Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015

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Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015

Public Act		2015 No 69
Date of assent		31 August 2015
Commencement		see section 2

1	Title
2	Commencement
3	Principal Act
	Part 1 Substantive amendments
4	New sections 45A to 45G and cross-heading inserted
		Rugby World Cup 2015 extended trading hours
	45A	Purpose
	45B	Game, and other terms, defined
	45C	Eligible premises
	45D	Trading hours extended
	45E	Effect of extensions (on one-way door restrictions, etc)
	45F	Display of information about extensions
	45G	Special licences unaffected, and not limiting, but do not apply if notice given
5	New Schedule 4 inserted
6	Expiry and repeal of extended trading hours provisions
	Part 2 Consequential amendments
7	New section 5A inserted (Status of examples)
	5A	Status of examples
8	Section 44 amended (Permitted trading hours for premises without relevant local alcohol policy)
9	Section 45 amended (Permitted trading hours for premises with relevant local alcohol policy)
10	Section 50 amended (One-way door restrictions in local alcohol policies to be complied with)
	Schedule New Schedule 4 inserted
	Legislative history
	Administrative information

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Sale and Supply of Alcohol Act 2012 (the principal Act).

Part 1 Substantive amendments

4 New sections 45A to 45G and cross-heading inserted

After section 45, insert:

Rugby World Cup 2015 extended trading hours

45A Purpose

The purpose of sections 45B to 45G is to facilitate extended trading hours (and related adjustments to one-way door restrictions) for some premises—

(a)

for which an on-licence or a club licence is held; and

(b)

in which the licensee intends to televise, and televises, on a particular night, a notified game or games.

45B Game, and other terms, defined

(1)

In section 45A, this section, and sections 45C to 45G,—

game means a game of the Rugby World Cup 2015 tournament (the eighth quadrennial international rugby world championship, to be held in England and Wales, from 18 September 2015 (British Summer Time) to 31 October 2015 (Greenwich Mean Time), game details for which are set out, for public information and reference purposes only, in Schedule 4)

night, for licensed premises, means a period all or some of which is outside the permitted trading hours

televise, for a game, means to show customers the game via a live audiovisual communication—

(a)

in any form, on any basis (for example, subscription to a television channel or service, or on-demand), and using any medium or media (for example, satellite television broadcast, or Internet video streaming); and

(b)

to or for, or to or for a class of, the public.

(2)

Permitted trading hours, and other terms defined in section 5(1), have, in section 45A, this section, and sections 45C to 45G, the same meanings given to them by section 5(1).

45C Eligible premises

(1)

Sections 45D to 45F apply to any licensed premises for which an on-licence or a club licence—

(a)

is held, and not suspended or cancelled, immediately before a night—

(i)

on or after 19 September 2015 (New Zealand standard time); and

(ii)

before or on 1 November 2015 (New Zealand daylight time); and

(b)

has not been varied or suspended under section 280 within 12 months before the date on which the licensee gives notice under this section.

(2)

However, sections 45D to 45F apply to the premises only if the licensee has given the licensing committee concerned and the Police at least 7 days’ written notice—

(a)

that the licensee intends to televise in the premises on the night the game, all games, or any 1 or more stated games, on the night; and

(b)

of the details of the noise management plan that is, or the other arrangements for managing noise levels that are, appropriate to the locality, and that the licensee is to have in place during every proposed extension under section 45D to the permitted trading hours.

(3)

The details under subsection (2)(b) must state how the licensee will comply with the noise level management conditions in section 45E(1)(c).

(4)

The notification to the Police must be sent to the constable in charge of the police station nearest to the premises for which the licence is held.

(5)

Sections 45D to 45F cease to apply to the premises if—

(a)

an application for an order under section 280 suspending or cancelling the licence is made on the grounds, expressly stated in the application, that the premises have clearly been conducted in breach, without reasonable excuse, of any of sections 45D to 45F; and

(b)

a copy of the application is sent to, and received by, the licensee.

45D Trading hours extended

(1)

The licensee has the extension provided in this section to the permitted trading hours, but only if the primary or sole purpose of the premises being open on the night is to allow customers to watch the televised game or games notified by the licensee under section 45C.

(2)

The premises can open 1 hour before the start of each game to be televised.

(3)

However, if the first or only game to be televised is to start no more than 2 hours after the end of the last period of permitted trading hours for the premises, the premises can stay open after that period, and until that game starts.

(4)

The premises can be open during each game televised.

(5)

The premises are required to close for the sale of alcohol 30 minutes after the end of each game televised (unless that 30-minute period ends after the start of the 1-hour period under subsection (2) for the next game to be televised).

(6)

Sections 255 and 256 make it an offence for a person to whom section 255(1) applies to be found in (and for the licensee or a manager of the premises to allow the person to be on) any part of the premises, if they are on-licence premises 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.

Example 1—single game, not more than 2 hours after trading hours

The licensee notifies the Samoa v Japan game on 4 October at 2.30 NZDT.

The last period of permitted trading hours for the premises ends at 0.30 NZDT.

The premises can open 1 hour before the game (at 1.30 NZDT).

However, as the game is to start no more than 2 hours after 0.30 NZDT, the premises can stay open after 0.30 NZDT until the game starts at or about 2.30 NZDT.

The premises can be open during the game televised, which ends at 4.15 NZDT.

The premises are required to be closed for the sale of alcohol at 4.45 NZDT.

The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 5.15 NZDT and before 6.00 NZDT.

Example 2—successive games

The licensee notifies the first, second, and third of these 3 games on 12 October:

the Argentina v Namibia game to start at 0.00 NZDT:
the Italy v Romania game to start at 2.30 NZDT:
the France v Ireland game to start at 4.45 NZDT.

The last period of permitted trading hours for the premises ends at 0.30 NZDT.

The premises can be open from 0.30 NZDT (the end of the last period of permitted trading hours) to the end of the third game, because—

(a)

the gaps between the games are both less than 1 hour; and

(b)

the premises can open 1 hour before the start of each game to be televised.

The third game ends at 6.30 NZDT.

The premises are required to be closed for the sale of alcohol at 7.00 NZDT.

The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so customers can be found in, or allowed on, the premises, after 6.00 NZDT and until the next period of permitted trading hours for the premises begins.

Example 3—non-successive games

The licensee notifies the first and third, but not the second, of these 3 games on 12 October:

the Argentina v Namibia game to start at 0.00 NZDT:
the Italy v Romania game to start at 2.30 NZDT:
the France v Ireland game to start at 4.45 NZDT.

The last period of permitted trading hours for the premises ends at 0.30 NZDT.

The premises can be open from 0.30 NZDT (the end of the last period of permitted trading hours) to the end of the first game, at 1.45 NZDT.

The premises are required to be closed for the sale of alcohol at 2.15 NZDT.

The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customers can be found in, or allowed on, the premises after 2.45 NZDT.

The premises can open at 3.45 NZDT (1 hour before the start of the third game).

The third game ends at 6.30 NZDT.

The premises are required to be closed for the sale of alcohol at 7.00 NZDT.

45E Effect of extensions (on one-way door restrictions, etc)

(1)

While the premises are open under an extension under section 45D,—

(a)

the licensee has, for the purposes of section 247(1), the authority of this Act to do any of the following things:

(i)

sell or supply alcohol on the premises for consumption there; or

(ii)

let people consume alcohol on the premises; and

(b)

sections 46 to 63 and 259(1) require the licensee to comply with all applicable requirements and restrictions imposed by or under this Act, and with every (and, in particular, with the most restrictive relevant applicable) condition subject to which the licence has been issued or renewed, except so far as those requirements, restrictions, or conditions are overridden under subsection (4)(a); and

(c)

the licensee must comply with the following conditions:

(i)

outside areas cannot be used for any purpose (despite section 12 of the Smoke-free Environments Act 1990):

(ii)

outside audio equipment (for example, loudspeakers, amplifiers, or audio relay equipment) cannot be used:

(iii)

bottles, or other rubbish, cannot be disposed of, or left for collection.

(2)

An extension under section 45D—

(a)

must be treated as if it were part of the permitted trading hours (for example, under sections 46(1) and 259(1)(a)) on a day on which alcohol may be sold and supplied; and

(b)

is not (for example, under sections 255(1)(c)(i) and (ii) and 256), while it operates, a time when the premises are required to close, or to be closed, for the sale of alcohol.

(3)

Any one-way door restriction (whether imposed on the licence, or in a relevant local alcohol policy) applicable to the premises during the permitted trading hours does not operate—

(a)

within 1 hour before an extension starts under section 45D(3); or

(b)

during an extension under section 45D to the permitted trading hours; or

(c)

within 1 hour and 30 minutes after the premises are required under section 45D(5) to close for the sale of alcohol.

(4)

Section 45D and this section—

(a)

override any contrary provisions of this Act, of a relevant local alcohol policy, or of a condition of the licence; and

(b)

do not affect closure under section 265 or 266 of the premises, or the operation of subpart 9 of Part 2 (Other enforcement provisions) in respect of the premises.

(5)

A person’s use of land must be treated as not contravening section 9 of the Resource Management Act 1991 if—

(a)

it complies with section 45D and the rest of this section; and

(b)

it would comply with section 9 of the Resource Management Act 1991 if it occurred only during permitted trading hours.

45F Display of information about extensions

(1)

If sections 45D and 45E apply, under section 45C, to licensed premises, the licensee must display promptly a general statement about how sections 45D and 45E may be, and are to be, used in respect of the premises.

(2)

The statement must be displayed in the way section 57(1) or (2) requires display of a statement of all conditions subject to which the licence is issued.

45G Special licences unaffected, and not limiting, but do not apply if notice given

(1)

Sections 45A to 45F and this section do not limit or affect—

(a)

an application for a special licence issued in respect of an event related to a game or games; or

(b)

the operation of a special licence of that kind.

(2)

Section 45C(1) applies to premises even if a special licence is also held for the premises, and has been issued in respect of an event related to all or any games that the licensee intends to televise in those premises in reliance instead on sections 45D and 45E.

(3)

However, if the holder of the special licence gives notice under section 45C(2) that the licensee intends to televise 1 or more games in reliance on sections 45D and 45E,—

(a)

sections 45D to 45F apply to the premises; and

(b)

for the period of the extension provided by section 45D, the special licence does not apply to the premises.

5 New Schedule 4 inserted

After Schedule 3, insert the Schedule 4 set out in the Schedule of this Act.

6 Expiry and repeal of extended trading hours provisions

Sections 44(3), 45(3), 45A to 45G, and 50(3), the cross-heading above section 45A, and Schedule 4, expire, and are repealed, on 2 November 2016.

Part 2 Consequential amendments

7 New section 5A inserted (Status of examples)

After section 5, insert:

5A Status of examples

An example provided in this Act of the operation of a provision of an enactment—

(a)

does not limit the provision; and

(b)

may extend the operation of the provision.

8 Section 44 amended (Permitted trading hours for premises without relevant local alcohol policy)

After section 44(2), insert:

(3)

This section is overridden by sections 45A to 45G (Rugby World Cup 2015 extended trading hours).

9 Section 45 amended (Permitted trading hours for premises with relevant local alcohol policy)

After section 45(2), insert:

(3)

This section is overridden by sections 45A to 45G (Rugby World Cup 2015 extended trading hours).

10 Section 50 amended (One-way door restrictions in local alcohol policies to be complied with)

After section 50(2), insert:

(3)

This section is overridden by sections 45A to 45G (Rugby World Cup 2015 extended trading hours).

Schedule New Schedule 4 inserted

s 5

Schedule 4 Rugby World Cup 2015 extended trading hours: game details

s 45B(1)

Notes

NZST means New Zealand Standard Time, and NZDT means New Zealand Daylight Time.

BST means British Summer Time, and GMT means Greenwich Mean Time.

Pool games involving New Zealand, and playoff games, are in bold.

New Zealand time	UK time	Game (and venue)
Pool games
Sat 19 Sep, 7:00 NZST	Fri 18 Sep, 20:00 BST	England v Fiji (Twickenham)

Sat 19 Sep, 23:00 NZST	Sat 19 Sep, 12:00 BST	Tonga v Georgia (Gloucester)
Sun 20 Sep, 1:30 NZST	Sat 19 Sep, 14:30 BST	Ireland v Canada (Cardiff)
Sun 20 Sep, 3:45 NZST	Sat 19 Sep, 16:45 BST	South Africa v Japan (Brighton)
Sun 20 Sep, 7:00 NZST	Sat 19 Sep, 20:00 BST	France v Italy (Twickenham)

Sun 20 Sep, 23:00 NZST	Sun 20 Sep, 12:00 BST	Samoa v USA (Brighton)
Mon 21 Sep, 1:30 NZST	Sun 20 Sep, 14:30 BST	Wales v Uruguay (Cardiff)
Mon 21 Sep, 3:45 NZST	Sun 20 Sep, 16:45 BST	New Zealand v Argentina (Wembley)

Thu 24 Sep, 1:30 NZST	Wed 23 Sep, 14:30 BST	Scotland v Japan (Gloucester)
Thu 24 Sep, 3:45 NZST	Wed 23 Sep, 16:45 BST	Australia v Fiji (Cardiff)
Thu 24 Sep, 7:00 NZST	Wed 23 Sep, 20:00 BST	France v Romania (Olympic Stadium)

Fri 25 Sep, 7:00 NZST	Thu 24 Sep, 20:00 BST	New Zealand v Namibia (Olympic Stadium)

Sat 26 Sep, 3:45 NZST	Fri 25 Sep, 16:45 BST	Argentina v Georgia (Gloucester)

Sun 27 Sep, 1:30 NZST	Sat 26 Sep, 14:30 BST	Italy v Canada (Leeds)
(New Zealand transitions from NZST to NZDT on Sun 27 Sep at 2:00 NZST)
Sun 27 Sep, 4:45 NZDT	Sat 26 Sep, 16:45 BST	South Africa v Samoa (Birmingham)
Sun 27 Sep, 8:00 NZDT	Sat 26 Sep, 20:00 BST	England v Wales (Twickenham)

Mon 28 Sep, 0:00 NZDT	Sun 27 Sep, 12:00 BST	Australia v Uruguay (Villa Park)
Mon 28 Sep, 2:30 NZDT	Sun 27 Sep, 14:30 BST	Scotland v USA (Leeds)
Mon 28 Sep, 4:45 NZDT	Sun 27 Sep, 16:45 BST	Ireland v Romania (Wembley Stadium)

Wed 30 Sep, 4:45 NZDT	Tue 29 Sep, 16:45 BST	Tonga v Namibia (Exeter)

Fri 2 Oct, 4:45 NZDT	Thu 1 Oct, 16:45 BST	Wales v Fiji (Cardiff)
Fri 2 Oct, 8:00 NZDT	Thu 1 Oct, 20:00 BST	France v Canada (Milton Keynes)

Sat 3 Oct, 8:00 NZDT	Fri 2 Oct, 20:00 BST	New Zealand v Georgia (Cardiff)

Sun 4 Oct, 2:30 NZDT	Sat 3 Oct, 14:30 BST	Samoa v Japan (Milton Keynes)
Sun 4 Oct, 4:45 NZDT	Sat 3 Oct, 16:45 BST	South Africa v Scotland (Newcastle)
Sun 4 Oct, 8:00 NZDT	Sat 3 Oct, 20:00 BST	England v Australia (Twickenham)

Mon 5 Oct, 2:30 NZDT	Sun 4 Oct, 14:30 BST	Argentina v Tonga (Leicester)
Mon 5 Oct, 4:45 NZDT	Sun 4 Oct, 16:45 BST	Ireland v Italy (Olympic Stadium)

Wed 7 Oct, 4:45 NZDT	Tue 6 Oct, 16:45 BST	Canada v Romania (Leicester)
Wed 7 Oct, 8:00 NZDT	Tue 6 Oct, 20:00 BST	Fiji v Uruguay (Milton Keynes)

Thu 8 Oct, 4:45 NZDT	Wed 7 Oct, 16:45 BST	South Africa v USA (Olympic Stadium)
Thu 8 Oct, 8:00 NZDT	Wed 7 Oct, 20:00 BST	Namibia v Georgia (Exeter)

Sat 10 Oct, 8:00 NZDT	Fri 9 Oct, 20:00 BST	New Zealand v Tonga (Newcastle)

Sun 11 Oct, 2:30 NZDT	Sat 10 Oct, 14:30 BST	Samoa v Scotland (Newcastle)
Sun 11 Oct, 4:45 NZDT	Sat 10 Oct, 16:45 BST	Australia v Wales (Twickenham)
Sun 11 Oct, 8:00 NZDT	Sat 10 Oct, 20:00 BST	England v Uruguay (Manchester)

Mon 12 Oct, 0:00 NZDT	Sun 11 Oct, 12:00 BST	Argentina v Namibia (Leicester)
Mon 12 Oct, 2:30 NZDT	Sun 11 Oct, 14:30 BST	Italy v Romania (Exeter)
Mon 12 Oct, 4:45 NZDT	Sun 11 Oct, 16:45 BST	France v Ireland (Cardiff)
Mon 12 Oct, 8:00 NZDT	Sun 11 Oct, 20:00 BST	USA v Japan (Gloucester)

Quarter-finals
Sun 18 Oct, 4:00 NZDT	Sat 17 Oct, 16:00 BST	Winner B v Second A (Twickenham)
Sun 18 Oct, 8:00 NZDT	Sat 17 Oct, 20:00 BST	Winner C v Second D (Cardiff)

Mon 19 Oct, 1:00 NZDT	Sun 18 Oct, 13:00 BST	Winner D v Second C (Cardiff)
Mon 19 Oct, 4:00 NZDT	Sun 18 Oct, 16:00 BST	Winner A v Second B (Twickenham)

Semi-finals
Sun 25 Oct, 4:00 NZDT	Sat 24 Oct, 16:00 BST	Winner C/Second D v Winner B/Second A (Twickenham)
(The UK transitions from BST to GMT on Sun 25 Oct at 2:00 GMT)
Mon 26 Oct, 5:00 NZDT	Sun 25 Oct, 16:00 GMT	Winner D /Second C v Winner A/Second B (Twickenham)

Finals
Sat 31 Oct, 9:00 NZDT	Fri 30 Oct, 20:00 GMT	Bronze medal match (Olympic Stadium)

Sun 1 Nov, 5:00 NZDT	Sat 31 Oct, 16:00 GMT	Final (Twickenham)

Legislative history

12 August 2015		Introduction (Bill 55–1), first reading and referral to Justice and Electoral Committee
26 August 2015		Reported from Justice and Electoral Committee (Bill 55–2), second reading, third reading
31 August 2015		Royal assent

This Act is administered by the Ministry of Justice.

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Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015

Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015

Contents

1 Title

2 Commencement

3 Principal Act

Part 1 Substantive amendments

4 New sections 45A to 45G and cross-heading inserted

Rugby World Cup 2015 extended trading hours

45A Purpose

(a)

(b)

45B Game, and other terms, defined

(a)

(b)

45C Eligible premises

(a)

(i)

(ii)

(b)

(a)

(b)

(a)

(b)

45D Trading hours extended

(a)

(b)

(c)

(i)

(ii)

Example 1—single game, not more than 2 hours after trading hours

Example 2—successive games

(a)

(b)

Example 3—non-successive games

45E Effect of extensions (on one-way door restrictions, etc)

(a)

(i)

(ii)

(b)

(c)

(i)

(ii)

(iii)

(a)

(b)

(a)

(b)

(c)

(a)

(b)

(a)

(b)

45F Display of information about extensions

45G Special licences unaffected, and not limiting, but do not apply if notice given

(a)

(b)

(a)

(b)

5 New Schedule 4 inserted

6 Expiry and repeal of extended trading hours provisions

Part 2 Consequential amendments

7 New section 5A inserted (Status of examples)

5A Status of examples

(a)

(b)

8 Section 44 amended (Permitted trading hours for premises without relevant local alcohol policy)

9 Section 45 amended (Permitted trading hours for premises with relevant local alcohol policy)

10 Section 50 amended (One-way door restrictions in local alcohol policies to be complied with)

Schedule New Schedule 4 inserted

Schedule 4 Rugby World Cup 2015 extended trading hours: game details

Legislative history