Clauses 5 and 6 would repeal sections 47 and 48 of the Sale and Supply of Alcohol Act. Their effect would be to allow premises that are open on restricted trading days to sell and supply alcohol. Clauses 5 and 6 apply respectively to on-licensed and off-licensed premises.

Submitters who were opposed to clause 6 expressed concern that the amendments proposed by the bill would result in significant alcohol-related harm. Their concerns related to alcohol-related harm generally and the substantial effects that even small changes to alcohol availability could have. Some submitters considered that allowing on-licence trading was appropriate but off-licence trading was not because alcohol consumption could not be supervised.

We received advice that the repeal of section 48 was not expected to significantly increase alcohol-related harm. However, we recognise submitters’ concerns about the potential increase to alcohol-related harm. We therefore consider that the existing off-licence restrictions should be retained. We recommend that section 48 not be repealed. This would mean that off-licences are not affected by the changes, subject to the recommended further amendment to section 48 discussed below.

We also recommend deleting clause 7, which would have amended section 49. At present, off-licences can sell alcohol remotely on restricted trading days but cannot deliver it until the following day. Clause 7 would have enabled off-licences that were allowed to open on restricted trading days to deliver alcohol purchased through remote sales.

Section 48 of the Act provides an exemption for cellar door sales by producers and growers of grape wine and fruit or vegetable wine on Easter Sunday. It enables alcohol to be sold and delivered if it is wine made on the premises or from produce harvested from the land the premises are on. We consider that this exemption should be extended to the other restricted trading days. We recommend amending section 48 to this effect.

We understand that the majority of RSAs have club licences. Section 47A of the Sale and Supply of Alcohol Act enables those RSAs to open between 4 am and 1 pm on Anzac Day. This is despite any local alcohol policy or individual licence conditions that would otherwise prevent them from doing so. However, section 60 means that club-licensed premises must generally have a special licence to sell and supply alcohol to non-authorised customers. This is consistent with any other day. Section 29 of the Sale and Supply of Alcohol Act prevents clubs (which includes RSAs) from holding on-licences.

The member in charge of the bill has indicated that he would like the bill to allow RSAs to serve to the general public from 4 am to 1 pm on Anzac Day. This would enable them to invite members of the public to join veterans for a drink. We support this approach and recommend inserting clause 5A to provide for this.

Section 214 of the Act requires a manager to be on duty at all times when alcohol is being sold or supplied to the public on any licensed premises. The manager is responsible for complying with and enforcing provisions of the Act and any licence conditions. Section 215 sets out some exceptions to the requirement, including premises for which a club licence is held. We note that enabling club-licensed premises to serve members of the public between 4 am and 1 pm on Anzac Day could result in some premises having more people to serve than they usually would over that period. We consider that not having a trained duty manager on site could increase the risk of alcohol-related harm occurring on the premises on Anzac Day. We therefore recommend inserting clause 7, which would amend section 215 to require a duty manager to be on site during the hours that members of the public are on the premises on Anzac Day.

We note that the bill as introduced does not contain transitional arrangements for licensees or alcohol regulators. Consequently, after commencement, existing licences would continue and be progressively replaced as they came up for renewal over a three-year period. To align with the new legislation, licensees could choose to apply to their District Licensing Coordinator to vary their licence conditions.

We understand that even if section 47 was repealed, and sections 47A and 48 amended, some licences would still contain conditions that were inconsistent with the amendments. We therefore consider that the absence of transitional arrangements could be confusing for existing licence holders and customers. It would also create complexity for the Police when enforcing licence conditions. This is because licence holders would have different dates for when the changes would take effect. It could also be considered unfair as new licence applicants or licensees whose licence was due for renewal just after the bill commenced could benefit from fewer restrictions sooner.

We therefore recommend inserting clause 8, which would amend Schedule 1AA, to provide that conditions imposed before commencement that are inconsistent with the amendments would cease to have effect.