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


North Island

  • Auckland Council - The Council has notified the Provisional LAP on Tuesday 19 May. The Policy document, overview, public notice of notification and details of the appeal process can be found here.

    For your information here is the 'Hospitality NZ commissioned research - Auckland draft LAP' report prepared by Insights Economics, raising serious questions about the Auckland draft LAP.
  • 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 hearings are now complete. Now waiting on Appeals before issuing a Provisional LAP.
  • Far North District Council - The Council's public consultation for submissions is now complete. Now waiting for Provisional LAP. For more information please click here.
  • Gisborne District Council - The Council has notified its Provisional LAP. For more information please click here.
  • 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 are complete and the Committee has made recommendations. The Council have decided to hold off until Appeals are heard. For more information please click here.

  • Hauraki District Council - The Council has notified its provisional LAP. 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.
  • Hutt City Council - The Council notified its Provisional LAP on 21 January 2014. The Wellington Branch is appealing on grounds of disparity of off licence hours closing at 9pm versus Supermarkets closing at 11pm. Appeals are scheduled for 27 - 31 July; and 3 - 7 August (if required) - had been dialogue regarding resolution. Proposal to have uniform hours for off licences agreed by all parties with exception of. For more information please click here.
  • 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. The Council has notified its Provisional LAP. The Bay of Plenty Branch appealing Whatakane Supermarket advantaged hours Christmas Eve and Thursday before Easter weekend.
  • Manawatu District Council - Still on hold, awaiting Appeals in Wellington City Council and Tasman District Council.
  • Masterton, Carterton and South Wairarapa District Councils - The Council has notified its Provisional LAP and appeals are open until 10 July. Please click here for more information.
  • Matamata-Piako District Council - The Council's provisional LAP was notified on 26 February 2014 and the 30 day appeals period has 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
  • New Plymouth and Stratford District Councils - A joint provisional LAP with Stratford District Council has been notified. Hospitality NZ have lodged an appeal. For more information please go to the Council's website here.

  • Otorohanga District Council - The Council's 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 has notified its Provisional LAP. Wellington Branch is not appealing but others are. For more information please click here.
  • Rangitikei District Council - No news of draft LAP as yet.
  • Rotorua District Council - Submissions closed and draft LAP consulted on. 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.

 

  • South Taranaki District Council - No LAP as yet waiting until first Appeals are heard. No longer joint with New Plymouth and Stratford Councils. For more information please click here.
  • South Waikato District Council - No news of a draft LAP as yet. 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.
  • Taupo District Council - Early consultation has begun to see whether an LAP is desirable and content. 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 Council is re-submitting proposed changes for off-licenses. If you made a submission on this section (4.1) of the draft LAP you have a right to appeal not later than 7 July 2015. For more information 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.
  • Waikato District Council - A draft LAP has been released. Some parties are appealing, HNZ interested party - consent order signed.
  • Waipa District Council - Listed for Hearing 15 Juen, HNZ not appealing but others are. Draft Consent Order in progress - not yet signed as at 3 June by all parties but progressing.
  • Wairoa District Council - The Council is waiting to see how other Appeals develop. Pre-draft LAP received and comments supplied. Please visit the Council's website here for more information.
  • Waitomo District Council - The Council notified its Provisional LAP in 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 - Discussions around settlement options - outstanding issue, difference off licence hours and Supermarkets/stand alone - agreement all parties except Foodstuffs - likely to proceed to appeal. 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.
  • Whangarei District Council - Council have released a draft LAP and submissions are now open until 10 July 2015. Online submissions can be made here.

South Island

  • Ashburton District Council - Appeal lodged against Provisional LAP. Grounds for appeal being lack of requirement for Duty Manager in BYO establishment and Compulsary one way door after 1pm. Intention to encourage negotiation with Council. Please click here for more information.

  • Buller District Council - The public submissions have now closed for the draft LAP. For more information please click here.

  • Central Otago District Council - The Council held submission hearings on Wednesday 9 April 2014. Now waiting on a Provisional LAP. 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 notified its Provisional LAP. The Canterbury Branch intends to Appeal. 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's submission hearings finished in December 2014. Council to debate in early 2015. 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.

  • Gore District Council (combined with Southland and Invercargill) - Currently under Appeal by Super Liquor and Ministry of Health. Please click here for more information.
  • Grey District Council - No news of draft LAP as yet. Please click here for more information.
  • Hurunui District Council - The Council's provisional LAP was notified on Saturday 1 March 2014. The Canterbury Branch appeal has been lodged. For more information please click here.
  • Invercargill City Council (combined with Southland and Gore) - Combined LAP currently under Appeal by Super Liquor and Ministry of Health. 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.
  • MacKenzie District Council - This is a joint LAP with the Timaru and Waimate District Councils. A Provisional LAP was notified on 21 January 2014. A consent memo agreed between parties (Hospitality NZ not appealing but interested party). For more information on the Provisional LAP please click here.
  • Marlborough District Council - The public submissions closed on 2 May and verbal submissions have been heard. Please click here for more information.
  • 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.
  • 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 consent memo signed between Hospitality NZ and the Council. Agreement by Council that 1am closure unreasonable in light of object of Act. Interested parties refuse to sign consent order - matter referred to back to Council to review in view of consent memo. For more information please click here.

  • Southland District Council (combined with Invercargill and Gore) - Combined LAP now in place. Please click here for more information.
  • Tasman District Council - The Hospitality NZ Branch appeal was heard but not upheld. 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 An appeal had been scheduled for May 2015. Consent order agreed and appeal withdrawn - consent memo agreed between parties. For more information on the Provisional LAP please click here.
  • 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 did not appeal. Consent order agreed between parties. For more information on the Provisional LAP please click here.
  • Waitaki District Council - Have not heard from the Council on their plans for a proposed draft LAP.
  • Westland District Council - Have asked for pre draft views. Held meeting with members on 22 September. Position paper going to the Council.



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.