Supplementary Order Paper No 56

No 56

House of Representatives

Supplementary Order Paper

Thursday, 1 July 2021

Sale and Supply of Alcohol (Renewal of Licences) Amendment Bill (No 2)

Proposed amendments

Louisa Wall, in Committee, to move the following amendments:

New clauses 4F to 4L

After clause 4 (page 2, after line 6), insert:

4F Section 79 amended (Territorial authority must produce provisional policy by consulting on draft policy using special consultative procedure)

(1)

In the heading to section 79, delete provisional.

(2)

In section 79, delete “provisional” in each place.

4G Section 80 amended (Territorial authority wishing to adopt provisional policy must give public notice)

(1)

In the heading to section 80, delete provisional.

(2)

Replace section 80(1) with:

(1)

If, after producing a policy under section 79, a territorial authority continues to wish to have a local alcohol policy, it must then give public notice of the policy.

4H Sections 81 to 86 repealed

Repeal sections 81 to 86.

4I Section 87 amended (When local alcohol policy adopted)

(1)

Replace section 87(1) with:

(1)

A local alcohol policy is adopted 30 days after its public notification.

(2)

Repeal section 87(2) to (5).

4J Section 88 amended (Territorial authority may discontinue development of local alcohol policy)

In section 88(2), delete “to (4)”.

4K Section 89 amended (Disallowance of local alcohol policy)

In section 89(1), replace “Once a provisional local alcohol policy has been adopted and ceased to be provisional” with “Once a local alcohol policy has been adopted”.

4L Section 90 amended (When local alcohol policy is in force)

In section 90(1), replace “Once a provisional local alcohol policy has been adopted and ceased to be provisional” with “Once a local alcohol policy has been adopted”.

New clauses 6A to 6H and cross-heading

After clause 6 (page 2, after line 22), insert:

6A Section 170 amended (Functions of licensing authority)

Repeal section 170(c).

6B Section 205 repealed (Right of persons to appear in relation to appeal under section 81)

Repeal section 205.

Consequential amendments to Sale and Supply of Alcohol Regulations 2013

6C Principal regulations

Sections 6D to 6H amend the Sale and Supply of Alcohol Regulations 2013.

6D Regulation 3 amended (Interpretation)

In regulation 3(1), revoke the definition of provisional LAP.

6E Regulation 16 amended (Territorial authorities adopting joint LAP)

In regulation 16, replace “a provisional LAP” with “an LAP”.

6F Regulation 17 replaced (Public notice of provisional LAP)

Replace regulation 17 with:

17 Public notice of LAP

(1)

If the LAP has been developed by a single territorial authority, a public notice of the LAP given under section 80(1)

(a)

must be published once in a newspaper that is—

(i)

a daily newspaper circulating in the authority’s district; or

(ii)

another newspaper in the district with a circulation not less than that of a daily newspaper circulating in the district; and

(b)

must also be published by being prominently displayed on the authority’s internet site until the LAP is adopted.

(2)

If the LAP has been developed by 2 or more territorial authorities, public notice of the LAP given under section 80(1)

(a)

must be published once in a newspaper that is—

(i)

a daily newspaper circulating in the districts of all the authorities; or

(ii)

another newspaper in those districts with a circulation not less than that of a daily newspaper circulating in those districts; and

(b)

must also be published by being prominently displayed on the internet sites of each of the authorities until the LAP is adopted.

6G Regulation 18 revoked (Appeal against element of provisional LAP)

Revoke regulation 18.

6H Regulation 19 amended (Public notice of adoption of LAP)

(1)

Replace regulation 19(1) with:

(1)

A public notice of the adoption of an LAP given by a territorial authority under section 90(1) of the Act must state that the LAP has been adopted.

(2)

In regulation 19(2) and (3), delete “provisional”.

Explanatory note

This Supplementary Order Paper amends the Sale and Supply of Alcohol (Renewal of Licences) Amendment Bill (No 2) (the Bill). The effect of the amendments is to remove the right of appeal against a provisional local alcohol policy and, consequentially, to remove references to a local alcohol policy being “provisional”.

This change was recommended to the Governance and Administration Committee by submitters in 2018, when the committee considered the Bill and accompanying Supplementary Order Paper No 14.