Amendments to the 1989 Sale of Liquor Act

New laws surrounding the lowering of the drinking age
New laws relating to the increased availability of alcohol
Summary of other changes
Other minor changes

SUMMARY OF MAJOR CHANGES
These changes come into force on 1 December 1999

NEW LAWS SURROUNDING THE LOWERING OF THE DRINKING AGE

• The minimum drinking age has been lowered.

The minimum legal drinking age is now 18 years of age, with ONE exception.

A person UNDER 18 years of age may have access to any licensed premises (other than restricted areas) and be supplied liquor, PROVIDING they are accompanied by a parent or legal guardian and the liquor is supplied to them by their parent or legal guardian.

• An ‘Evidence of Age’ regime has been introduced.

A person who is charged with:

(a) selling or supplying liquor to a person under 18 years

(b) permitting a person under 18 years to be in restricted or supervised areas of a licensed premises

Will have a DEFENCE if, at the time of the offence, they sighted a recognised ‘Evidence of Age’ document.

The three recognised ‘Evidence of Age’ documents are:

1. Passport
   
2. Photo drivers’ licence
   
3. Hospitality Association of New Zealand 18+ card, which has been authorised by the Minister of Justice.

• Police are now able to impose an INSTANT FINE against prohibited minors who purchase liquor or who are found in restricted or supervised areas of licensed premises.

The fine is $200.

NEW LAWS RELATING TO THE INCREASED AVAILABILITY OF ALCOHOL

• All on-licence premises are permitted to sell liquor on SUNDAYS,

BUT, the sale of liquor from hotels and taverns is prohibited on the following days:

- Anzac Day (before 1pm)

- Christmas Day

- Easter Sunday

- Good Friday

This law does NOT apply to:

(a) a person living on the premises, whether a lodger or an employee

(b) or any person present for the purpose of dining

• All off–licence premises are permitted to sell liquor on SUNDAYS, but the sale of liquor from off–licences is prohibited on the following days:

- Anzac Day (before 1pm)

- Christmas Day

- Easter Sunday

- Good Friday

• Supermarkets and grocery stores are permitted to sell BEER as well as wine.

SUMMARY OF OTHER CHANGES
A number of other changes were also made to the licensing regime. These come into force on 1 April 2000

• The delegation of power to District Licensing Agencies:

(a) District Licensing Agencies (DLAs) have the power to deal with all unopposed applications.

(b) The Liquor Licensing Authority (LLA) retains the power to cancel or suspend

licences and Managers’ certificates.

• Club licences

Club licences have been retained.

However, some amendments to the Act have been made so club licences are aligned with the new amendments relating to on-licences and off-licences.

• Managers’ certificates

(a) All holders of General Managers’ certificates will be required to hold a prescribed qualification by 1 December 2002. The nature of that qualification will be prescribed in regulations.

(b) Holders of Club Manager’s certificates will NOT have to hold the prescribed qualification.

(c) A two working day limit has been introduced for licensees to give notice to the appropriate authorities (DLA, LLA and the Police) relating to the appointment or termination of appointment of any manager, including a temporary or acting manager.

• Host Responsibility

To further recognise ‘host responsibility’ strategy and policies, the Act will be amended to:

(a) Introduce TWO additional criteria for granting on-licences, club and special licences. These are the applicants’ proposals for:

(i) The provision of low-alcohol beverages; and

(ii) The provision of assistance or information about alternative forms of transport.

(b) Allow conditions to be imposed for on, club and special licences relating to the provision of low-alcohol beverages, assistance or information about alternative forms of transport, or any other matters aimed at promoting the responsible consumption of liquor.

• Offences

To further enhance the enforcement regime, all the monetary penalties for all offences under the Act have been DOUBLED.

In addition:

(a) The District Court has the ability to suspend a licence for up to 7 days when convicting a licensee for certain offences including selling or supplying liquor to a minor.

(b) The LLA has to consider the suspension or cancellation of the relevant licence whenever a District Court conviction (in relation to a licensed premises) is obtained for:

- selling or supplying liquor to a minor

- unauthorised sale or supply

- sale or supply of liquor to an intoxicated person, or allowing a person to become intoxicated

(c) Licensees commit an offence if they fail to:

- appoint a manager

- give notice of a manager’s/temporary manager’s appointment

- have a manager on duty

(d) Employees may now remain on licensed premises for up to 1 hour after closing time

(e) The Court’s power to order forfeiture of liquor in a defendant’s possession at the time certain offences are committed has been extended to all offences under the Act.

(f) An infringement notice regime has been introduced for an offence under the Summary Offences Act 1981. This allows an instant fine to be imposed on persons under 18 years found drinking liquor in a public place.

(g) It is now an offence, with a fine up to $5000 for any licensee or manager to promote any business conducted on the premises or any activity or event on the premises that is intended or likely to encourage persons to consume alcohol to an excessive extent.

• Special licences

- Now special licences can be applied for that allow "off-licence type sales", e.g. the sale of bottled wine at a food festival.

- Special licence provisions have been amended so they no longer have to be for a ‘particular occasion or event’ or ‘series of particular occasions or events’.

• Section 96 statement

An amendment has been made to section 96 which requires DLAs to observe the Liquor Licensing Authority’s statements.

• Home Stays have been added to the current list of persons exempt from the need to hold a licence under the Sale of Liquor Act 1989.

• Licence applications

(a) The LLA or DLA, on granting an on-licence in respect of a hotel or tavern, must designate each bar on the premises as a restricted area or a supervised area.

(b) A notice of :

- a licence application

- an application to vary a licence

- an application to renew a licence:

is to be attached in a conspicuous place on or adjacent to the site the application refers (unless the DLA considers that it is unreasonable or impractical to do so).

(c) Police and Medical Officer of Health reports are only required if they have any objection to an application.

If they any objection, they must file a report within 15 working days after receiving the application .

If no reports are filed within 20 working days a DLA is entitled to assume that the Police or Medical Officer have no objections.

(d) The LLA or DLA does not need to hold a public hearing on an objection considered vexatious or based on grounds outside the scope of the Act.

(e) The restriction that a person had to be over 18 years of age to object to the grant of a licence is now removed.

OTHER MINOR CHANGES

• The repayment of fees on the surrender of a licence includes any application fee paid for the licence.

• A temporary authority can be granted in respect of any business carried on in premises in respect of which an on - licence or an off - licence is in force.

• All converted licences will expire after 3 years commencing on the day after the date on which the licence was last renewed.

• Holders of on, off and club licences are no longer required to file annual returns with the LLA.

• The categories of persons who may hold on-licences and off-licences has been amended so:

- Any company that is not prevented by a restriction in its constitution from selling liquor or holding a liquor licence can do so

- Any body corporate that is authorised to sell liquor or hold a liquor licence can do so

- Any board, organisation, or other body that is authorised by another Act to sell liquor or hold an on-licence or an off-licence can do so

• The exemptions for canteens established with the authority of the New Zealand Fire Service Commission has been amended to make it clear that it includes volunteer fire fighters as well as members of the New Zealand Fire Service.

• All off-licences previously granted by the LLA allowing the sale or delivery of liquor during the period midnight Saturday to 3 a.m. Sunday have been validated.

• The registers required to be kept by the LLA and DLAs relating to licences and managers’ certificates have been included in the Second Schedule of the Privacy Act 1993. This means they are now subject to the Privacy Act public registers regime.