LCQ Responsible Service Practices 2 — Questions and Answers
Question 1: What is the NZ legal position on serving alcohol to a person you believe is buying it for a minor?
- You should refuse the sale if you reasonably believe the alcohol will be supplied to a minor — this is part of preventing secondary supply (Correct answer)
- You can serve them as it is their responsibility what they do with it
- Only refuse if you can prove they are buying for a minor
- This situation is not addressed by NZ law
Correct answer: You should refuse the sale if you reasonably believe the alcohol will be supplied to a minor — this is part of preventing secondary supply
If a duty manager or staff member reasonably believes a person is purchasing alcohol to supply to a minor, they should refuse the sale. This supports the Act's provisions against secondary supply to minors.
Question 2: Under NZ law, what is the maximum penalty for personally consuming alcohol while on duty as a duty manager?
- While not specifically prohibited, consuming alcohol while on duty impairs judgement and could lead to negligence charges if it results in a failure to fulfil duty manager responsibilities (Correct answer)
- Duty managers may drink freely while on duty
- Consuming one drink per hour is legally permitted
- Only drinking spirits is prohibited — beer and wine are acceptable
Correct answer: While not specifically prohibited, consuming alcohol while on duty impairs judgement and could lead to negligence charges if it results in a failure to fulfil duty manager responsibilities
While the Act does not explicitly prohibit duty managers from consuming alcohol, doing so impairs the judgement needed to fulfil their legal responsibilities. If alcohol consumption leads to failures in duty (serving intoxicated persons, failing to check IDs), the duty manager faces prosecution.
Question 3: What is the NZ approach to managing patron behaviour related to illegal drug use on licensed premises?
- Duty managers should refuse entry or remove persons suspected of drug use, report suspected drug dealing to police, and not serve alcohol to persons who appear drug-affected (Correct answer)
- Drug use is not the duty manager's concern unless it involves alcohol
- Only call police if drugs are found on the premises
- Allow drug-affected persons to remain as long as they do not cause trouble
Correct answer: Duty managers should refuse entry or remove persons suspected of drug use, report suspected drug dealing to police, and not serve alcohol to persons who appear drug-affected
NZ duty managers should: refuse entry to persons who appear drug-affected, remove persons using drugs on the premises, not serve alcohol to drug-affected persons (as combining alcohol and drugs increases risk), report suspected drug dealing to police, and maintain the safety of the premises.
Question 4: What responsibility does a NZ duty manager have for managing the external areas of licensed premises?
- The duty manager is responsible for managing noise, patron behaviour, and safety in outdoor areas, courtyards, and footpath areas covered by the licence (Correct answer)
- External areas are outside the licence and not the duty manager's responsibility
- Only indoor areas are covered by the licence
- External areas are managed by the local council, not the venue
Correct answer: The duty manager is responsible for managing noise, patron behaviour, and safety in outdoor areas, courtyards, and footpath areas covered by the licence
The duty manager's responsibilities extend to all areas covered by the licence, including outdoor areas, courtyards, smoking areas, and footpath dining areas. They must manage patron behaviour, noise levels, and safety in these areas just as they would inside.
Question 5: In NZ, what is the duty manager's role when a patron becomes unwell (not from intoxication) on the premises?
- Provide appropriate assistance, call for medical help if needed (111), and ensure the patron is safe — the duty of care extends to all aspects of patron wellbeing (Correct answer)
- Only assist if the illness is alcohol-related
- Tell the patron to leave and seek medical help elsewhere
- The duty manager has no responsibility for patron health
Correct answer: Provide appropriate assistance, call for medical help if needed (111), and ensure the patron is safe — the duty of care extends to all aspects of patron wellbeing
The duty manager's duty of care extends to all aspects of patron wellbeing on the premises. If a patron becomes unwell, the duty manager should provide appropriate assistance, call for medical help if needed, ensure the patron is in a safe position, and monitor their condition.
Question 6: What is the NZ standard for closing procedures that a duty manager should follow?
- Stop serving at closing time, give patrons a reasonable time to finish drinks and leave, ensure the premises is empty, secure the premises, and complete the closing checklist (Correct answer)
- Lock the doors at closing time with patrons still inside
- Continue serving as long as patrons are willing to pay
- Closing procedures are only needed for nightclubs, not bars or restaurants
Correct answer: Stop serving at closing time, give patrons a reasonable time to finish drinks and leave, ensure the premises is empty, secure the premises, and complete the closing checklist
NZ closing procedures include: ceasing service at the time specified on the licence, giving patrons a reasonable period to finish drinks and leave (typically 15-30 minutes), clearing the premises, ensuring patron safety as they leave, securing the premises, and completing any required documentation.
LCQ Responsible Service Practices 2
What is the NZ legal position on serving alcohol to a person you believe is buying it for a minor?