Alcohol Newsletter - Summer 2023

Raumati Summer 2023

Alcohol licensing tips and reminders

Summer is here, which means Christmas and New Year celebrations are just around the corner. Tourist numbers are on the rise, and with warm and dry months expected ahead, there will be plenty of cold beers and fruity cocktails ordered. To be ready for the summer frenzy, check out our tips on preparing yourself and your business for the new season.

ServeWise

ServeWise is a FREE tool that managers can use to refresh their skills. It is a fun and interactive way to test your knowledge of the industry and your role as a manager. Head to the ServeWise website to check out the available courses.

Uh oh!

Any incident, big or small, must be recorded. An incident could be as simple as refusing the sale of alcohol to someone under age. An example of recording this could be: Time/Date/Incident - refusal of alcohol underage.

Making water available

As the days get longer and the weather warms up, having water available is not only a mandatory condition on licences, it's one of the best tools to prevent patrons from becoming intoxicated. Make sure fresh water is readily available for your guests, with plenty of clean glasses.

Monitoring

Compliance checks are carried out annually and are unannounced. For that reason, all duty managers must know where their premises' toolkit is kept. If toolkits are not on-site at the time of the inspection, this can lead to non-compliance, which could affect your licence.

Ensure you're prepared

Ensure you are prepared for your Manager's Certificate interview by reading over The Manager's Guide produced by the Health Promotion Agency. This will be your Bible and has everything you need to know to be an effective duty manager.

Renewing your licence

Do you need to renew your on, off, or club licence? If so, just a friendly reminder to lodge all renewal applications at least 20 working days before expiry. Please head to our website for more information regarding licence applications.

Restricted Trading

When to

serve and when to say no

There are three and half days a year when premises holding an on or off-licence cannot trade in their usual manner.

These are commonly referred to as sacrosanct days.

They are:

Good Friday
Easter Sunday
Christmas Day
Before 1pm on Anzac Day

If you hold an off-licence, you cannot sell alcohol - no exceptions.

If you hold an on-licence, you can only sell alcohol to people living on the premises or those who are on the premises to dine.

You cannot sell alcohol to people who just want a drink.

The timelines for diners drinking alcohol are specific:

no more than an hour before they start eating a meal
an hour after they have finished their meal.

A meal under the Sale and Supply of Alcohol Act 2012 is defined as being at a table using cutlery at a recognised meal time, for example, breakfast, lunch or dinner.

Gaming Rooms and Alcohol Licensing

Restricted or supervised?

Did you know your gaming room technically can't be designated as restricted under your alcohol licence?

At renewal time, the inspector processing your application will recommend changing your restricted area to a supervised area. For an area to be restricted, it must only be for alcohol consumption and no other activity.

So what does that mean?

Can minors enter this area now? The answer is no. For alcohol licensing purposes, this will be designated supervised. But for your gambling licence purposes, it will still have to be restricted.

For more information, check out the Alcohol Regulatory and Licensing Agency (ARLA) 2019 decision in Tokoroa J & I Imports v Bridle. ARLA stated it was not necessary for gaming rooms to be designated as a restricted area.

The reason was that "the focus on designations for a District Licensing Committee is for reasons to do with the object of the Sale and Supply of Alcohol Act 2012 and not the Gambling Act 2003".

Making an appeal

If you disagree with the District Licensing Committee's decision, you can appeal to ARLA. Notice of an appeal to ARLA must be within 10 working days of the date you are notified of the decision. Find out more information on the appeal process on the Ministry of Justice website.

Special Licences

Deadlines for summer events

Are you planning to hold an event where you want to sell or supply alcohol over the Christmas and New Year period or Waitangi Day?

Here are the key dates

Small to medium event (no more than 400 people): Lodge your application by 20 November 2023

Waitangi Day: Lodge your application by 1 December 2023

Applications for large events (more than 400 people) had to be lodged by 20 October 2023 and may no longer be accepted.

Head to our website for more information.

Waivers and Exemptions

These are at the discretion of the District Licensing Committee and only granted in circumstances allowed under the Sale and Supply of Alcohol Act 2012

Section 137: When an application for a special licence is filed within 20 working days of when the event begins

Section 213 (2): The District Licensing Committee may exempt the holder of any special licence from the requirements of the nominated certified manager if it is satisfied the licensee, or another person nominated by the licensee, will manage the sale of alcohol pursuant by the licence.

Section 127: A renewal licence is made within 20 working days of the licence expiry.

Section 208: Where any person has neglected or omitted any act or thing in a precise manner or within the precise time prescribed by the Act.

Waivers and exemptions are not automatic. Applicants should plan on the basis that the request has not been approved until advised otherwise.