5.0 Premises

5.1 On-licence Premises

A premises holding an on-licence can sell and supply alcohol to patrons for consumption on those premises.  Examples include hotels, taverns/pubs, restaurants and cafés.

On-licences can also be endorsed under section 37 of the Act, which gives restaurants the ability to allow ‘bring your own’ (BYO); that is, patrons bring their own alcohol to consume with their meals.

While it is a characteristic of on-licensed premises that they provide a controlled environment in which people drink alcohol, some premises have more potential to cause harm than others.  Hotels and taverns/pubs attract people for the purpose of consuming alcohol and are therefore more likely to be the source of alcohol-related harm than restaurants and cafes where food and dining is their mainstay.

The DLC must consider the style of premises when trading hours and other conditions are considered.

Some licensees may have separate permission from the DCC to use the footpath space in front of their premises to allow patrons to sit and consume alcohol.  This activity is predominantly in the central city but there are other areas where licensees allow patrons to make use of outdoor public space.

5.1.1 Maximum Trading Hours

The holder of an on-licence must ensure no alcohol is sold or supplied on the premises on the sacrosanct days unless the person is on the premises to dine.

Subject to sections 46 (no sales outside permitted trading hours) and 47 (sacrosanct days) of the Act, the following maximum trading hours will apply:

5.1.2 Discretionary Conditions – Section 110

The DLC may impose further conditions on any on-licence in accordance with section 110(1) of the Act relating to the following:

• the restrictions relating to the sacrosanct days (see the glossary for the full definition)
• any one-way door that shall apply
• any designation that shall apply
• the people, or kinds of people, to be served
• provision and promotion of food and low and non-alcoholic beverages
• promotion of alternative transport options.

5.1.3 Discretionary Conditions – Section 117

Under section 117 of the Act the DLC may include any other condition that is reasonable and not inconsistent with the Act, including, but not limited to -

• the management of any outside area – including the use of public space where applicable
• the management of queues when/if they form outside the premises
• security arrangements for the premises (e.g. door staff, CCTV, lighting)
• the management of BYO alcohol to a premises. The DLC may consider it appropriate to ask for a ‘Premises Management Plan’ to address the following: steps proposed to promote/ensure the safe and responsible sale, supply and consumption of alcohol on the premises, specifically
  • prevention of intoxication – the identification of and management of intoxicated people (including the location of any ‘safe area’ on the premises)
  • management of multiple drinks purchased and consumed on the premises (including shots)
  • management of violent or aggressive people and/or volatile situations
• steps proposed to prevent the sale and supply of alcohol to prohibited people. E.g., people under 18 years of age, intoxicated people
• the types of promotions likely to be used to attract patrons to the premises
• how it is proposed to limit the exposure of children to ‘alcohol-related’ advertising and promotions.

5.2 Off-licence premises

A premises holding an off-licence is one where people can purchase alcohol for consumption away from those premises.  The licensee can also supply alcohol free, as a sample, for consumption on the premises.  Examples of off-licence premises include bottle stores, supermarkets and grocery stores.

Off-licences can also be granted to remote sellers, that is, companies that take orders via the internet, facsimile or telephone, and the alcohol is delivered to the buyer.

5.2.1 Maximum Trading Hours

All off-licence premises are prohibited from making sales or supplying alcohol on the sacrosanct days.

An exception to Easter Sunday applies to grape, fruit or vegetable wine made on the premises or where the produce is grown on the land on which the premises is situated.  An example of this would be a vineyard.

The maximum trading hours for all off-licence premises in the Dunedin district shall not exceed the following:

• Monday to Sunday - 7 am to 10 pm

5.2.2 Discretionary Conditions – Section 116

Further to the conditions that must be imposed under section 116(2) of the Act the DLC may impose further conditions on any off-licence s in accordance with section 116(1)(a), (b) or (c) of the Act relating to the following:

• steps to promote/ensure supply of alcohol to prohibited people does not occur e.g. people under the age of 18 years and intoxicated people.
• the types of alcohol to be sold from premises issued an off-licence pursuant to section 34.  In the case of supermarkets and/or grocery stores reference should be had to section 58 of the Act.

5.2.3 Discretionary Conditions – Section 117

The DLC may include any other condition that is reasonable and not inconsistent with the Act and including, but are not limited to:

• security arrangements for the premises (e.g. CCTV, lighting) appropriate to the type of premises.
• the restrictions relating to the sacrosanct days in accordance with section 48
• any designation that shall apply.

5.3 Club licence premises

A club is a ‘body corporate’ that has as its object the participation in, or promotion of, any sport or other recreational activity for anything other than gain.  A club can also be a ‘body corporate’ whose object is something other than gain.

There are some clubs that hold permanent club charters from previous Acts.  These have been carried over to the new regime.

Holders of club licences may sell or supply alcohol only to ‘authorised customers’.  An ‘authorised customer’ is defined in the Act as:

1. A member of the club concerned; or,
2. On the premises at the invitation of, and is accompanied by, a member of the club concerned; or,
3. An ‘authorised visitor’, which means a member of some other club with which the club concerned has an arrangement for reciprocal visiting rights for members.

5.3.1 Maximum Trading Hours

The maximum trading hours for club licence premises in the Dunedin district shall not exceed the following:

• Sunday to Thursday - 10am to 11pm
• Fridays and Saturdays - 10am to 12 midnight.

5.3.2 Discretionary Conditions – Section 110 and Section 116

• The DLC may apply conditions in accordance with section 110(1) of the Act on any club licence, including but not limited to the following: provision and promotion of food and low and non-alcoholic beverages
• the steps proposed by the licensee in the application for the licence aimed at promoting the responsible consumption of alcohol
• the promotion of alternative transport options.

Pursuant to section 117 the DLC may include any other condition that is reasonable and not inconsistent with the Act, including but not limited to:

• security arrangements for the premises (e.g. door staff, CCTV, lighting)
• steps to promote/ensure the safe and responsible sale, supply and consumption of alcohol on the premises:
  • prevention of intoxication – the identification of and management of intoxicated people (including the location of ‘safe’ areas in the premises)
  • management of multiple drinks purchased and consumed on the premises (including shots)
  • management of violent or aggressive people and/or volatile situations
• steps to prevent the sale and supply of alcohol to prohibited people, e.g. people under 18 years of age, intoxicated people
• the limitation of the exposure of children to ‘alcohol’ messages.

5.3.3 Returned and Services’ Association (RSA)

RSA Clubs are established for the enjoyment of returned servicemen and Anzac Day is set aside to honour the memory of those who served their country.

The DLC will include early trading hours on Anzac Day as part of the licence to allow RSA Clubs to open early for members after the commemoration services.

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