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:
What this means for licensees:
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.
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.
Some examples of systems you could have in operation include:
Some suggested training tools for your staff include:
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:
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:
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:
Medical Officer of Health: The Medical Officer of Health (MOH) has a statutory reporting role with functions that include:
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: