Other Alcohol-Related Information

The Act specifies timelines, deadlines and non-working days that can impact on filing and assessment of alcohol licensing applications. The Act also specifies sacrosanct days on which the sale of alcohol is restricted.

The Act defines a working day as a day that is not:

• A Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, ANZAC Day, the Sovereign’s Birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
• If Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
• A day in the period commencing on 20 December in one year and ending with 15 January in the following year.

What this means for licensees:

• Off-licences: Premises holding an off-licence are not permitted to sell alcohol on Good Friday, Easter Sunday, Christmas Day or before 1 pm on ANZAC Day.
• On-licences: No alcohol is to be sold on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on ANZAC Day to any person other than those who are:
  • for that time, living on the premises (eg guests at hotels)
  • present on the premises for the purposes of dining.

Porirua Council's Local Alcohol Policy determines the maximum trading hours for licensees, this differs for on-licence, club licence and off-licence premises. Special licences, remote sales, hotels and particular clubs (such as RSA) may have exceptions to the maximum trading hours. Check out the Local Alcohol Policy for more information.

• For on-licences and club licences: The maximum trading hours are 8 am until 2 am the following day.
• For off-licences: The maximum trading hours are 7 am until 10 pm.

2022 public holidays with alcohol trading restrictions

• Good Friday: Friday 15 April 2022
• Easter Monday: Monday 18 April 2022
• ANZAC Day: Monday 25 April 2022 (until 1 pm)
• Christmas Day: Sunday 25 December 2022

2022-2023 public holidays without alcohol trading restrictions

• Waitangi Day: Sunday 6 February 2022 (public holiday on Monday 7 February 2022)
• Queen’s Birthday: Monday 6 June 2022
• Te Rā Aro ki a Matariki/Matariki Observance Day: Friday 24 June 2022
• Labour Day: Monday 24 October 2022
• Boxing Day: Monday 26 December 2022
• New Year’s Day: Monday 2 January 2023
• Day after New Year’s Day: Tuesday 3 January 2023

Gaming machine and TAB venues (August 2019)

Porirua City's policy for gaming machines and TAB venues comes under the Gambling Act 2003 and Racing Act 2003 and controls the location of new class 4 gambling venues and stand-alone New Zealand Racing Board venues. The policy does not cover any gaming machines or TAB venues licensed on or before 17 October 2011, unless the venue licence has not been held for the site for more than six months, and does not cover casinos.

You can read more about the Gaming Machines and TAB policy on our website.

Smokefree Outdoor Public Places Policy (June 2019)

Our Smokefree policy extends the number of public places that are Smokefree and Vapefree in Porirua and also seeks to denormalise smoking/vaping for children and young people by reducing its visibility in public places. It is an educative policy and will not be enforced by fines.

You can read more about the Smokefree Outdoor Public Places Policy on our website.

Psychoactive substances (April 2015)

The Psychoactive Substances Act 2013 puts substantial controls around who can sell, supply and purchase approved products. Porirua City’s policy restricts retail premises selling psychoactive substances to areas including: Hagley Street (northern end), part of Cobham Court and Kilkerran Place.

You can read more about the Psychoactive substances policy on our website.

Your obligations

The Sale and Supply of Alcohol Act 2012 sets out a range of criteria that any licence application of any sort (including renewals) must be assessed against. It is important that you have the appropriate systems in place and regular staff training to meet the criteria.

Although there is a lack of mandatory requirements for staff training and refresher training, it is important that the manager, licensees and their staff "know the law" and they can implement it in the workplace.

Suggestions for staff training

Some examples of systems you could have in operation include:

• Signage at the points of sale regarding prohibition of sale to minors and intoxicated persons: Although there is a mandatory condition of your licences, make sure these signs actually have the rules explained. You can order them online from the Health Promotion Agency website or you can make your own.
• Till prompts: There are several software systems available that can be installed to remind staff to check customers’ ages and even making them input their date of birth before service can proceed.
• Host responsibility policy: Ensure you have an effective host responsibility policy that reflects your business purpose and that your staff and customers understand and can implement it.
• Intoxication assessment guidelines: Do you have an intoxication assessment guideline (S.C.A.B.) at your premises and do your staff understand it? Copies can be downloaded here.

Some suggested training tools for your staff include:

• Ongoing training: Explaining your premises’ licence, host responsibility policy and the intoxication assessment guidelines, which are then signed off by the manager or a senior staff member as being presented, read and understood. It is recommended this is repeated at least annually.
• Training resources: Guides and training manuals can be downloaded for free from the Health Promotion Agency website and can provide useful information for all staff training.
• Outside training: As well as in-house training being provided, there are several organisations that do seminars at their own training centres or will come to you. These usually provide certificates of attendance which can be kept for your records.
• LCQ certificate: You could get all your staff to complete and hold the LCQ, even if they do not want a manager’s certificate.

Designations and evidence of age documents

Designation set the age limits for people allowed at your licensed premises must be explained in your original application. There are three types of designations:

• Restricted: No one under 18 years of age is allowed onto the premises (typically applying to night clubs, strip clubs or brothels).
• Supervised: People under 18 years of age are allowed on the premises if they are with their parent or legal guardian. Alcohol is not allowed to be sold to anyone under 18 years of age, however, alcohol may be supplied to someone under 18 years of age by their parent or legal guardian (typically applying to taverns and hotel bars/restaurants).
• Undesignated: People of any age may be present on the premises. Alcohol is not allowed to be sold to anyone under 18 years of age, however, alcohol may be supplied to someone under 18 years of age by their parent or legal guardian (typically applying to restaurants and sports/social clubs).

The legal drinking age in New Zealand is 18 years of age. It is recommended to ask for photographic proof of age for anyone on your premises and/or purchasing alcohol that looks under 25 years of age. Below is a list of the approved forms of ID under the Sale and Supply of Alcohol Act 2012:

• Any current passport
• A current New Zealand driver’s licence
• A valid Hospitality NZ (HENZ) 18+ card (these are no longer available as of 2016, but cards already issued are valid for 10 years)
• A Kiwi Access Card – You can download a Kiwi Access Card application form here or collect an application form from your nearest NZ PostShop or AA Centre.

Supplying food

Businesses with on-licences, club licences or special licences, must make sure that food is easily available whenever they are open and selling alcohol. The range and style of food must be similar to the menu submitted as part of the original licence application.

There are several minimum standards for an alcohol licence:

• Provision of food: There must be a least four varieties of food available (you cannot serve four types of the same food). It is acceptable to have a menu from neighbouring premises to provide for one or two of these options, however, there must always be a back-up option that can be produced onsite. There also must be an area for the preparation for food and utensils for the service of food.
• Clear advertising: Menus for the food you are providing must be clearly visible and food should be actively promoted (such as having menus on tables or at the bar, having a menu board, or having food on display).
• Certificate of Registration: Not all premises need to have a Certificate of Registration, however, registered premises (such as restaurants) that regularly sell and serve meals must display a current Certificate of Registration with the premises grading.

Alcohol Licensing Inspectors will check menus at premises whenever licences are due for renewal. When an inspector calls, they may ask questions such as:

• Is food available?
• Is it promoted well?
• Do the premises have free food available during drink promotions?
• Are there special meal deals offered?

Noise awareness and compliance

All licences are required to comply with the requirements of the noise provisions under the Resource Management Act. Noise from premises must be below the level prescribed in the Council's District Plan and any resource consent conditions relating to noise for that site and use. These often relate to keeping windows and doors closed and limits the use of outside speakers or amplified entertainment.

Once operating, any noise complaints may result in a noise control officer attending and issuing an excessive noise direction for the noise to be reduced immediately. Non-compliance with an Excessive Noise Direction may result in an infringement notice.

Alcohol bans

The Porirua Council’s Alcohol Control Bylaw 2018 imposes the following prohibitions on the drinking, possession and carriage of alcohol:

• Between 5 pm and 7 am the following day on all days of the week in the following places:
  • Ngati Toa Domain
  • Paremata/Pāuatahanui inlet (west side)
  • Plimmerton Beaches
  • Pukerua Bay Beach
  • Titahi Bay Beach
• At all times on all days of the week in:
  • Broken Hill
  • Calliope Crescent Playground
  • Cannons Creek Business District
  • Endeavour Park
  • Porirua City Central Business District
  • Rānui
  • Titahi Bay Shopping Centre
  • Waitangirua
  • Whitby Adventure Park and Lakes
  • Baxters Rise

You can read the Alcohol Control Bylaw 2018 further and view the alcohol ban maps on our website.

Alcohol promotion policy and guidelines

All alcohol advertising and promotion must comply with the principles and guidelines in the Code for Advertising and Promotion of Alcohol and the Advertising Standards Code 2018.

The Alcohol Advertising and Promotions Code covers advertising and promotion of all pre-packaged and bulk alcoholic drinks which are advertised and promoted for sale and consumption in New Zealand. The Code is designed to ensure that alcohol advertising and promotion is consistent with the need for responsibility and moderation in merchandising and consumption, and does not encourage consumption by minors. Particular care is also required in the advertising and promotion of products likely to have strong appeal to young adults over the legal purchase age.

It is the responsibility of all companies and enterprises connected with the alcoholic drinks industry in New Zealand to comply with this Code.

You can read the Code for Advertising and Promotion of Alcohol in full, on the Advertising Standards Authority website.

There are several liquor licensing regulatory agencies that oversee the processing of applications and monitoring premises and managers.

ARLA: The Alcohol and Regulatory Licensing Authority (ARLA), Te Mana Waeture Take Waipiro, is an independent Tribunal established by the Act and is comprised of up to three district court judges and any number of other members. ARLA's role is to consider and determine applications made by the Licensing Inspectors and the Police for the variation, suspension, or cancellation of liquor licences and manager’s certificates. ARLA also considers and determines appeals against decisions made by the DLC and appeals against elements of provisional local alcohol policies developed by local councils. The DLC may also refer applications for licences and manager’s certificates for consideration and determination to ARLA.

The DLC: The District Licensing Committee is a Commission of Inquiry and also acts to provide information to ARLA. The DLC is made up of a chair and at least two members. The chair of a DLC can either be an elected member of the council or a commissioner appointed by the chief executive on the recommendation of the council. At Porirua City Council, the Chair of DLC is an elected member of the council. Other members of the DLC are eligible people (either community members or elected members of the council) who have experience relevant to alcohol licensing matters. Functions of the DLC include:

• Determining applications for licences, managers’ certificates and renewals
• Determining temporary authority applications
• Varying, suspending or cancelling special licences
• Referring applications to ARLA
• Conducting inquiries and making reports as required by ARLA
• Other functions conferred on it by any Act.

Fire and Emergency New Zealand: On occasion other inspectors or officers of the local council or regulatory agencies will visit premises, including the health inspector, fire safety officer, dangerous goods inspector, health and safety officer, smokefree officer, gaming compliance inspector, and building safety officer. Functions of Fire and Emergency include:

• Ensuring that premises have evacuation schemes as required by the Fire and Emergency New Zealand Act 2017
• Where appropriate, making objections for licence applications or managers’ certificates
• Applying to ARLA for the suspension of an on-licence or a club licence where there is evidence of non-compliance with requirements for the escape of people in the event of fire.

Licensing Inspector: Have the power of entry to any licensed premises at any reasonable time and may require seeing the licence or any records to establish compliance with the Act. Functions of the Licensing Inspector include:

• Enquiring into all applications for licences, managers’ certificates and renewals
• Monitoring licensed premises’ compliance with the Act and reporting to the DLC or ARLA
• Appearing and being heard at ARLA and DLC hearings, appeals and other matters
• Applying to ARLA for variation, suspension and cancellation of licences and managers’ certificates
• Making appeals to ARLA
• Issuing infringement notices in conjunction with the Police
• Providing information for the development of local alcohol policies
• Exercising the power to seize alcohol and containers without a warrant for the purpose of analysis.

Medical Officer of Health: The Medical Officer of Health (MOH) has a statutory reporting role with functions that include:

• Enquiring into all applications for licences and renewals (but not managers’ certificates)
• Making reports to the DLC or ARLA where there are matters in opposition
• Providing information for the development of local alcohol policies
• Applying to ARLA for suspension of an on-licence or club licence where there is evidence of non-compliance with public health requirements.

Police: Have power of entry to any licensed premises at any reasonable time and may require seeing the licence or any records required to establish compliance with the Act (similar to the functions of an inspector). They may also seize alcohol and containers without a warrant for the purposes of analysis. Their functions include:

• Enquiring into all applications for licences, manager’s certificates and renewals
• Monitoring licensed premises’ compliance with the Act
• Reporting to the DLC or ARLA where there are matters in opposition
• Ordering the closure of a licensed premises in the case of rioting, fighting or serious disorder, a threat to public health, public nuisance or for certain criminal offences
• Applying to ARLA for the variation, suspension or cancellation of a licence
• Advising ARLA when a licensee or manager has been convicted of an offence relating to the sale and supply of alcohol to minors, unauthorised sale or supply, sale or supply to intoxicated person, or allowing persons to become intoxicated
• Issuing infringement notices
• Prosecuting breaches of the law.