Ministry of Justice, New Zealand

3.1 Minors drinking or possessing alcohol for consumption in a public place
3.1.1 Police statistics
3.1.2 Summary
3.2 Minors in restricted or supervised areas of licensed premises
3.2.1 Police statistics
3.2.2 Summary
3.3 Purchasing of liquor from licensed premises by minors
3.3.1 Police statistics
3.3.2 Summary
3.4 Offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989
3.4.1 Police and court statistics
3.4.2 Summary
3.5 Summary of indicators of alcohol-related offending by minors

Before the Sale of Liquor Act 1989 was amended in December 1999 the term 'minor' would have included all people under 20 years old. Where this section analyses offending by minors, the term 'minor' is used to refer to those who were under 18 years old. However, when the offending by managers, licensees and employees related to minors was analysed, it was not possible to provide analysis for offences relating only to minors under 18 years old.

For the analysis of offending by minors, Police apprehensions, rather than prosecutions or convictions, are used as a measure of offending. Because of the provisions of the Children, Young Persons and Their Families Act 1989 most young offenders (those between 14 and 16 years old) are not prosecuted in formal court proceedings. For this reason, Police apprehensions give a more accurate indication of the amount of offending by 14–16 year olds.

3.1 Minors drinking or possessing alcohol for consumption in a public place

The offence of a minor drinking or possessing alcohol for consumption in a public place is defined in section 38 of the Summary Offences Act 1981. As well as lowering the definition of the minimum age from 20 to 18 years, the Sale of Liquor Amendment Act 1999 made this offence an infringement offence from 1 December 1999.[4]

3.1.1 Police statistics

Table 3.1 Number of apprehensions and infringement notices for minors under 18 years old drinking or possessing alcohol for consumption in public places, 1995–2004

Notes:
(1) * = 'not available'.
(2) - = 'not applicable'.
(3) Source: New Zealand Police.

Figure 3.1 Number of apprehensions and infringement notices for minors under 18 years old drinking or possessing alcohol for consumption in public places, 1995–2004

Between 1995 and 1999, apprehensions of minors (those under 18) for drinking or possessing alcohol for consumption in a public place increased from 943 to 1430. However, after the 1999 legislative changes, the number of such apprehensions decreased to 451 in 2000, and continued to decrease to 100 in 2004. Much of the decrease from 2000 is due to a change in Police practice to a preference for the issuing of an infringement notice rather than apprehending an offender.[5] In 2000, Police issued 2818 infringement notices for minors drinking or possessing alcohol for consumption in a public place. The number of infringement notices issued decreased to 2341 in 2001 and continued at the lower level in 2002, before increasing to 2876 in 2003, and 3121 in 2004.

The increase in the amount of this type of offending dealt with by the Police, especially in the first year after the legislation changed, was more than would have been expected based on the trend in apprehensions from 1994 to 1999. However, part of the increase may have occurred because it is easier to issue an infringement notice than apprehend an offender. Thus, some offenders who may not have been apprehended in the past had an infringement notice issued against them.

3.1.2 Summary

Up to 2004, Police dealt with more minors drinking or possessing alcohol in a public place in each year after the purchase age was lowered than in previous years. Part of the increase may have occurred because of changes in Police practice.

3.2 Minors in restricted or supervised areas of licensed premises

The offences of minors being found in a restricted or supervised area of licensed premises are defined in section 163 of the Sale of Liquor Act 1989. The Act defines a restricted area to mean any part of licensed premises to which persons who are under the age of 18 years shall not be admitted. Supervised areas are any part of licensed premises to which a person under the age of 18 years may not be admitted unless accompanied by the person's parent or guardian.

Prior to the 1999 changes to the Sale of Liquor Act 1989 that lowered the legal minimum purchase age from 20 years to 18 years (with one exception) there had been a number of exceptions to the legal minimum age of 20 years. The exemptions that applied to restricted and supervised areas were:

Restricted Areas: A person who was of 18 years or over and who was accompanied by an adult spouse, a parent, or a guardian could be present in a restricted area.

Supervised Areas: Any person could be present in a supervised area if under 20 and accompanied by an adult spouse, a parent, a guardian, or any other adult family member properly responsible for him or her. A person of 18 years or over could be present in the supervised area by himself or herself for the purpose of having a meal.

The exemption that now applies to supervised areas is:

Supervised Areas: A person under 18 may be present in a supervised area if accompanied by a parent or guardian.

The Sale of Liquor Amendment Act 1999 also made these offences infringement offences from 1 December 1999.

Police have a range of options for dealing with minors in restricted or supervised areas of licensed premises:

• Issue an infringement notice to the minor; and/or
• Apprehend the minor for prosecution or other action by the Youth Aid section; and/or
• Take action against the licensed premises.

3.2.1 Police statistics

Between 1995 and 1999 apprehensions of minors (those under 18 years old) in restricted or supervised areas on licensed premises decreased from 468 to 235. However, after the 1999 legislative changes, the number of such apprehensions decreased markedly to 51 in 2000, and continued to decrease slightly each year to 17 in 2004.

Police issued 263 infringement notices for minors in restricted or supervised areas of licensed premises in 2000, the first year after the law change. Since then the number has fluctuated at a lower level between 134 and 185, with no clear pattern.

Table 3.2 Number of apprehensions and infringement notices for minors under 18 years old in restricted or supervised areas of licensed premises, 1995–20044

Notes:

(1) * = 'not available'.
(2) - = 'not applicable'.
(3) Source: New Zealand Police.

Figure 3.2 Number of apprehensions and infringement notices for minors under 18 years old in restricted or supervised areas of licensed premises, 1995–2004

The total number of minors in restricted or supervised areas of licensed premises dealt with by the Police showed a decreasing trend each year between 1995 and 1999, but initially increased in 2000 (after the law change). In 2001, the number returned to the lower level at slightly less than the 1999 number, and then fluctuated at the lower level until 2004.

In 2001 (New Zealand Police, Office of the Commissioner 2001), Police suggested that the reduction in apprehensions for minors in restricted or supervised areas of licensed premises may be due to improved age identification, greater compliance from licensed premises, or Police preference for issuing an infringement notice to young people.

3.2.2 Summary

The number of minors in restricted or supervised areas of licensed premises who were dealt with by the Police has shown a decreasing trend with the figures between 2001 and 2004 being lower than those in all previous years. The numbers of such offenders who were dealt with by the Police each year between 2001 and 2004 were less than half the numbers each year between 1995 and 1996. The decrease may be related to changes in Police practice.

3.3 Purchasing of liquor from licensed premises by minors

The offence of minors purchasing liquor from licensed premises[6] is defined in section 162 of the Sale of Liquor Act 1989. Prior to the 1999 changes to the Act there had been a number of exceptions to the legal minimum purchase age of 20 years. The exemptions that applied to purchasing in areas other than restricted and supervised areas were:

Liquor could be purchased by a person of 18 years or over who was accompanied by an adult spouse, or a parent, or a guardian. Liquor could be purchased in other than a restricted area by a person who was 18 years or over, or is accompanied by an adult spouse, or a parent or guardian, for consumption as part of a meal.

There are now no exemptions for this offence.

The Sale of Liquor Amendment Act 1999 also made this offence an infringement offence. From 1 December 1999 a person may either be prosecuted through the court system, or an infringement notice may be issued.

3.3.1 Police statistics

Police apprehended between 76 and 99 minors (those under 18 years old) for purchasing liquor from licensed premises each year between 1995 and 1999. However, after the 1999 changes, the number of such apprehensions decreased markedly and then fluctuated between 10 and 33 each year between 2000 and 2004. Some of this decrease in 2000 will be because of a Police preference for the issuing of an infringement notice. In 2000, Police dealt with 41 offences for minors purchasing liquor, 46% less than the 76 apprehensions in 1999. The total number dealt with by the Police then continued to fluctuate at a lower level than the level before the law change with between 39 and 57 each year between 2000 and 2004.

Table 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, 1995–2004

Notes
(1) * = 'not available'.
(2) - = 'not applicable'.
(3) Source: New Zealand Police.

Figure 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, 1995–2004

In 2001, Police identified some difficulties associated with the enforcement of this section of the Act. Many of the problems centre on off-licensed premises where the purchase of alcohol by a minor may take only a matter of minutes, meaning that there is little recourse unless Police were present at the time the offence was committed. However, Police note that this situation is not new, and has not changed as the result of the 1999 Amendment Act.

3.3.2 Summary

In each of the five years between 2000 and 2004 Police dealt with fewer minors purchasing liquor from licensed premises than they apprehended in previous years (1995 to 1999). Police identified some difficulties associated with the enforcement of this section of the Act. However, they noted that the difficulties were not new, and had not changed as the result of the 1999 Amendment Act.

3.4 Offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989

Offences analysed in this section are those in Sections 155 and 164 of the Sale of Liquor Act 1989. These offences relate to selling or supplying liquor to minors, and permitting minors to be in restricted or supervised areas. The Sale of Liquor Amendment Act 1999 changed the definition of minor from those under 20 to those under 18 years old from 1 December 1999.

Police have a range of options for dealing with offences relating to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989:

• Prosecution in the District Court; and/or
• Make an application to the Liquor Licensing Authority to vary or revoke any condition of a licence; or to suspend or cancel the licence.

3.4.1 Police and court statistics

In this section, convictions are used as the main measure of offending, although apprehensions are also reported.[7]

Table 3.4 Convictions and apprehensions for offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989, 1995–2004

Notes:
(1) Source: Ministry of Justice.
(2) Source: New Zealand Police.

Figure 3.4 Convictions for offences related to minors committed by managers,
licensees or employees under the Sale of Liquor Act 1989, 1995–2004

The number of managers, licensees or employees convicted for offences related to minors under the Sale of Liquor Act 1989 tended to decrease from 31 in 1995 to 10 in 2001. However, the numbers have fluctuated at a higher level in the last three years (24 in 2004 – slightly less than the 1995 number).

Police apprehensions of managers, licensees or employees for offences under the Act relating to minors showed a similar trend to that for convictions between 1995 and 2002 (decreasing from 257 in 1995 to 86 in 2001, before increasing to 195 in 2002). However, in 2003 apprehensions decreased to 87, but increased again to 108 in 2004 – a different trend to the convictions.

Because Police have a range of options for dealing with this type of offending Police in different districts may use different practices to proceed against licensed premises. Therefore, convictions only provide a partial picture of the number of these offences detected by the Police.

3.4.2 Summary

The number of managers, licensees or employees convicted for offences related to minors under the Sale of Liquor Act 1989 tended to decrease from 31 in 1995 to 10 in 2001. The numbers have fluctuated at a higher level than previously in the last three years (24 in 2004 – slightly less than the 1995 number). However, convictions provide only a partial picture of this type of offending as Police in different districts may use different practices to proceed against licensed premises.

3.5 Summary of indicators of alcohol-related offending by minors

The four indicators of alcohol-related offending by minors discussed in this Chapter show different trends, with some indicating an increased problem with young people drinking and others indicating a decreased problem, after the law change.

Up to 2004, Police dealt with more minors drinking or possessing alcohol in a public place in each year after the purchase age was lowered than in previous years. Part of the increase may have occurred because of changes in Police practice.

The number of minors in restricted or supervised areas of licensed premises who were dealt with by the Police has shown a decreasing trend with the figures between 2001 and 2004 being lower than those in all previous years. The numbers of such offenders who were dealt with by the Police each year between 2001 and 2004 were less than half the numbers each year between 1995 and 1996. The decrease may be related to changes in Police practice.

In each of the five years between 2000 and 2004 Police dealt with fewer minors purchasing liquor from licensed premises than they apprehended in previous years (1995 to 1999). Police identified some difficulties associated with the enforcement of this section of the Act. However, they noted that the difficulties were not new, and had not changed as the result of the 1999 Amendment Act.

The number of managers, licensees or employees convicted for offences related to minors under the Sale of Liquor Act 1989 tended to decrease from 31 in 1995 to 10 in 2001. The numbers have fluctuated at a higher level than previously in the last three years (24 in 2004 – slightly less than the 1995 number). However, convictions provide only a partial picture of this type of offending as Police in different districts may use different practices to proceed against licensed premises.

Footnotes

4 For infringement offences analysed in the Chapter, the person may either be prosecuted through the court system, or an infringement notice may be issued.

5 Infringement notices are not included in Police apprehension statistics.

6 Licensed premises include all premises which are licensed to sell liquor. The Sale of Liquor Act 1989 lists four types of licences: on-licences, off-licences, club licences and special licences, which are described in detail in section 2.2.

7 Convictions are the best measure of offending, however, apprehensions were used to measure offending by minors. Because of the provisions of the Children, Young Persons and Their Families Act 1989, most young offenders, those between 14 and 16 years old, are not prosecuted in formal court proceedings. These provisions generally do not apply to managers, licensees or employees, so convictions may be used.