Hon Lianne Dalziel
Government Bill
254—1
Explanatory note
1 Title
2 Commencement
3 Purpose
Part 1Amendments to Sale of Liquor Act 1989
4 Principal Act amended
5 Interpretation
Amendments relating to on-licences
6 Applications for on-licences
7 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
8 Criteria for on-licences
9 Conditions of on-licences
10 Variation of conditions
11 Renewal of on-licences
12 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
13 Criteria for renewal
Amendments relating to off-licences
14 Applications for off-licences
15 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
16 Criteria for off-licences
17 Types of premises in respect of which off-licences may be granted
18 Conditions of off-licences
19 Variation of conditions
20 Renewal of off-licences
21 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
22 Criteria for renewal
Amendments relating to club licences
23 Applications for club licences
24 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
25 Criteria for club licences
26 Conditions of club licences
27 Variation of conditions
28 Renewal of club licences
29 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
30 Criteria for renewal
Amendments relating to special licences
31 New section 78A inserted
78A District Licensing Agency to grant applications appearing to be consistent with local alcohol plan, other applications to be forwarded to Licensing Authority
32 Criteria for special licences
33 Conditions of special licences
34 Duration of special licences
35 Display of licence
36 Managers
Local alcohol plans
37 New Part 4A inserted
Part 4ALocal alcohol plans
84A Territorial authorities may adopt local alcohol plans
84B Contents of local alcohol plans
84C Terms used in sections 84A and 84B
Amendment relating to management of licensed premises
38 New sections 135A to 135C inserted
135A Mandatory cancellation of manager’s certificate after 3 incidents relating to minors within 2 years
135B Procedure for applications under section 135A
135C Restrictions on person whose manager’s certificate has been cancelled under section 135A
Advertising and promotions
39 New Part 6A inserted
Part 6AAdvertising and promotions
136A Principles
136B Recognition of liquor advertising advisory body
136C Director-General of Health may issue cease and desist order
136D Director-General of Health to act on advice of LAAB
136E LAAB may have regard to codes
136F LAAB may act on complaint or reference from Director-General of Health, or of its own motion
136G Offences in relation to cease and desist orders
Amendments relating to offences and enforcement
40 Sale or supply of liquor to minors
41 Purchasing liquor for minors
42 Permitting minors to be in restricted areas or supervised areas
43 New section 164A inserted
164A Minor may be referred to alcohol early intervention programme instead of paying infringement fee
44 New section 172 substituted
172 False evidence of age documents
45 Closure of licensed premises in case of riot
46 Closure of premises in case of fighting, etc
Amendment of regulation-making power
47 Regulations
Provisions enabling limited renewal of certain otherwise unrenewable licences
48 New heading and sections 255 to 258 inserted
Provisions consequential on enactment of Part 1 of Sale and Supply of Liquor and Liquor Enforcement Act 2008
255 Limited renewal of certain on-licences
256 Limited renewal of certain off-licences
257 Limited renewal of certain club licences
258 No compensation for limited renewal or non-renewal of licence, or imposition of conditions
Provisions consequential on enactment of this Act
Part 2Amendments to Summary Offences Act 1981
49 Principal Act amended
50 Interpretation
51 New section 37A inserted
37A Supply of liquor to young people by adults
52 Infringement offences
53 New sections 44A and 45 substituted
44A Seizure and forfeiture of burglary instruments
45 Seizure and forfeiture of liquor
Part 3Amendments to Land Transport Act 1998
54 Principal Act amended
55 Interpretation
56 Drivers not to exceed specified alcohol limits
57 Contravention of specified breath or blood-alcohol limit by person younger than 20
58 Defences
59 Presumptions relating to alcohol-testing
60 Circumstances in which certificate not admissible in proceedings
The Parliament of New Zealand enacts as follows: