Alcohol Reform Bill

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Hon Simon Power

Alcohol Reform Bill

Government Bill

236—1

Contents

Explanatory note

1 Title

2 Commencement

Part 1
Preliminary matters

3 Purpose

4 Object

5 Interpretation

6 Determining whether principal business of shop sale of main order household foodstuff requirements

7 Considering effects of issue or renewal of licence on amenity and good order of locality

8 Act binds the Crown

Part 2
Ages

9 Age at which people may lawfully buy alcohol for consumption off licensed premises

10 Age at which people may lawfully buy alcohol for consumption on licensed premises

11 Certain terms relating to age defined

Part 3
Licensing

Subpart 1Licensing generally, requirements on licensees, and conditions

Exemptions

12 Certain sales by makers, importers, distributors, and wholesalers exempted

13 Exemption for certain alcohol not intended for drinking

14 Certain messes and canteens exempted

15 Authorised sales of alcohol at international airports exempted

16 Homestays exempted

Kinds of licence and their effect

17 Kinds of licence

18 On-licences generally

19 On-licences: BYO restaurants and caterers

20 Off-licences: sale and supply on licensed premises

21 Off-licences: sale for delivery and sales at a distance

22 Off-licences: direct delivery of alcohol, by arrangement with holder, by distributor, importer, manufacturer, or wholesaler

23 Off-licences: auctioneers

24 Club licences

25 Special licences

26 Limitation on effect of sections 18 to 25

27 No obligation to serve

28 Issue of second licence for premises already licensed

Who can hold licences

29 Licences not to be held without express authority of this Act

30 Licences not to be issued to persons not empowered to hold them

31 Who can hold on-licences, off licences, and special licences

32 Limitations on holding of on-licences and off licences by clubs

33 Who can hold club licences

34 Limitation on effect of sections 31 and 33

Restrictions on issue of off-licences

35 Kinds of premises for which off-licences may be issued

36 Exception for certain areas where some licensed premises not economic

37 Exception for certain complementary sales

38 No off-licences for petrol stations, dairies, conveyances, or certain shops within shops

Endorsed licences for BYO restaurants, auctioneers, and caterers

39 On-licences for BYO restaurants

40 On-licences for caterers

41 Off-licences for auctioneers

Restrictions on issue of special licences

42 No special licence where permanent licence or variation of permanent licence more appropriate

43 Restrictions on issue of special licences for consumption off-premises

Permitted trading hours

44 Default national maximum trading hours

45 Permitted trading hours for premises without relevant local alcohol policy

46 Permitted trading hours for premises with relevant local alcohol policy

Restrictions relating to trading hours

47 No sale or supply outside permitted trading hours: all licences

48 Sale and supply on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: on-licences

49 Sale and supply on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: off-licences

50 Remote sales exempted from trading hours restrictions

Requirements on holders of on-licences and club licences

51 Non-alcoholic drinks to be available

52 Low-alcohol drinks to be available

53 Food to be available

54 Help with and information about transport to be available

Requirements on holders of special licences

55 Requirements relating to special licences for consumption off-premises

Other restrictions and requirements

56 Water to be available free: all licences

57 Display of signs: on-licences, off-licences,

58 Display of licence: all licences

59 Restriction on kinds of alcohol sold in grocery stores and premises accessible from grocery stores

60 Requirements relating to remote sales by holders of off-licences

61 Sale and supply in clubs to members and guests only

62 Administrative requirements for club licences

63 No bring-your-own alcohol in clubs

Requirements imposed as discretionary conditions

64 Requirements and restrictions imposed as discretionary conditions

Miscellaneous licensing provisions

65 Secretary to set up and maintain register

66 Record of applications

67 Certified extracts to be evidence

68 Licensees and managers to have address for service

69 Notification of licensing authority by company of changes in company shareholding or name

70 Notification of licensing authority by beneficial owner of shares of changes in shareholding

71 Notification of Police

72 Duplicate licence or certificate

73 Surrender of licence or manager's certificate

74 Temporary licence during repairs, etc

Subpart 2Local alcohol policies

75 Territorial authorities may have local alcohol policies

76 Territorial authorities may adopt joint local alcohol policy

77 Contents of policies

78 Authorities must first produce draft policy

79 Information required by territorial authority before producing draft policy

80 Public notice to be given of draft policy

81 Right of appeal to licensing authority

82 Consideration of appeals by licensing authority

83 Actions territorial authority may take if asked to reconsider element of draft policy

84 Effect of High Court decisions on appeal by territorial authority

85 Effect of resubmission of draft to licensing authority

86 When local alcohol policy adopted

87 When local alcohol policy is in force

88 Relationship of local alcohol policies and district plans

89 Local alcohol policies to be consistent with general law

90 Amendment of local alcohol policies

91 Revocation of local alcohol policies

92 Local alcohol policies expire after 6 years

Subpart 3Licensing process: on-licences, off-licences, and club licences

93 Licences to which subpart applies

Applications for licences

94 Applications to be made to licensing committee

95 Form of application

96 Notification requirements

97 Objections to applications

98 Police, Medical Officer of Health, and inspector must inquire into applications

99 Who decides application for licence

100 Criteria for issue of licences

101 Authority or committee may refuse licence of own motion

102 Licence may be refused if contrary to local alcohol policy

103 Conditions may be imposed if required by local alcohol policy

104 Particular discretionary conditions: on-licences and club licences

105 One-way door restrictions

106 Particular discretionary conditions: off-licences

107 Other discretionary conditions

108 Different conditions may apply to different parts of premises

109 Restricted and supervised areas

Variation of conditions

110 Variation of conditions

Duration

111 Licence expires when new licence issued for same premises

112 Duration of licences after issue

113 Duration of licences after renewal

Renewals

114 Renewal of off-licences

115 Renewal of licence held by auctioneer or caterer

116 Application for renewal of licence

117 Objections to renewal

118 Police, Medical Officer of Health, and inspector must inquire into application

119 Who decides application for renewal

120 Criteria for renewal

Matters that relate to decisions to renew licences

121 Renewal of licences where relevant local alcohol policy exists

122 Licensing committee may decide certain application on papers

123 Decision on renewal

Temporary authorities

124 Temporary authorities: on-licences and off-licences

Subpart 4Licensing process: special licences

Applications for special licences

125 Filing of applications

126 Form of application

127 Notification requirements

128 Objections to applications

129 Police, inspector, and Medical Officer of Health must inquire into applications

130 Criteria for issue of special licences

131 Additional requirements for large-scale events

132 Licensing committee may refuse special licence of own motion

133 Special licence may be refused if contrary to local alcohol policy

134 Conditions may be imposed if required by local alcohol policy

135 Particular discretionary conditions: special licences

136 Different conditions may apply in certain cases

137 Duration of special licences

138 Display of special licences

Other matters

139 Medical Officer of Health may delegate functions

Subpart 5Appeals

Appeals to licensing authority

140 Who may appeal

141 Procedure for commencing appeal

142 Appeals

Appeals to High Court

143 Who may appeal to High Court

144 Procedure for commencing appeal

145 Appeals

Appeal against decision of licensing authority on question of law

146 Appeal against decision of licensing authority on question of law

147 Notice of appeal

148 Right to appear and be heard on appeals

149 Orders relating to determination of appeals

150 Dismissal of appeal

151 Appeal in respect of additional points of law

152 Extension of time

153 Date of hearing

154 Effect of appeal against decision by licensing authority to grant licence or manager's certificate

155 Effect of appeal against other decisions by licensing authority

156 No review until right of appeal exercised

Appeals to Court of Appeal

157 Further appeal to Court of Appeal

Subpart 6Licensing bodies, and fees

Alcohol Regulatory and Licensing Authority

158 Alcohol Regulatory and Licensing Authority

159 Functions of licensing authority

160 Powers of licensing authority

161 Licensing authority may give directions where licensing committee in doubt

162 Licensing authority may refer matters for investigation

163 Licensing authority may refer matters to licensing committees

164 Licensing authority may give statements to licensing committees

165 Meetings of licensing authority

166 Annual report

167 Membership of licensing authority

168 Chairperson and deputy chairperson

169 Term of office of members

170 Resignation or removal from office

171 Fees and allowances

172 Officers of licensing authority

173 Professional assistance

District licensing committees

174 Territorial authorities to appoint district licensing committees

175 Functions of licensing committees

176 Powers of licensing committees

177 Composition of licensing committees

178 Quorum

179 Territorial authority to establish and maintain list of licensing committee's members

180 Delegation by territorial authority of functions, etc, of member of licensing committee who is member of territorial authority

181 Resignation or removal

182 Fees and allowances for members

183 Secretary of licensing committees

184 Licensing inspectors

185 Delegation of functions, duties, or powers of chief executives

186 Annual report

General provisions relating to licensing authority and licensing committees

187 Licensing authority and licensing committees have powers of commissions of inquiry

188 Procedure

189 Proceedings of licensing authority and licensing committees

190 Right of certain persons to appear

191 Evidence in proceedings before licensing authority or licensing committee

192 Licensing authority or licensing committee may waive certain omissions

193 Licensing authority or licensing committee may state case for opinion of High Court

194 Decisions to be given in writing

Part 4
Management of licensed premises

195 Appointment of manager: on-licences and off-licences

196 Appointment of manager: club licences

197 Appointment of manager: special licences

198 Manager to be on duty at all times and responsible for compliance

199 Circumstances where section 198 does not apply

Manager's certificates

200 Managers to hold certificate

201 Manager's certificate

202 Manager must hold prescribed qualification

203 Applications for manager's certificates

204 Reports

205 Who decides application for manager's certificate

206 Criteria for manager's certificates

207 Duration of manager's certificates

208 Application for renewal of manager's certificates

209 Reports and applications for renewals

210 Who decides application for renewal of manager's certificates

211 Criteria for renewal

212 Decision on application for renewal

Miscellaneous provisions

213 Temporary manager

214 Acting manager

215 Notice of appointment, etc, of manager, temporary manager, or acting manager

Part 5
Enforcement

Subpart 1Offences, and closure of premises

Unlicensed persons and unlicensed premises

216 Sales by unlicensed persons

217 Allowing unlicensed premises to be used for sale of alcohol

218 Use of unlicensed premises as place of resort for consumption of alcohol

219 People found on unlicensed premises kept as place of resort for consumption of alcohol

Irresponsible promotion of alcohol

220 Irresponsible promotion of alcohol

Banned and restricted alcohol products

221 Offences relating to banned and restricted alcohol products

Offences relating to minors and people under buying age

222 Sale or supply of alcohol to people under buying age on or from licensed premises

223 Exemptions in respect of licensed premises

224 Supplying alcohol to minors

225 Employment of minors

226 Buying of alcohol by people under buying age

227 Minors in restricted areas or supervised areas

228 Permitting minors to be in restricted areas or supervised areas

229 Who is guardian

Other offences on licensed premises

230 Unauthorised sale or supply

231 Sale or supply of alcohol to intoxicated people

232 Allowing people to become intoxicated

233 Manager intoxicated on duty

234 Employee intoxicated on duty

235 Allowing intoxication on licensed premises

236 Allowing disorderly conduct on licensed premises

237 Sales of spirits otherwise than in vessel exceeding 500 ml

238 Being on licensed premises outside licensing hours

239 Allowing people on licensed premises outside licensing hours

240 Offences relating to evidence of age documents

241 Licensee's offences in respect of manager

Failure to comply with requirement or restriction

242 Failure to comply with certain requirements and restrictions imposed by this Act

Infringement offences

243 Infringement offences

244 Commission of infringement offences

245 Infringement notices

246 Payment of infringement fees

247 Regulations

Closure of premises

248 Closure of premises by order

249 Closure of licensed premises by Police

Powers of entry on licensed premises

250 Powers of entry on licensed premises

251 Power to seize samples of alcohol

252 Power of Police to demand information

Further powers of Police

253 Constable may apply for search warrant

254 Application for search warrant

255 Search warrant

256 Powers of entry and search under warrant

257 Powers of people requested to assist

Matters of evidence

258 Matters of proof relating to status of premises

259 Matters of proof relating to content of alcohol

260 Evidence of sale or consumption of alcohol

Miscellaneous provisions

261 Liability of licensees for offences by managers

262 Offences punishable on summary conviction

263 Forfeiture

264 Notice of prosecution or conviction of managers and licensees

Subpart 2Other enforcement provisions

General enforcement provisions

265 Building Act 2004

266 Variation, suspension, or cancellation of licences other than special licences

267 Suspension or cancellation of licences by licensing authority in respect of certain offences

268 Hearing for suspension or cancellation under section 267

269 Variation, suspension, or cancellation of special licences

270 Hearing for variation, suspension, or cancellation of special licences under section 269

271 Suspension or cancellation of manager's certificates

272 Suspension of licence for non-compliance with public health or fire precaution requirements

Cancellation of licences and manager's certificates for repeat offending or breaches

273 Holdings giving rise to cancellation of licence and manager's certificate

274 Cancellation of licence after 3 holdings within 3 years

275 Cancellation of manager's certificate after 3 holdings within 3 years

276 Procedure for applications for cancellation of licence

277 Restrictions on person whose licence has been cancelled

278 Restriction on person whose manger's certificate has been cancelled

279 Licensing authority may cancel manager's certificate after making finding

Agencies' duty to collaborate

280 Duty to collaborate

Licensing authority to keep and maintain list

281 List of licensees and managers who hold licences or manager's certificates

282 Removal of entry relating to holding

283 Purpose of list

284 List to be made available to constables and inspectors only

Part 6
Licensing trusts

Establishment of licensing trusts

285 Licensing trust established by Order in Council

286 When Minister must advise establishment of licensing trust

287 Licensing trust is body corporate

288 Existing licensing trusts continue in existence

289 Alteration of trust boundaries

290 Functions of licensing trust

291 Licensing trust liable for taxes

292 How licensing trust may spend profits

Elections

293 Election of members

294 Qualification to be elected or appointed member

295 First election of members

296 Second and later elections

297 Who is qualified to vote in election of members of licensing trust

298 Conduct of election

299 Electoral roll

300 Governor-General may appoint members to make up required number

301 Term of office

Members

302 Election of president of trust

303 Vacancy in office of president

304 Deputy president

305 Minister may appoint deputy of member

306 Remuneration

Disqualification and vacancies

307 Disqualification from election or appointment as member of licensing trust

308 Disqualification from continuing to be member of licensing trust

309 Offence of acting as member of licensing trust while disqualified

310 Vacation of office by members

311 Extraordinary vacancies

Removal from office

312 District Court may issue removal summons

313 District Court may remove member from office

Conduct of business

314 First meeting of trust

315 Procedure at meetings

316 Trusts may determine own procedure

317 Financial year

318 Records of financial transactions

319 Financial statements

320 Annual meeting of electors

321 Power to compromise with creditors

Variation of licensing trust

322 Variation of establishment of licensing trust

323 Creation, alteration, or abolition of wards takes effect at next triennial general election of members

324 Alteration of number of members for ward takes effect at next triennial general election of members

Amalgamation of licensing trusts

325 Amalgamation of licensing trusts

326 Notice of amalgamation proposal

327 Meeting to discuss amalgamation proposal

328 Poll on amalgamation proposal

329 Amalgamation by Order in Council

330 Effect of Order in Council

Voluntary administration and liquidation

331 Voluntary administration and liquidation under Companies Act 1993

332 Distribution of assets

Special provisions relating to existing district and suburban trusts

333 Application of sections 334 and 335

334 Poll may be held on competition proposal

335 Monopoly provisions continue to apply

Part 7
Community trusts

Conversion of licensing trust to community trust

336 Resolution to convert licensing trust to community trust

337 Public notice of resolution

338 Electors may request meeting

339 Meeting to discuss resolution

340 Poll on resolution

341 Electors may request poll on conversion at any time

342 Establishment of community trust

343 Order in Council vesting licensing trust's undertaking in community trust

Status, name, region, and functions of community trust

344 Community trust is body corporate

345 Existing community trust continues in existence

346 Name of community trust

347 Region of community trust

348 Alteration of community trust boundaries

349 Functions of community trust

350 How community trust may spend profits

Trust deed

351 Contents of trust deed

352 Variation of trust deed

353 Trust deed must be consistent with Act

Trustees

354 First trustees

355 Election of trustees

356 Who is qualified to vote in election of trustees of community trust

357 Conduct of election of trustees

358 Electoral roll for election of trustees

359 Governor-General may appoint trustees to make up required number

360 Trustees' term of office

361 Disqualification from election or appointment as trustee

362 Disqualification from continuing to hold office as trustee

363 Vacation of office by trustees

364 Extraordinary vacancies

365 Removal of trustee from office

Conduct of business

366 Financial year

367 Records of financial transactions

368 Financial statements

369 Annual meeting of electors

Amalgamation of community trusts

370 Amalgamation of community trusts

371 Notice of amalgamation proposal

372 Meeting to discuss amalgamation proposal

373 Poll on amalgamation proposal

374 Amalgamation by Order in Council

375 Effect of Order in Council

Voluntary administration and liquidation

376 Voluntary administration and liquidation under Companies Act 1993

377 Distribution of assets

Miscellaneous

378 Liability of community trust to taxes

379 Application of Trustee Act 1956

380 Application of Local Authorities (Members' Interests) Act 1968

381 Application of Local Government Official Information and Meetings Act 1987

Part 8
Other matters

Regulations

382 Regulations

383 Regulations banning or restricting certain alcohol products

384 Point-of-sale information regulations

385 Content of fees regulations

386 Consultation on proposed fees regulations

387 Fees to be reviewed every 5 years

Fee-setting by territorial authorities

388 Fee-setting by territorial authorities

Transitional matters

389 Certain applications to be dealt with under Sale of Liquor Act 1989

390 Certain otherwise ineligible applications may be granted for limited period

391 Existing licences continue in force

392 Transitional provision relating to BYO restaurants and managers

393 Transitional provision for club manager's certificates

394 Existing members of licensing authority continue in office

395 Interpretation of documents constituting certain existing bodies corporate

396 Permanent club charters unaffected

Amendment to Children, Young Persons, and Their Families Act 1989

397 Jurisdiction of Youth Court

Consequential amendments and repeals

398 Consequential amendments

399 Repeals

Part 9
Amendments to Local Government Act 2002

400 Principal Act amended

401 Commencement

402 New sections 147 to 147C substituted

403 Powers of arrest, search, and seizure in relation to bylaws prohibiting alcohol in public place

404 New heading and section 169A

Matters of proof in relation to bylaws prohibiting alcohol in public place

405 New section 239A inserted

406 New sections 243 and 244 substituted

407 Issue of infringement notices

408 New section 245A inserted

Transitional provisions

409 References in bylaws to liquor

410 Existing bylaws to expire

411 Processing of certain proposals for bylaws

Part 10
Amendment to Summary Offences Act 1981

412 Principal Act amended

413 Commencement

414 Interpretation

415 Drinking in public place

416 New sections 44A and 45 substituted

Schedule 1
Existing licensing and community trusts

Schedule 2
Consequential amendments to other enactments

Schedule 3
Consequential amendments to regulations


The Parliament of New Zealand enacts as follows: