Licence holder responsibilities

Learn about your responsibilities as a server, how to help patrons enjoy themselves without overindulging, and your rights when dealing with underage or intoxicated individuals.

1. Conditions of a licence
2. Minimum purchase age
3. Host responsibility requirements
4. Managing intoxication
5. Promotion of alcohol
6. Noise control and food requirements
7. Penalties and enforcement

Conditions of a licence

Complying with the conditions of your alcohol licence

All licences have conditions relating to the sale, supply and consumption of alcohol along with other matters relating to the operation of the premises.

If you do not comply with any of the conditions of your licence, the regulatory agencies may take action, which could lead to your licence being suspended, fines and/or the loss of your licence.

What conditions may apply?

• Any restrictions on when the sale of alcohol may take place.
• The days and hours during which alcohol may be sold pursuant to the licence.
• A range of snack foods such as pies, sandwiches, filled rolls, pizzas and the like should be conveniently available, and the availability of those foodstuffs advised by appropriate notices throughout the premises.
• A reasonable range of non-alcoholic, and low-alcohol refreshments are to be available.
• The provision of freely available water.
• The persons or types of persons to whom alcohol may be sold.
• The steps that the licensee (exercised through the manager) is required to take to ensure that the provisions of Sale and Supply of Alcohol Act 2012 (link to external website, new window) (the 'Act') relating to the sale and supply of alcohol to prohibited persons are observed.
• Any designation that shall apply to the premises, or part(s) of the premises.
• The provision of assistance with or information about alternative forms of transport from the licensed premises.
• Other matters aimed at promoting the responsible consumption of alcohol.

Off-licensed premises

Off-licenced sales are prohibited on Good Friday, Easter Sunday, Christmas Day and before 1pm on Anzac Day.

National default trading hours

The Act has established national default trading hours. There are:

• on-licenced premises 8am to 4am the following day
• off-licensed premises 7am to 11pm.

Dunedin’s provisional Local Alcohol Policy (LAP) has maximum trading hours that differ to the default hours.

Minimum purchase age

The minimum purchase age in New Zealand is 18. It is an offence to sell or supply alcohol in licensed premises to people under this age.

There is one exception. This exception allows the consumption of alcohol by a minor in certain areas of licensed premises if that person is accompanied by their parent or legal guardian and the parent or legal guardian has purchased the alcohol for them.

A minor, a parent and a legal guardian are defined as follows:

• Minor - a person under the age of 18.
• Parent - natural, adoptive or foster parent.
• Legal guardian - a person's guardian within the meaning of the Guardianship Act 1968. It is not a family friend, other relative, schoolteacher or other informal relationship.

Designations

The various parts of a licensed premises will either be undesignated or be designated either a supervised or restricted area. The ability for a minor to be present in an area and consume alcohol if supplied by a parent or legal guardian, depends on the designation.

Undesignated

• Persons of any age may be in this area.
• Persons under 18 accompanied by a parent or legal guardian may consume alcohol although they cannot purchase it. Any alcohol consumed by a minor in an undesignated area must be purchased by the parent or legal guardian.

Supervised

• Persons under 18 may be present only if accompanied by parent or legal guardian.
• The manager has responsibility to establish proof of the relationship and is entitled to request ID or other proof to establish that the relationship exists.
• Persons under 18 accompanied by a parent or legal guardian may consume alcohol although they cannot purchase it. Any alcohol consumed by a minor in a supervised area must be purchased by the parent or legal guardian.

Restricted

• Persons under the age of 18 are not permitted in a restricted area.

Evidence of age documents

Management of a licensed premises can ask patrons to supply an evidence of age document as proof of age. An evidence of age document contains a photograph and information that enables the age of the person to whom it is issued to be determined.

An evidence of age document is:

• a New Zealand or overseas passport
• a driver's licence (issued under the Land Transport Act 1998 (link to external website, new window))
• Kiwi Access card (link to external website, new window) (replaces the 18+ Evidence of Age card which is no longer issued but valid for 10 years from date of issue).

It is management's responsibility to ensure that they do not supply alcohol to minors or allow minors to be on their premises illegally. Management must therefore be satisfied that the customer is of the correct age. The responsibility is on the individual to prove that they are of the correct age. The licensee or manager does not have to allow any person onto the premises.

Managing intoxication

An ‘Intoxication Prevention Tool’ has been developed to assist licensees and their staff to manage intoxication in their premises. It is broken into three stages:

Right of refusal

Subject to the Human Rights Act 1993 (link to external website, new window), licensed premises do not have to serve alcohol at any time or to any person. It is also an offence to allow an intoxicated person, or a minor (with exceptions) to remain on a licensed premises or to allow violent, quarrelsome, insulting, or disorderly conduct to take place.

The Human Rights Act 1993 states that,

"Prohibited grounds for discrimination are:

1. sex
2. marital status
3. religious belief
4. ethical belief
5. colour
6. race
7. ethnic or national origin
8. disability
9. age
10. political opinion
11. employment status
12. family status
13. sexual orientation."

This means entry and service can be refused to anyone, at any time, but not for any of the above reasons.

Promotion of alcohol

Irresponsible promotion of alcohol

The Act describes the various ways alcohol is irresponsibly promoted.

• Anything that encourages, or likely to encourage, people to drink excessive amounts of alcohol either in a licensed premises or any other place.
• Promotes or advertises alcohol discounts of, or gives the impression of discounts, 25% or more below its ordinary price.
• Promotes or advertises alcohol that is free of charge.
• Offers any other goods or service on the condition alcohol is bought.
• Promotes or advertises alcohol in a manner aimed at or has special appeal to minors.

We can help

Before carrying out any promotional activities, we strongly recommend you discuss the content of the promotions with the Alcohol Licensing team. This will ensure you do not undertake promotions that are in conflict with the Act.

Remember it is also an offence to allow someone to become intoxicated on your premises.

Noise control and food requirements

As a licensee, you must ensure your premises does not get too rowdy. If it does, we may be called in to deal with it. This can lead to problems for you.

Complaints about noise

Complaints about excessive noise from licensed premises can be lodged with us at any time of the day or night. Noise control officers investigating the compliant will take action when the noise is of such nature as to 'unreasonably interfere with the peace, comfort and convenience of any person'.

Following a complaint, a noise control officer will visit the premises concerned and judge whether the noise is unreasonable or not. This judgement is subjective and allows for some flexibility e.g., noise at night-time is considered slightly more serious than noise during the day.

If the noise source is considered to be excessive, the noise control officer will request the premises manager to reduce the noise to a more reasonable level.

Noise can affect your licence

In cases of repeated or on-going noise problems, an abatement notice under the Resource Management Act 1991 may be issued to management, which will formally require the noise to be reduced to a more reasonable level.

Failure to comply with an abatement notice may result in prosecution under the Act and may also result in licensing inspectors recommending that the hours of operation be cut back or the renewal of the licence be declined.

As well as lodging noise complaints at the time the noise occurs, objections based on noise problems can be lodged by the public against new or renewal licence applications.

Food and your responsibilities

Any premises holding an alcohol licence must also have a suitable range of reasonably priced food available. The quality and type of food will vary depending on the size and nature of the premises and clientele. If you are preparing or storing food on the premises, you will need to be registered under the Food Act 2014 (link to external website, new window).

Penalties and enforcement

The sale and supply of alcohol is enforced by the Police. In New Zealand police have the right to enter a licensed premises and make sure licensees are complying with the Sale and Supply of Alcohol Act 2012.

Penalties for failure to comply are outlined in the Sale and Supply of Alcohol Act 2012 (link to external website, new window).