the premises at any reasonable time, examine records, and require the production of the licence

Answer

To arrest the duty manager for any breach

Answer

To close the premises immediately for any breach observed

Answer

To issue on-the-spot cancellation of the licence

Question 4

Under NZ law, what is a 'controlled purchase operation' (CPO) and how is it conducted?

Accepted Answer

An operation where a person under 18 (or appearing under 25) attempts to purchase alcohol under supervision, to test compliance with age-checking requirements

Answer

A police sting where undercover officers pose as alcohol suppliers

Answer

A DLC inspection requiring the licensee to demonstrate compliance procedures

Answer

A Ministry of Health audit of alcohol consumption patterns in a district

Question 5

Under NZ law, what happens if a licensee fails to comply with a Licensing Inspector's direction during an inspection?

Accepted Answer

Failing to comply with a Licensing Inspector's lawful direction is an offence under the Act

Answer

The inspection is abandoned and rescheduled

Answer

The Inspector must seek a court order before proceeding

Answer

The Inspector may only report the non-compliance to the DLC — no immediate action is possible

Question 6

Under NZ law, what is the significance of a 'compliance history' for a licensed premises when its licence is up for renewal?

Accepted Answer

The DLC considers the full compliance history during the licence period — repeated breaches can lead to additional conditions, reduced hours, or refusal to renew

Answer

Only offences in the 6 months before renewal are relevant

Answer

The compliance history is only relevant if the Police make a formal report

Answer

Minor infringement notices are not part of the compliance history