Alcohol law changes give locals more say
12 December 2013
Changes to the alcohol laws will allow communities to have a great say over licensing matters.
The Sale and Supply of Alcohol Act 2012 takes effect on 18 December 2013. The new law will make significant changes to the process and criteria for obtaining alcohol licenses and managers' certificates.
The changes are aimed at minimising the harm caused by excessive drinking and improving New Zealand's drinking culture.
As part of the changes, councils are responsible for forming District Licensing Committees (DLCs). These committees will consider all on-licences, off-licences, club licenses, special licenses, temporary authorities, and manager's certificates, including those with opposition.
Waipa District Council recently appointed the following people to its DLC: Diane Sharp (Commissioner), Councillor Marcus Gower (Deputy Chair), Roy Johnson, Patsi Davies, Brett McEwan, Michael Cameron and Ross Murphy.
Councils also have the ability to implement local alcohol policies (LAP). Waipa District Council has drafted a provisional policy addressing local criteria for the number, location and trading hours in the district. The policy will complete its final appeal stage in the new year.
Key features of the changes include:
- allowing local-level decision-making for all licence applications
- providing broader grounds for public objections i.e. impact on local amenities and good order
- new risk-based fees formed of both application fees and annual fees
- creating a range of new alcohol-related offences
- requiring the express consent of a parent or guardian before supplying alcohol to a minor and requiring anyone who supplies alcohol to under 18-year-olds to do so responsibly
- strengthening the rules around the types of stores eligible to sell alcohol
- introducing maximum default trading hours for licensed premises in areas that don't have a LAP
- restricting supermarket and grocery store alcohol displays to a single area
- infringement notice offences for a range of offences including breach of liquor control bylaws
- broader definition of public place which including to previously excluded areas such as car parks and school grounds
- adoption of a single type of managers certificate
- requiring all managers to undertake the prescribed qualification
Waipa District Council's Karl Tutty is delegated secretary of the new DLC and has co-ordinated the changes required by the new Act.
He said in some respects the process will be familiar but warns there are a significant number of changes.
The existing types of licences, on, off, club and special licences are retained, and the process of applying for a licence with the Council remains the same but the criteria and assessment process are significantly different. Every application now has to be considered against the new criteria, and be approved by the DLC or its chairperson before being issued, Mr Tutty said.
Applicants need to be aware of the changes, particularly around forms, the new fee structure, the new criteria and timeframes. There are also a range of new offences which will affect advertising and promotions.
Waipa District Council will be providing information to managers and licensees about the changes.
General information on the changes to the Act can be found on the Ministry of Justice website at www.justice.govt.nz and the Act itself at www.legisaltion.govt.nz.
Ends
For further information contact:
Karl Tutty
Waipa District Council
027 584 7072
