Sale and Supply of Alcohol Act 2012


We're pleased to offer members significant savings with our exclusive deals!

Member Benefits Directory


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

  • Central Otago District Council - Submissions have now closed. For more information please click here.
  • Hauraki District Council - Council have released their provisional LAP on 17 January 2014. Anyone who made a submission on the draft LAP has 30 days from 17 January 2014 to make an appeal. For more information please click here.
  • Invercargill City Council (combined with Southland and Gore) - Council have adopted proposed LAP and will open for public consultation from Saturday 22 February to Monday 24 March 2014. Please click here for more information.
  • Rotorua District Council - Submissions to the Council's draft LAP is now open for public consultation. Submissions are open until Friday 7 March 2014. Please click here to make an online submission or download the feedback form.

  • Selwyn District Council - A provisional LAP has been notified. Appeals to the provisional LAP is open until 28 February 2014. For more information please click here.
  • Southland District Council (combined with Invercargill and Gore) - Council have adopted a proposed LAP and will open for public consultation from Saturday 22 February to Monday 24 March 2014. Please click here for more information. In the proposed LAP the Council have kept the off licence closing hour at 11pm.

LAP updates

  • Ashburton District Council - The public submission process is complete. Now waiting on a provisional LAP. For more information please click here.
  • Auckland Council - The Council have prepared and published a preferred position paper. The Auckland Branch presented to the Council on 4 January 2014. A draft LAP is expected around April 2014.
Council held two open meetings on Thursday 24 October to discuss the changes to the Alcohol law. For more details please click here.
  • Carterton, Masterton and South Wairarapa District Councils - these Councils will be working on a draft LAP together.
  • Central Hawkes Bay District Council - The Council's submission and consultation process is finished and a provisional LAP is expected soon.
  • Chatham Islands Council - No news of draft LAP as yet.
  • Christchurch City Council - There has been no further update here.
  • Clutha District Council - Have not heard from the Council on their plans for a draft proposed LAP.
  • Dunedin City Council - Council have signaled they will have a draft proposed LAP close to mid-2014.
  • Eastern Bay of Plenty (Kawerau, Opotiki and Whakatane) - Councils have deliberated and are preparing a provisional LAP that will be publicly notified on 24 February 2014. The Branch will appeal the Whakatane Supermarket advantagaed hours Christmas Eve and Thursday before Easter. For more information please click here

  • Far North District Council - No news of draft LAP as yet. For more information please click here
  • Grey District Council - No news of draft LAP as yet.
  • Gisborne District Council - The Council's draft LAP is expected around February 2014. For more information please click here
  • Hamilton City Council - The Council hearings for submission is scheduled for 13 and 14 March 2014. For more information please click here.
  • Hastings District Council - Napier City Council and Hastings District Council working on a joint policy. Public hearings on submissions will be held on 24 - 25 February. For more information please click here

  • Hauraki District Council - A provisional LAP was notified in January 2014. For more information please click here.
  • Horowhenua District Council - No news of a draft LAP as yet.
  • Hurunui District Council - The Council's provisional LAP will be notified on Saturday 1 March 2014 and anyone who submitted on the draft policy will have the opportunity to appeal to the Licensing Authority if they feel that any part of the provisional policy is unreasonable with the object of the Act.
    Appeals must be lodged within 30 days of the policy being notified. For more information please click here.
  • Hutt City Council - A provisional LAP was notified 21 January 2014. Appeals period closes 21 February 2014. The Wellington Branch is appealing on grounds of disparity of off licence closing at 9pm versus Supermarkets closing at 11pm. For more information please click here.
  • Kaikoura District Council - Council have deliberated and are preparing a provisional LAP that will be publicly notified in 2014.

  • Kaipara District Council - No news of draft LAP as yet.
  • Kapiti Coast District Council - Council have signaled they will not be engaged in the LAP process until 2014.
  • Marlborough District Council - Council meeting on Thursday 27 February 2014 and to discuss the draft Local Alcohol Policy. Once the Council has signed this off as a draft LAP a meeting for all Hospitality NZ members will be called to discuss the proposal. For more information please click here.
  • Matamata-Piako District Council - Now waiting for provisional LAP from Council For more information please click here.
  • MacKenzie District Council - A provisional LAP has been notified - see provisional LAP here. This is a joint LAP with Waimate. The Branch will not be appealing.
  • Napier City Council - Napier City Council and Hastings District Council working on a joint policy. Public hearings on submissions will be held on 24 - 25 February. 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. Please click here to view the Council meeting agenda to deliberate on the submissions to the draft LAP.

  • New Plymouth District Council - Public submissions closed on 20 December 2013. The Council is now reviewing gathered information to develop a draft LAP. Click here for more information.
  • Otorohanga District Council - A provisional LAP was notified on 18 February 2014. Appeals close on 28 March 2014. The provisional LAP includes a one way door but it is optional, i.e. it is a condition applied as and when required by DLC on application or renewal of licence. Hours of trade for off licence are the same as supermarkets and other retailers. On licence trading hours remain at maximum from 9am to 2am. For more information please click here.
  • Palmerston North City Council - The Council have started consultation and will product a draft LAP mid 2014. For more information please click here.
  • Porirua City Council - Council have sought feedback by way of an issues paper and are working on a draft LAP.
  • Rangitikei District Council - No news of draft LAP as yet.
  • Rotorua District Council - Council have indicated that they will start the LAP process in 2014.
  • Queenstown Lakes District Council - have not confirmed a proposed draft LAP following its pre-draft LAP feedback in 2013. For more information please click here contact the Queenstown Lakes District Council.
  • Ruapehu District Council - The Council's public hearings is now complete. Waiting for a provisional LAP. For more information please click here.
  • South Taranaki District Council - A survey was sent out in December 2013. For more information please click here.
  • South Waikato District Council - Council have indicated that they will start the LAP process in 2014.
  • South Wairarapa District Council - No news of draft LAP as yet.
  • Stratford District Council - A draft LAP will be released for public consultaion on 12 March with submissions to be made before 9 April 2014. For more information please click here.
  • Tasman District Council - A provisional LAP has been notified and the Branch has lodged an appeal. For more information please click here.
  • Taupo District Council - Council have indicated that they will start the LAP process in 2014.
  • Tauranga City Council and Western Bay of Plenty District Council - The Provisional LAP was publicly notified on 24 January 2014. Please click here for more information. Branch is not appealing.
  • Thames-Coromandel District Council - submissions now closed. The provisional LAP now notified, the Branch is not appealing. For more information please click here.
  • Timaru District Council - Council is now in its final stages of finalising its Local Alcohol Policy. Subject to appeals the LAP will be final 30 days after it is publicly notified. For more information please click here.
  • Upper Hutt Council - No news of draft LAP as yet.
  • Waikato District Council - Council have undertaken surveys. No further update at this point.
  • Waimakariri District Council - Council have developed a provisional LAP and an appeal has been lodged by the Branch.

  • Waimate District Council - A provisional LAP has been notified - see provisional LAP here. This is a joint LAP with the MacKenzie District Council. The Branch will not be appealing.
  • Waipa District Council - A provisional policy has been published on the Council's website. Appeals closed on 22 February 2014. For more information on the provisional policy please click here
  • Wairoa District Council - Council have not indicated any dates for a draft LAP. 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 - Council have deliberated but not yet released a provisional policy.
  • Wanganui District Council - No news of a draft LAP as yet.
  • Wellington City Council - A provisional LAP was notified on 21 January 2014. Open for appeals until 21 February 2014 and it is expected that Ministry of Health and the Police to appeal. The Wellington Branch will ask to appear.
  • Western Bay of Plenty District Council and Tauranga City Council - The Provisional LAP was publicly notified on 24 January 2014. Please click here for more information. Branch is not appealing.
  • Westland District Council - No news of a draft LAP as yet.
  • Whangarei District Council - Council still at early stages of consultation. For more information please click here.

Submissions now closed

  • Buller District Council - Submissions have now closed. For more information please click here.
  • Gore District Council (combined with Southland and Invercargill) - Submissions have now closed. Please click here for more information.
  • Tararua District Council - submissions are now closed. The results of the consultation process will be released on the Tararua District Council website - 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.

Announcement of District Licensing Committees

  • The Auckland City Council - please click here for details
  • The Rotorua District Council - please click here for details
  • The Taupo District Council - please click here for details
  • The Waikato District 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.