Mixed Deck — All LCQ Topics Flashcards

What must a duty manager in NZ do if they are going to be absent from the premises for more than a brief period?

Answer: Ensure another certified duty manager takes over responsibility

At all times when alcohol is sold or supplied, a certified duty manager must be present and responsible. If the duty manager needs to be absent for more than a brief period, another certified manager must take over.

Under NZ law, can a special licence authorise alcohol consumption by the general public at a private event?

Answer: Yes — special licences can permit sale and supply to the public depending on the conditions imposed by the DLC

Special licences can authorise the sale and supply of alcohol to the general public at events, subject to the conditions imposed by the DLC.

What is the NZ legal position on providing free water to patrons on on-licensed premises?

Answer: On-licensed premises must make potable water available free of charge at all times

The Act requires that potable (drinkable) water be made available free of charge at all times on on-licensed premises as a harm minimisation measure.

What enforcement action can be taken against a licensed premises that repeatedly breaches the Act in NZ?

Answer: The licence can be suspended for up to 7 days, have conditions varied, or be cancelled entirely

For repeated breaches, enforcement action can include suspension of the licence for up to 7 days, variation of licence conditions (adding restrictions), or complete cancellation of the licence by ARLA or the DLC.

Under NZ law, can an off-licensed premises sell alcohol in the same area where children's food or confectionery is sold?

Answer: The Act and DLC conditions may restrict alcohol display in areas frequented by children, and off-licences must not display alcohol alongside products that primarily appeal to children

Responsible retailing principles and some DLC conditions restrict the placement of alcohol away from products that primarily appeal to children, as part of minimising exposure of young people to alcohol products.

Under NZ law, what conditions typically attach specifically to off-licences that do not apply to on-licences?

Answer: Off-licences often have conditions restricting the types of alcohol that can be sold (e.g. restricting spirits or fortified wine in some locations) as well as merchandising conditions

Off-licence conditions often focus on stock (restricting high-strength products in vulnerable communities), product placement and display, and compliance with any Local Alcohol Policy restrictions. These differ from on-licence conditions, which focus more on intoxication management and patron conduct.

Under the Sale and Supply of Alcohol Act 2012, what is a special licence in NZ?

Answer: A licence issued for a specific event or series of events that allows the sale and supply of alcohol at a venue not normally licensed

A special licence authorises the sale and supply of alcohol at a specific event or series of events, at a venue or location that may not have a permanent licence.

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.

Under the Sale and Supply of Alcohol Act 2012, what must happen to a manager's certificate if the holder is convicted of a relevant offence?

Answer: The DLC or ARLA may review the certificate and cancel or suspend it based on the conviction

A conviction for a relevant offence (such as a violence, dishonesty, or alcohol offence) does not automatically cancel a certificate, but the DLC or ARLA may review and cancel or suspend it.

Under the Sale and Supply of Alcohol Act 2012, what is a 'suspension order' and who can issue one in NZ?

Answer: An order made by the DLC or ARLA suspending a licence or manager's certificate for a defined period, following an application and hearing process

A suspension order is a formal order from the DLC or ARLA that suspends a licence or manager's certificate for a specified period. It requires an application, evidence, and in most cases a hearing before it is made.

In NZ, what role does food service play in the responsible service of alcohol?

Answer: Food slows alcohol absorption and reduces intoxication — on-licensed premises must make food available, and staff should actively encourage food consumption

Food slows the absorption of alcohol in the stomach, helping to reduce the rate of intoxication. NZ on-licence conditions typically require food to be available during certain hours, and responsible service includes actively promoting food to patrons who are drinking.

Under NZ law, what responsibilities does a duty manager at a special licence event have regarding the consumption of alcohol outside the designated licensed area?

Answer: The duty manager must ensure alcohol is consumed only within the licensed area and prevent patrons from taking drinks outside it

The special licence specifies the area where alcohol may be sold and consumed. The duty manager must ensure patrons do not take drinks outside the licensed area, which could constitute an unlicensed supply.

Under NZ law, what is the effect of a 'suspension' of a manager's certificate?

Answer: The manager is temporarily prohibited from acting as a duty manager for the period of the suspension

A suspension of a manager's certificate means the holder is temporarily prohibited from acting as a duty manager for the duration of the suspension. They cannot resume until the suspension period ends.

Under NZ law, what is the maximum fee band for a special licence application in the risk-based fee system?

Answer: Special licences are placed in fee bands based on the scale and risk profile of the event

Like permanent licences, special licences are assessed under the risk-based fee system. A high-risk large public event attracts a higher application fee than a small low-risk community function.

An effective staff training programme for age verification at a licensed premises must include which key element?

Answer: Clear instructions on acceptable ID types and how to handle refusals professionally

Effective age verification training must include clear guidance on which forms of ID are acceptable and how staff should handle refusals to ensure consistent and lawful compliance.

In NZ, what is the duty manager's responsibility regarding 'drink spiking' on licensed premises?

Answer: The duty manager must train staff to recognise signs of drink spiking and respond appropriately including contacting Police

Duty managers have a responsibility to ensure staff are trained to recognise and respond to suspected drink spiking, including contacting Police and ensuring the affected patron's safety.

What conditions might a District Licensing Committee (DLC) place on a licence in NZ?

Answer: Trading hours, one-way door restrictions, noise limits, requirement for food service, and designation of areas

A DLC can impose a wide range of conditions including trading hours, one-way door restrictions, noise limits, designation of areas (supervised/restricted), food service requirements, security provisions, and any other conditions it considers appropriate.

Under NZ law, can a licensed premises advertise alcohol prices at the entrance to attract passing trade?

Answer: Only if the advertising does not amount to an irresponsible promotion — e.g. extreme discounts or 'drink all you can' promotions are prohibited

Price advertising at the entrance is permitted as long as it does not amount to an irresponsible promotion — for example, advertising drinks at extreme discounts or framing the advertising in a way that encourages rapid or excessive consumption.

What is the duty manager's obligation regarding promotions that encourage excessive drinking?

Answer: They must not allow promotions that encourage excessive or rapid consumption of alcohol

The Act prohibits promotions that encourage excessive or rapid consumption, such as all-you-can-drink deals, drinking competitions, or free drinks offers. The duty manager must ensure no such promotions occur during their shift.

In NZ, what is the legal obligation when a person who appears to be under 25 attempts to purchase alcohol?

Answer: Request proof of age if there is reasonable doubt they are 18 or over

Under the Act, if there is a reasonable doubt that a person purchasing alcohol is 18 or over, they must be asked for proof of age. The 'under 25' guideline is a best practice standard (Challenge 25) rather than a strict legal requirement.