Page 26 - Manage Licenced Premises Learner Workbook
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              DRINK SPIKING                                     LEGAL REQUIREMENTS, OFFENCES
              Drink spiking is when drugs or spirits are added to   AND PENALTIES
              someone’s drink without their knowledge.  Drink spiking is
              a crime.
                                                                PROHIBITED PEOPLE
              As the manager on duty you have to practice due diligence   The following are prohibited persons who are not allowed
              - don’t send them home - get an ambulance, call the   to be served alcohol on licensed premises:
              Police, isolate the drink, collect all vomit (it will be analysed   •   Minors – under 18 years of age
              for evidence).                                    •   Intoxicated people
                                                                •   People prohibited by the licence as unauthorized
              Don’t let anyone convince you that they can take care of
              this drugged person - what if they don’t (they may be the
              perpetrator) - what if something goes wrong & they have   LEGAL REQUIREMENTS RELATING TO MINORS
              an allergic reaction to the drug??                In New Zealand we have a minimum legal purchase age,
              Each establishment should have a policy on what to do;   not a minimum drinking age.  This means that under no
              keeping people safe is our job.                   circumstances can alcohol be sold to a person under 18
                                                                years of age.  In some circumstances a minor can consume
                                                                alcohol supplied by someone who is their parent or legal
                                                                guardian.

                                                                ‘Parent’ means natural, adoptive or foster parent.
                                                                ‘Guardian’ means a person who has all the duties, powers,
                                                                rights and responsibilities that a parent has in bringing up
                                                                their child, as detailed in the Care of Children Act 2004.
                                                                Establishing legal guardianship still requires a formal legal
                                                                process.  A guardian is not just anyone involved in the day-
                                                                to-day care of a child.  This is something to keep in mind
                                                                when interacting with younger-looking people on licensed
                                                                premises.

                                                                Under the Act, these are offences relating to minors:
                                                                •   Selling or providing alcohol to minors – penalty for
                                                                    Licensee or manager, $10,000 – the licence may also
                                                                    be suspended for up to seven days; penalty for bar
                                                                    staff, $2,000.
                                                                •   Allowing minors to be in restricted areas - penalty
                                                                    for Licensee or manager, $2,000
                                                                •   Allowing minors to be in supervised areas when
                                                                    they are not accompanied by a parent or legal
                                                                    guardian - penalty for Licensee or manager, $2,000
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