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