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Whariki

Submission to the Liquor Review 1996

Recommendations

(1) The Minimum Drinking Age

(a) Age restricted premises

That the minimum legal age for the sale, supply and purchase of alcohol shall be 20.
That bars, taverns and nightclubs be designated 'age restricted' premises, with entry permitted only to those aged 20 and over.
That restaurants, cafes or dining rooms be granted 'restaurant' licences for the sale and supply of alcohol to those aged 20 and over with meals only, but no age restrictions on persons present.
That no person aged under 20 shall be employed on licensed premises, except at times when liquor is not for sale.
That three infringements for the sale or supply of liquor to underage persons within a 36month period shall result in an automatic loss of licence.

(b) Age identification

That licensees shall be required to request, and young people required to produce, evidence of age in the form of an identification card with name, address, photograph and age or date of birth.
That acceptable identification shall be considered to have been provided by a passport, a driver's licence with photo, or an authorised age identification card issued by an appropriate government department.
That use of a false or altered identification card or a card not one's own shall be an offenceunder the Act and subject to a fine.

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(2) Sunday Supermarket and Off-Licence Sales

(3) Sunday Trading in Hotels and Taverns

That supermarkets and other off-licences not be permitted to sell and supply alcohol on Sundays.
That supermarket sales on Monday to Saturday continue to be limited to wine.
That supermarket, wineshops and other off-licences be required to ensure that age identification is provided by young customers, and that employees selling alcohol are over 20 years of age.
That alcohol may be sold or supplied on Sundays on premises with a 'restaurant' liquor licence to a purchaser ordering and genuinely intending to eat a meal, while the purchaser is eating the meal and up to one hour after the meal is eaten.
That 'a meal' be defined as a meal eaten by a person seated at a table with cutlery and of sufficient substance as to be ordinarily accepted as a full meal. A pie, sandwich or fried potatoes [chips, French fries] only shall not be considered sufficient to fulfil this requirement.

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(4) Issues Relating to Different Types of Licence

That all categories of licensed premises should receive routine inspection, including late night inspections, to ensure compliance with the law and with host responsibility practices.

(a) On-licences and restaurant licences

That the current distinctions in the terms of on-licences by type of business be formalised with separate 'on-licence' and 'restaurant' categories of licence.
That premises whose principal purpose of business is the provision of food may apply for a 'restaurant ' licence to serve alcohol only with meals, with no restriction on the age of persons present on the premises, and may also apply to serve alcohol with meals on Sunday.
That all other 'on-licences' have entry restricted to those over 20 and not be granted Sunday hours of trading.
That 'a meal' be defined as a meal eaten by a person seated at a table with cutlery and of sufficient substance as to be ordinarily accepted as a full meal.

(b) Special licences and temporary authorities

That the granting of special licences and temporary authorities by District Licensing Agencies be audited by the Liquor Licensing Authority.

That clubs of members, constituted for sport and charitable purposes, should not be granted on- or off- licences for the sale of liquor to the general public.
That a club licence shall be conditional on the presence of a designated and trained manager at all times when alcohol is available to members and guests.

(d) Who may hold an on-licence

That any on-licence for the sale of liquor to the public that is granted to a body corporate, local authority or club shall meet the same requirements and standards as any other on-licence and that a suitable licensee or certified manager be present and responsible for the management of the premises to all times.
That the exemptions from licensing under the Act for police, fire and prison service, armed forces and Parliament be removed.

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(5) Drinking/Trading Hours

That 24 hour licensing for the sale of liquor be discontinued.
That maximum standard hours for the sale of liquor be set by the Sale of Liquor Act as 3 am in commercial areas and 11 pm elsewhere.
That licensees wishing to trade later than 3 am may apply with reasons to the Liquor Licensing Authority for a permit extending these or earlier hours endorsed on the licence.
The District Licensing Agency shall withdraw any extended hours permit following any breach of the law or of any conditions of the licence or permit.

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(6) Definition of Intoxication

That the enforcement of the current penal provisions against the sale and supply of liquor to already intoxicated persons be improved.
That licensees and managers of licensed premises be required to undertake host responsibility training which includes instruction on the indicators of intoxication.
That amendments to the Sale of Liquor Act increase the ability of the police to prosecute for sale or supply to already intoxicated and underage persons by
(a) allowing police to seize alcohol and alcohol containers as evidence,
(b) allowing an averment by a police witness to be accepted in the absence of proof to the contrary.
That three infringements for the sale or supply of liquor to already intoxicated persons within a 36 month period shall result in automatic loss of licence.

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(7) Host Responsibility

That the criteria and conditions for on-licensed premises or conveyances include the promotion as well as the provision of food.
That promotions, competitions or pricing structures which encourage fast or excess drinking be expressly prohibited.
That the words 'host responsibility' be included in the criteria and conditions for on-licences, ie: 13(1)(d) and 14(4)(d) to read:
'The steps to be taken by the licensee to ensure host responsibility and that the provisions of this Act relating to the sale of liquor to prohibited persons are observed.'
That these steps shall be conditions of the licence, rather than may be imposed by the Licensing Authority.
That the steps to be taken by the licensee 'to ensure that the provisions relating to the sale of liquor to underage persons are observed' be included in the criteria and conditions for off-licences, as well as on-licences.
That the Licensing Authority include as a condition of a licence the number of persons who may be present on the premises at any one time.
The powers of the Medical Officer of Health, including the right of entry, delegation and closure, be laid out in the same way as for the other two statutory agencies. That these powers be balanced equally with those of the other statutory agencies in all sections of the Act.

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(8) Training for licensees and manager's certificates

That evidence of training in liquor laws and host responsibility practices be required with new applications and applications for renewal of all on-, off- and club licences and manager's certificates.
That a club licence shall be conditional on the presence of a designated and trained manager at all times when alcohol is available to members and guests.

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(9) Roles of the Liquor Licensing Authority and District Licensing Agencies

(a) Decision Making Powers

That District Licensing Agencies have the power to grant new licences if all local statutory agencies support the application and no public objections are received.
That all licence applications, including special licences, and licence renewals be referred to the Liquor Licensing Authority for decision if they are opposed by any statutory agency or by any member of the public or a community organisation.
That officers of the Liquor Licensing Authority audit licensing decisions made by District Licensing Agencies, in addition to the present role of Authority members as an appeal body.
That the Liquor Licensing Authority increase the role of its secretariat to provide training, advice, summaries of emerging case law and written guidelines to District Licensing Agencies, secretaries and inspectors and to officers of the other statutory agencies.
That consideration be given to requiring amalgamation between District Licensing Agencies in very small localities to provide economies of scale for the employment of a full-time inspector focusing on liquor regulations.

(b) Power to Impose Conditions and Sanctions

That the Licensing Authority have the power to negotiate or impose additional conditions on a licence to meet particular situations or to resolve problems in order to help meet the objectives of the Act.
That the Licensing Authority be provided with a range of sanctions for infringements of the law or the terms of a licence.
That on application from the statutory agencies or when a licence renewal is opposed, the Licensing Authority may do one or more of the following: reprimand the licensee, impose a monetary penalty, impose or alter conditions on the licence, suspend the licence for up to 12 months, cancel or refuse to renew the licence, disqualify the licensee from holding a licence for up to 3 years, cancel a manager's certificate, disqualify a manager for up to 3 years, or take no action.

(i) Role of the Medical Officer of Health

That the powers of the Medical Officer of Health, including the right of entry, delegation and closure, be laid out in the same way as for the other two statutory agencies. That these powers be balanced equally with those of the other statutory agencies in all sections of the Act.
That the Medical Officer of Health be advised of and entitled to report on applications for special licenses.

(ii) Role of the Police

That the penal provisions of the Act be strict liability offences.
That the powers of police include the right to seize alcohol and alcohol container as evidence and recognition of averment in court prosecutions.
That the powers of police include the right to search for and seize as evidence age identification cards where there is reasonable suspicion of misuse.
That the definition of liquor above 1.15 percent alcohol by volume be worded as in the 1962 Act:

"Liquor" means any spirits, wine, ale, beer, porter, stout, cider or perry, or any other fermented, distilled or spirituous liquor which on analysis is found to be....
That any underage person who enters restricted premises or who purchases or attempts to purchase alcohol at the direction of police shall be immune from prosecution.

(iii) Liaison between statutory agencies

That the local statutory agencies be required to meet regularly together as well as to investigate and report on licence applications and renewals.

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(10) The position of Licensing Trusts

That no change be made with regard to Licensing Trusts or 'no licence' areas.

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(11) Technical Issues

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(12) Alcohol Advertising

That a review of alcohol advertising should be undertaken, but extended to take into account new information that has become available since the Potter report.
That the review of alcohol advertising should be undertaken by a Select Committee reporting back to Government.

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(13) Health Warnings

That rotated, single-risk messages be required on all alcohol product containers.
That warnings on the harmful effects of alcohol should be screened following any alcohol advertising in the broadcast media.

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(14) Licensing Fees

That the current application fee for a new licence of renewal be replaced by an annual operating fee.
That an additional fee be set which may be charged for any repeat visit by a licensing inspector to ensure compliance, following a routine or renewal inspection at which infringements or unsatisfactory practices have been notified to the licensee.

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(15) Annual returns

That the Register of the Liquor Licensing Authority be required to collect and make available annual statistics on the number and type of licensed premises operating and on the volumes and types of liquor sold by type of premises.
That on-, off- and club licensees be required to submit annual returns to the Registrar showing quantities sold by type of liquor, in such form as the Liquor Licensing Authority shall prescribe.

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(16) Community Involvement

That the opportunities for public involvement in the granting and renewal of liquor licences be improved.

(a) Notification

That licence applications be notified publicly in a local newspaper or newspapers in such form as the District Licensing Agency shall prescribe.
That notification of an application for an on-, off- and club licence for the sale of liquor be required to be posted on the site during the period of application with details of the premises, the hours of operation, and the nature of the business.
That the period of time within which objections can be lodged be 20 working days.
That all residents, businesses and organisations within one kilometre of the proposed premises shall be notified in writing.

(b) Rights of objection from the community

That any person aged 18 or over and any organisation may object to a licence application or renewal, and to appear and be heard at any hearing of the District Licensing Agency or Liquor Licensing Authority.
That the grounds of objection to any licence application or renewal be extended to include:

That the amenity, quiet or good order of a residential neighbourhood is or is likely to be disturbed. That the premises are in the vicinity of a place of worship, hospital or school.

That the criteria for granting licences be extended to allow as grounds for refusing a licence:
1. That the amenity, quiet or good order of a residential neighbourhood is being or is likely to be disturbed.
2. That the premises are in the vicinity of a place of public worship, hospital or school.
That the Licensing Authority have the power to negotiate or impose additional conditions on any individual licence to meet particular situations or to resolve particular problems, in orderto ensure that the objectives and requirements of the Act are met.

(d) Town Planning and location of licensed premises

That the sale of alcohol, in on- off- or club-licensed premises, be a conditional land use in all District Plans.

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