255 Being on licensed premises outside licensing hours

(1)

A person commits an offence who on any day is found in any part of any licensed premises, other than club premises, that is used principally or exclusively for the sale, supply, or consumption of alcohol, at any time that—

(a)

is not a time when a special licence applies to the premises; and

(b)

is not between 6 am and the time when the next period of permitted trading hours for the premises begins; and

(c)

is—

(i)

more than 30 minutes after the premises are required to close for the sale of alcohol; or

(ii)

a time when the premises are required to be closed for the sale of alcohol.

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.

(3)

Subsection (1) does not apply to—

(a)

the licensee:

(b)

the licensee’s spouse, civil union partner, or de facto partner:

(c)

a manager:

(d)

a manager’s spouse, civil union partner, or de facto partner:

(e)

a member of the immediate family of the licensee or a manager:

(f)

an employee of the licensee who does not live on the premises, during the hours he or she is employed to work on the premises, and for 60 minutes after those hours have ended:

(g)

a person who is the agent of the licensee, or acting under a contract with the licensee or a manager, and has the authority of the licensee or a manager to enter the premises—

(i)

to clean, repair, or restock the premises (or any equipment in them); or

(ii)

to check or remove cash:

(h)

a person who has the authority of the licensee or a manager to enter the premises to remove equipment (for example, band equipment):

(i)

an employee of the licensee who lives on the premises:

(j)

a person who lodges on the premises:

(k)

a genuine guest of a person described in paragraph (i) or (j) while that person is on the premises.

(4)

Subsection (1) does not apply in respect of a person who is found on any premises where an on-licence is in force if—

(a)

a special licence is also in force for those premises at the material time; and

(b)

that person’s presence on the premises at that time is justified in terms of the special licence.

Compare: 1989 No 63 s 170