Enforcement Powers and Infringement Notices Flashcards

Under NZ law, can an enforcement agency use CCTV footage from licensed premises as evidence in enforcement proceedings?

Answer: Yes — where CCTV is required by licence conditions or voluntarily installed, footage can be examined by Police or Licensing Inspectors in the course of an investigation

CCTV footage from licensed premises can be examined by Police and Licensing Inspectors as part of an investigation, particularly where CCTV installation is a condition of the licence.

Under NZ law, what is the 'defence of reasonable precautions' available to licensees and duty managers charged with offences under the Act?

Answer: The defendant can avoid conviction if they prove they took all reasonable precautions and exercised all due diligence to prevent the commission of the offence

The 'due diligence' or 'reasonable precautions' defence allows a defendant who took all reasonable steps to prevent an offence (proper training, supervision, systems) to avoid conviction even if a breach occurred.

In NZ, what is the significance of a Police report following an incident on licensed premises for the future of the licence?

Answer: A Police report documenting incidents, compliance breaches, or enforcement actions becomes part of the licensed premises' record and is considered by the DLC at renewal

Police reports documenting incidents and compliance issues are formally part of the licensing record. They are submitted to the DLC at renewal time and can significantly influence the DLC's decision.

Under NZ law, what is the purpose of the 'three strikes' or cumulative enforcement approach in alcohol licensing?

Answer: Repeated compliance failures create a cumulative adverse record that makes it increasingly difficult to renew or maintain a licence — there is no automatic 'three strikes' rule in the Act itself

There is no automatic 'three strikes' cancellation in the Act. However, repeated failures create a cumulative record that the DLC weighs heavily at renewal — making licence loss increasingly likely with each additional breach.

Under the Sale and Supply of Alcohol Act 2012, what is the maximum fine for a licensee (body corporate) convicted of allowing intoxication on their premises?

Answer: $10,000

A body corporate licensee convicted of permitting intoxication on licensed premises faces a maximum fine of $10,000 under the Act.

Under NZ law, can a person whose manager's certificate has been cancelled ever re-apply for a new certificate?

Answer: Yes — a person whose certificate has been cancelled may re-apply, but the DLC will consider the cancellation history as a significant factor in assessing fitness and propriety

Cancellation of a manager's certificate does not impose a lifetime ban. The person may re-apply, but the circumstances of the cancellation will be a major factor in any future assessment of fitness and propriety.