Sale and Supply of Alcohol Act 2012


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From the Alcohol Reform Bill to the new Sale and Supply of Alcohol Act, Hospitality New Zealand committed to its members and the wider industry its leadership role to advocate for a fair, reasonable and responsible approach to support the industry's vibrant and social being.

The Hospitality New Zealand team continues to consult with the local councils and authorities on what is fair and reasonable on proposed Local Alcohol Policies (LAPs) and this is happening right now before the new alcohol law is fully in effect from 18 December 2013.

For your information we have provided a summary of updates and resources to help you understand the new alcohol law and how it could impact your business.

Please contact your Regional Manager on 0800 500 503 for more information or professional advice.


Local Alcohol Policy (LAP) - Updates on public submissions and appeals

As information comes to hand, local council submission dates and information will be updated here.

Open for submissions and appeals

  • Waikato District Council - The Council draft LAP is now open for public consultation. The public submissions will close on 21 November 2014. Please click here for more information.

LAP updates

  • Auckland Council - The Council's public consultation for public submissions on their draft LAP is complete. The Council will be deliberating on the Provisional LAP in November 2014. For more information on the Council's draft LAP please click here.

    Here is the 'Hospitality NZ commissioned research - Auckland draft LAP' report prepared by Insights Economics, raising serious questions about the Auckland draft LAP.

  • Ashburton District Council - The public submission process is complete. The Council has officially put the Provisional LAP on hold until Tasman and Waimakariri Appeals heard. Please click here for more information.

  • Buller District Council - The public submissions have now closed for the draft LAP. The Council will advise date for submissions hearings as soon as practical. For more information please click here.
  • Carterton, Masterton and South Wairarapa District Councils presented their draft LAP together for public submissions. The Hospitality NZ Wellington Branch presented its submission before the close date of 10 October 2014. Please click here for more information.

  • Central Hawkes Bay District Council - The Council's submission and consultation process is finished. Now waiting on Appeals before issuing a Provisional LAP.

  • Central Otago District Council - The draft LAP was adopted in December 2013. The Council held submission hearings on Wednesday 9 April 2014. For more information please click here.
  • Chatham Islands Council - No news of draft LAP as yet. Please click here for more information.
  • Christchurch City Council - The Council have placed their draft LAP on hold, awaiting outcome of Appeals nationally. Please click here for more information.
  • Clutha District Council - Have not heard from the Council on their plans for a draft proposed LAP. Please click here for more information.

  • Dunedin City Council - The Council released its draft LAP on 3 September and public submissions closed on Friday 10 October 2014. For a summary of key points on the Council's LAP please click here.
  • Eastern Bay of Plenty (Kawerau, Opotiki and Whakatane) - The Provisional LAP has been notified. The Branch are appealing the Whakatane Supermarket advantaged hours Christmas Eve and Thursday before Easter. For more information please click here.
  • Far North District Council - The Council's public consultation for submissions is now closed. Now waiting for Provisional LAP. For more information please click here.
  • Gisborne District Council - The Council's Provisional LAP now notified. For more information please click here.
  • Grey District Council - No news of draft LAP as yet. Please click here for more information.
  • Gore District Council (combined with Southland and Invercargill) - Oral submissions heard. Please click here for more information.
  • Hamilton City Council - Written and verbal submissions complete. Council have signalled Provisional LAP on hold until Appeals heard. For more information please click here.
  • Hastings District Council - Hastings District Council and Napier City Council working on a joint policy with different hours. The public submissions have now closed. Public hearings held in February. The Committee has made recommendations but Council have decided to hold off until Appeals heard. For more information please click here.

  • Hauraki District Council - The Council's provisional LAP notified. The Auckland Branch is not appealing but others are. For more information please click here.
  • Horowhenua District Council - Have met with the Council but no news of a draft LAP as yet.
  • Hurunui District Council - The Council's provisional LAP was notified on Saturday 1 March 2014. The Auckland Branch appeal has been lodged. For more information please click here.
  • Hutt City Council - A provisional LAP was notified 21 January 2014. The Wellington Branch is appealing on grounds of disparity of off licence hours closing at 9pm versus Supermarkets closing at 11pm. For more information please click here.

  • Invercargill City Council (combined with Southland and Gore) -  Oral submissions heard. Please click here for more information.
  • Kaikoura District Council - Submissions on the draft LAP have been heard, awaiting Provisional LAP. Please click here for more information.
  • Kaipara District Council - No news of draft LAP as yet.
  • Kapiti Coast District Council - No news of draft LAP as yet.

  • Kawerau District Council - A joint LAP with Opotoki and Whakatane Councils. Provisional LAP notified. The Bay of Plenty Branch appealing Whatakane Supermarket advantage hours Christmas Eve and Thursday before Easter weekend.
  • MacKenzie District Council - This is a joint LAP with the Timaru and Waimate District Councils. A Provisional LAP was notified on 21 January 2014. The South Canterbury Branch is not appealing but others are. For more information on the Provisional LAP please click here.

  • Manawatu District Council - Still on hold, awaiting Appeals in Wellington City Council and Tasman District Council.

  • Matamata-Piako District Council - The Council's provisional LAP was notified on 26 February 2014 and the 30 day appeals period has now closed. The Waikato Branch will not be appealing. Please click here for more information.
  • Marlborough District Council - The public sumissions closed on 2 May and verbal submissions have been heard. Please click here for more information.

  • Masterton, Carterton and South Wairarapa District Councils - The Council's draft LAP for public submissions is now closed. Please click here for more information.
  • Napier City Council - Napier City Council and Hastings District Council working on a joint policy with different hours. The public submissions have now closed. The Committee has made recommendations but Council have decided to hold off until Appeals heard. For more information please click here
  • Nelson City Council - The Council will deliberate on the proposed draft LAP on Thursday 27 February 2014. It confirms that 631 submissions were received on the draft LAP, 576 of them were on the green submission template supplied to patrons by our members. The Council are likely to hold off on a Provisional LAP until Tasman Appeal is heard.

  • New Plymouth and Stratford District Councils - A joint LAP with Stratford District Council. Written submission complete, now waiting for date for verbal submissions. For more information please go to the Council's website here.
  • Otorohanga District Council - A provisional LAP was notified on 18 February 2014. The Waikato Branch not appealing. For more information please click here.
  • Palmerston North City Council - The Council is waiting on Appeals. A draft LAP is expected mid 2015. Public consultations ongoing. For more information please click here.

  • Porirua City Council - The Council's public consultation for submission is now is now closed. Awaiting Provisional LAP. For more information please click here.

  • Rangitikei District Council - No news of draft LAP as yet.
  • Rotorua District Council - Submissions closed on Friday 7 March 2014. No Provisional LAP as yet. Please click here for more information.

  • Ruapehu District Council - The Council's LAP has been adopted. No appeals were lodged, hours remain at pre LAP levels and no one way door policy in place. To view the Council's LAP please click here.
  • Queenstown Lakes District Council - have not confirmed a proposed draft LAP following its pre-draft LAP feedback in 2013. An Accord has been established which has been floated as an alternative to an LAP. For more information please click here contact the Queenstown Lakes District Council.
  • Selwyn District Council - A provisional LAP has been notified and the Hospitality NZ Branch appeal has been lodged. For more information please click here.
  • South Taranaki District Council - No update on draft LAP as yet. Waiting until later in the year after first Appeals are heard. No longer joint with New Plymouth and Stratford. For more information please click here.
  • South Waikato District Council - No news of a draft LAP as yet. Please click here for more information.

  • Southland District Council (combined with Invercargill and Gore) -  Oral submissions heard. Please click here for more information.
  • Tararua District Council - The Council is waiting to see what happens with Appeals and bedding in order of other LAPs. Please click here for more information.

  • Tasman District Council - A provisional LAP was notified in December 2013 and the Hospitality NZ Branch appeal has been heard, now waiting for a decision. For more information please click here.
  • Taupo District Council - The Council has had a couple of public hearings to allow interested parties to make comment. This includes commercial operators, industry groups, community groups and regulatory authorities. These are all preliminary discussions allowing the councilors to judge what the community may be looking for in their draft LAP. Please click here for more information.
  • Tauranga City Council and Western Bay of Plenty District Council - The Provisional LAP was publicly notified on 24 January 2014. On 23 September the Council announced that they are amending their Provisional LAP to remove the component that placed a cap on the number of off licenses. The Bay of Plenty Branch not appealing but others are. Please click here for more information.
  • Thames-Coromandel District Council - The provisional LAP was notified on 17 January 2014. The Thames Coromandel Branch not appealing. For more information please click here.
  • Timaru District Council - This is a joint LAP with the MacKenzie and Waimate District Councils. A Provisional LAP was notified on 21 January 2014. The South Canterbury Branch is not appealing but others are. For more information on the Provisional LAP please click here.
  • Upper Hutt Council - A joint public survey with the Hutt City Council was carried out in 2013. The Upper Hutt Council has decided to defer their draft LAP until later in the year and see what happens with Appeals. Please click here for more information.
  • Waimakariri District Council - A Provisional LAP was notified on 18 December 2013. The Hospitality NZ Branch appeal has been withdrawn. Please click here for more information.

  • Waimate District Council - This is a joint LAP with the MacKenzie and Timaru District Councils A Provisional LAP was notified on 21 January 2014. The South Canterbury Branch is not appealing but others are. For more information on the Provisional LAP please click here.
  • Waipa District Council - A provisional LAP was notified on 21 January 2014. The Waikato Branch is not appealing but others are. For more information on the provisional policy please click here
  • Wairoa District Council - The Council is waiting to see how other LAPs develop. Pre-draft LAP received and comments supplied. Please visit the Council's website here for more information.
  • Waitaki District Council - Have not heard from the Council on their plans for a proposed draft LAP.
  • Waitomo District Council - A Provisional LAP was notified early 2014. Please click here for more information. Hospitality NZ to appear as an interested party.
  • Wanganui District Council - After the Council rejected hearing a draft because of a lack of industry consultation, Hospitality NZ representative met with a consultation Committee and discussed the Hospitality NZ submission to the consultation document. No news of a draft LAP as yet. Please click here for more information.
  • Wellington City Council - A provisional LAP was notified on 21 January 2014. Eight parties including Police and Ministry of Health appealing. Hospitality NZ will appear as interested party. Please click here for more information.
  • Western Bay of Plenty District Council and Tauranga City Council - The Provisional LAP was publicly notified on 24 January 2014. The Bay of Plenty Branch not appealing but others are. Please click here for more information.
  • Westland District Council - Have asked for pre draft views. Held meeting with members on 22 September. Position paper going to the Council.
  • Whangarei District Council - Council still at early stages of consultation with stakeholder meeting and reference groups in October. For more information please click here.


District Licensing Committees

The role for the District Licensing Committee is to decide on applications for:
  • new and renewed licences and managers’ certificates, regardless of whether these are contested
  • temporary authorities and temporary licences
  • variation of licences, and
  • most enforcement action for special licences.
Contested applications are applications opposed by licensing inspectors, Police or Medical Officers of Health, or objected to by members of the public. Only people with a greater interest than the public generally can object to licence applications. For more information click here to visit the Ministry of Justice website.

Established District Licensing Committees

  • The Ashburton District Council - please click here for details
  • The Auckland City Council - please click here for details
  • The Buller District Council - please click here for details
  • The Carterton District Council - please click here for details
  • The Central Hawkes Bay District Council - please click here for details
  • The Central Otago District Council - please click here for details
  • The Christchurch City Council - please click here for details
  • The Gore District Council - please click here for details
  • The Grey District Council - please click here for details
  • The Hamilton City Council - please click here for details
  • The Hauraki District Council - please click here for details
  • The Horowhenua District Council - please click here for details
  • The Hurunui District Council - please click here for details
  • The Hutt City Council - please click here for details
  • The Invercargill City Council - please click here for details
  • The Kaipara District Council - please click here for details
  • The Kapiti Coast District Council - please click here for details
  • The Kawerau District Council - please click here for details
  • The Mackenzie District Council - please click here for details
  • The Manawatu District Council - please click here for details
  • The Marlborough District Council - please click here for details
  • The Masterton District Council - please click here for details
  • The Matamata Piako District Council - please click here for details
  • The New Plymouth District Council - please click here for details
  • The Napier City Council - please click here for details
  • The New Plymouth District Council - please click here for details
  • The Palmerston North City Council - please click here for more details
  • The Porirua City Council - please click here for details
  • The Queenstown-Lakes District Council - please click here for details
  • The Rotorua District Council - please click here for details
  • The Southland District Council - please click here for details
  • The South Taranaki District Council - please click here for details
  • The South Wairarapa District Council - please click here for details
  • The Stratford District Council - please click here for details
  • The Tararua District Council - please click here for details
  • The Tasman District Council - please click here for details
  • The Taupo District Council - please click here for details
  • The Thames-Coromandel District Council - please click here for details
  • The Timaru District Council - please click here for more details
  • The Waikato District Council - please click here for details
  • The Waimakariri District Council - please click here for details
  • The Waimate District Council - please click here for details
  • The Waipa District Council - please click here for details
  • The Waitaki District Council - please click here for details
  • The Western Bay of Plenty District Council - please click here for details
  • The Westland District Council - please click here for details
  • The Whangarei District Council - please click here for details
  • The Wellington City Council - please click here for details
  • The Whakatane District Council - please click here for details

Wellington Branch Press Release: Hospitality New Zealand urges a direct crack down on public drunkenness

7 August 2013 - For Immediate Release

Hospitality New Zealand says the Wellington City Council should amend its proposals to unduly restrict licenced premises and instead focus on increasing the personal responsibility of drinkers for their actions. “If the Council is really serious about creating a safer city, they should concentrate directly on the problem drinkers and anti-social behaviour. Making public drunkenness an offence again would give authorities the power to deal directly with the people making trouble. At the moment, the Council seems fixated using closing hours, a blunt instrument to address the issues, this will destroy our vibrant city hospitality scene through excessive regulation and restrictions on licenced premises,” said Jeremy Smith, Wellington Branch President of Hospitality New Zealand.

Mr Smith noted that “public drunkenness was a crime in New Zealand between 1927 and 1981 under section 41 of the Police Offences Act. Reintroducing something similar would allow Police or other officers to focus directly on the behaviours that make liquor a concern (crime, boorishness and other anti-social behaviour) and on the drinkers who exhibit those behaviours. It means the local entertainment scene could have a no-tolerance policy for alcohol-fuelled nuisance.”

“Unfortunately, the Council’s Draft Local Alcohol Plan is targeted almost exclusively at licensed premises which are already heavily regulated and responsible for their actions. The proposals to limit the number of licenced premises, reduce closing hours and impose more conditions on licences will be costly and difficult to administer. It will have a negative impact on the hospitality scene, be a cost to local businesses and, worst of all, will not reduce the problems,” said Mr Smith.

Mr Smith said “research shows 75% of drinking occurs outside licenced premises – in houses, cars or public places. Cracking down on licenced premises will have no impact on this. It is time to bring back personal responsibility instead of always blaming the industry. The Council’s own public opinion survey shows that 96% of Wellington residents believe that individuals bear a moderate or great deal of responsibility for addressing alcohol related harm. What can be clearer than making individuals responsible for their own behaviour while drinking?

This follows the model that worked to reduce drink driving offending – put consequences in place for antisocial behaviour. This could be a penalty in the way of a fine or a 24hr trespass notice from premises or the CBD.”

To assist the Council, Hospitality New Zealand has commissioned expert legal advice from public law firm Franks & Ogilvie. The Wellington City Council could request a Wellington MP to present a Local Bill to Parliament. This Bill could give the Council the option of making public drunkenness an offence in some of, or the entire, city. Local Bills take precedence over Member’s Bills and have been used successfully in relation to graffiti and gang patches,” said Mr Smith.

“Wellington has a chance to be a trail-blazer by introducing measures which focus on the issue instead of simply whacking licence holders and hospitality staff. The current draft Local Alcohol Plan will not deliver on the Council’s aspirations for a dynamic city centre. Targeting public drunkenness will. We urge the Council to seriously consider this option in the interests of the entire city,” concluded Mr Smith.

ENDS

Media Contact:
Jeremy Smith, Wellington Branch President
Hospitality New Zealand
Phone: 027 293 1346

More information:
Franks & Ogilvie Legal Opinion document on public drunkenness and personal responsibility
An alternative: Personal Responsibility Model Q&A



Social media engagement

No more beerseys for Queenstown

Now- Nights Out in Wellington

Help CCC See Sense with Local Alcohol Reform

Hospitality New Zealand Nelson Branch

Hospitality New Zealand



Sale and supply of alcohol seminar presentation

Our in-house lawyer Alyn Higgins recently delivered the latest information on the Sale and Supply of Alcohol changes around the country. Certainly a hot topic with over 1,300 people attending the 33 seminars. The two hour presentation explained the new alcohol law change and how it is likely to affect local businesses. The seminar was part of the Hospitality NZ seminar series and was free to members.


If you missed attending your local seminar and would like to discuss the impact of the new alcohol law to your business, please contact your Regional Manager on 0800 500 503.

New criteria for licence applications

District Licensing Agencies (DLAs) and the Alcohol Regulatory and Licensing Authority (ARLA) must have regard to these new criteria when making decisions for licence applications received after 18 June 2013. In addition to the existing criteria for licences the new criteria that will apply from 18 June 2013 are:
  • the object of the Act and whether granting the licence is likely to increase alcohol related harm,
  • the design and layout of the premises,
  • whether the amenity and good order of the locality would be likely to be reduced to more than a minor extent by the effects of the issue of the licence, and
  • whether the applicant has appropriate systems, staff, and training to comply with the law.
Applicants for licences and renewals will need to provide as much information on the licensing criteria as possible as part of their applications. DLAs must also have regard to the new provisions, even for unopposed applications. Licensing inspectors, Police and Medical Officers of Health will also need to have regard for the new criteria when reporting on applications. The new criteria also provide communities with new grounds to oppose licence applications. Under the Act, a person may object to the issue or renewal of a licence based on the licensing criteria, provided they can establish a greater interest in the application than the public generally.

ARLA will continue to consider all opposed applications until 18 December 2013. This will allow time for case law to develop, which will help District Licensing Committees apply the criteria once they take over responsibility for most decision making with regard to the issue and renewal of licences in December 2013.

For uncontested licence applications filed on or after 18 June 2013, DLAs will have to consider the likelihood that the licence would be issued or renewed under the new Act even if otherwise eligible under the old Act. If the application is unlikely to be eligible under the new Act, the DLA (or ARLA in the case of opposed applications) can grant or renew the licence but for a period ending no later than 18 December 2014. This is to allow time for affected businesses to change their business model to meet the requirements of the new Act.

Our new member resource is now available and featured on your member dashboard. Licensing Criteria for the Sale and Supply of Alcohol (please have your membership login details ready) also the staff training log and amenity and good order report.