Enforcement Powers and Infringement Notices Flashcards
6 cards from real LCQ practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Enforcement Powers and Infringement Notices flashcards as text
Under the Sale and Supply of Alcohol Act 2012, which agencies have enforcement powers over licensed premises in NZ?
Answer: The New Zealand Police, Licensing Inspectors, and Medical Officers of Health all have enforcement roles under the Act
Enforcement powers under the Act are shared between the Police (with powers of entry, arrest, and prosecution), Licensing Inspectors (inspection, reporting, application for licence action), and Medical Officers of Health (reporting on public health impacts).
Under NZ law, what is an 'infringement notice' under the Sale and Supply of Alcohol Act 2012?
Answer: A fixed-penalty notice that can be issued by Police or Licensing Inspectors for specified minor offences without going to court
An infringement notice is a fixed-penalty enforcement tool allowing Police or Licensing Inspectors to penalise specified minor offences on the spot without the need for a court hearing.
In NZ, what power does a Licensing Inspector have when visiting a licensed premises?
Answer: To enter and inspect the premises at any reasonable time, examine records, and require the production of the licence
Licensing Inspectors have the power to enter licensed premises at any reasonable time, inspect the premises, examine any relevant records, and require the licence to be produced.
Under NZ law, what is a 'controlled purchase operation' (CPO) and how is it conducted?
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
A CPO is a compliance test where a young person (under 18 or appearing young) supervised by Police or Licensing Inspectors attempts to purchase alcohol, to check whether the premises is correctly checking ID and refusing sales to minors.
Under NZ law, what happens if a licensee fails to comply with a Licensing Inspector's direction during an inspection?
Answer: Failing to comply with a Licensing Inspector's lawful direction is an offence under the Act
Obstructing or failing to comply with the lawful directions of a Licensing Inspector in the exercise of their powers is an offence under the Act.
Under NZ law, what is the significance of a 'compliance history' for a licensed premises when its licence is up for renewal?
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
The DLC considers the full compliance history over the licence period. Repeated or serious breaches can result in the DLC imposing additional conditions, restricting hours, or declining to renew the licence.