The sale, supply, and consumption of alcohol is largely governed by the Sale and Supply of Alcohol Act 2012.
Alcohol regulation and control
The Sale and Supply of Alcohol Act 2012
The Sale and Supply of Alcohol Act 2012 (link to external website, new window) (the 'Act') came into force on 18 December 2013. It introduces more control of the sale, supply and consumption of alcohol than was seen in the former Act. It gives the wider community more say on where alcohol can be sold and supplied in their area, mainly through the development of the Local Alcohol Policy (LAP).
We are required by statute to provide the facilities and services to operate a District Licensing Committee (DLC) for the purposes of enforcing the Act.
The object of the Act is that:
- the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and
- the harm caused by the excessive or inappropriate consumption of alcohol should be minimised.
Harm is defined as including:
- any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and
- any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in paragraph (a).
Alcohol (Control of Alcohol in Public Places) Bylaw
We have created the Alcohol (Control of Alcohol in Public Places) Bylaw to control the use of alcohol in public places.
Regulatory agencies
Dunedin Alcohol Partnership
We carry out our role in conjunction with the Police and Public Health South. This is a formal arrangement with the three authorities jointly referred to as the Dunedin Alcohol Partnership.
While the Alcohol Regulatory and Licensing Authority (ARLA) has overall responsibility for alcohol licensing in New Zealand, the DLC is responsible for the local area. The Act has the Police, Medical Officer of Health and the Council’s licensing inspectors as the regulatory agencies responsible for the day-to-day monitoring and management of alcohol issues in the Dunedin area. They work closely together with the industry and other relevant groups to work towards achieving the object of the Act.
Alcohol Regulatory and Licensing Authority (ARLA)
ARLA has the overall responsibility for alcohol licensing. It comprises a District Court Judge as the Chairperson and usually two other members.
Functions include:
- determining/considering applications for variation, suspension or cancellation of on, off or club licences and manager's certificates referred to them by the Police or licensing inspectors
- determining appeals arising from decisions of the DLC
- determining applications referred to it by the DLC
- giving direction on matters to the DLC
- considering the suspension or cancellation of licences in respect of certain offences referred to them by the Police.
District Licensing Committee (DLC)
The DLC is an independent sub-committee of the territorial local authority (or local Council) for a particular area.
Functions include:
- determining all applications for licences (on, off, club and special licences) and manager's certificates, both new, renewal and variation applications
- determining temporary authority applications for on and off licences
- appointing one or more licensing inspectors.
DLC membership
The DLC comprises a chairperson and committee members from the Dunedin community.
Committee Representatives
The current membership is:
- Colin Weatherall - Chairperson/Chair
- Katie Lane - Commissioner
- Karen Elliot.
Council Representatives
- Cr Lee Vandervis
- Cr Marie Laufiso.
Licensing inspector
One or more licensing inspectors are appointed by the Dunedin City Council (DCC).
Functions include:
- reporting on all applications for licences and manager's certificates to the DLC, or in some situations, ARLA
- monitoring licensed premises' compliance within the requirements of the Act and reporting to the DLC
- power of entry to any licensed premises at any reasonable time (the inspector must carry a warrant)
- ability to require to see the premises' licence or any records reasonably required to establish compliance with the Act
- ability to apply to the ARLA for the variation, suspension or cancellation of a licence
- power to issue an infringement notice to any person alleged to have committed certain offences under the Act.
The Police
The New Zealand Police (link to external website, new window) have a statutory role under the Act to inquire into all alcohol licence applications and monitor all licensed premises to ensure compliance with the Act.
Functions include:
- inquiring into all applications for licences and manager's certificates
- monitoring licensed premises' compliance with the requirements of the Act and reporting to the DLC
- power of entry to any licensed premises at any reasonable time, or at any time if they have reasonable grounds to suspect that an offence is being committed
- power to require to see the premises' licence or any records reasonably required to establish compliance with the requirements of the Act
- power to order the closure of a licensed premises in the case of riot or fighting, etc.
- power to apply to ARLA for the variation, suspension or cancellation of a licence
- duty to advise 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 persons or allowing persons to become intoxicated
- power to issue an infringement notice to any person alleged to have committed certain offences under the Act
- power to seize alcohol and containers without a warrant for the purpose of analysis.
Medical Officer of Health
The Medical Officer of Health for a particular area is also involved as a statutory reporting agency. In Dunedin the Medical Officer of Health is often represented by a Health Promotion Adviser of the Public Health Service.
Functions include:
- inquiring into all applications for on, off, club and special licences
- monitoring and report on licensed premises' compliance with the requirements of the Act and report to the DLC.