Auckland City Council
Media release

13 August 2009

Integrated approach to liquor licensing proposed

Aucklanders will soon have the opportunity to give their views on Auckland City Council's draft Liquor licensing policy, which was considered today by the City Development Committee.

The policy will be used to support the safe and responsible enjoyment of liquor and to provide a framework for consistent decision-making regarding liquor licensing in Auckland city.

The draft Liquor licensing policy works within the parameters of the Sale of Liquor Act 1989 and will guide the council in its role as the District Licensing Agency (DLA) when issuing liquor licences and managers’ certificates.

The draft policy relates to all on, off and club licences for the sale or supply of liquor in Auckland city:

• an on-licence authorises the sale or supply of liquor for consumption on the premises (eg bars, pubs, restaurants, nightclubs and entertainment venues)

• an off-licence authorises the sale or supply of liquor for consumption off the premises (eg bottle stores, supermarkets and grocery stores)

• a club licence authorises the sale or supply of liquor to club members and their guests (eg sports and social clubs). Liquor cannot be removed from the premises.

It will apply to existing licensees as well as new licensees, and addresses matters such as hours and objections to licence applications.

A variety of options have been assessed in the development of the draft policy and significant research and consultation has also been undertaken, including sending letters to existing licensees and meeting with key stakeholders, obtaining feedback from community boards, undertaking literature reviews and citywide resident research.

An integrated approach to liquor licensing in Auckland city is the preferred option and has formed the basis of the draft Liquor licensing policy for public consultation.

This option includes graduated closing hours for on-licences and a consistent closing time for off-licences. It also introduces incentives to reward good management behaviour by incorporating host responsibility measures as licensing conditions.

The integrated approach been recommended because it:

• recognises the different licensing needs of different areas of the city, which was reflected in stakeholder feedback

• provides consistency and transparency to licensees, decision-making authorities and the community

• encourages improved host-responsibility and best practice

• supports Auckland’s reputation as an international city where people can enjoy liquor safely and responsibly

• staggers closing times for on-licences across the city, which assist monitoring and enforcement

• reduces the negative effects of liquor consumption in Auckland city

• takes into consideration the Sale of Liquor (Objections to Applications) bill, the Sale and Supply of Liquor and Liquor Enforcement Bill as well as the Law Commission Review

Chairperson of the City Development Committee, Councillor Aaron Bhatnagar, says it is important the council’s liquor licensing policy reflects the needs of the community.

“Initial stakeholder feedback emphasised that to be successful, the liquor licensing policy must balance the development of Auckland as a vibrant world-class city with the need for liquor-related activities to be enjoyed with minimal risk of harm.

“The draft policy encourages host responsibility and best practice, and recognises that different parts of the city have different liquor licensing needs. We encourage community groups and all interested parties to have their say when consultation begins at the end of the month,” says Mr Bhatnagar.

The City Development Committee has referred the draft policy to Council for consideration at its meeting on 27 August.

If endorsed, a month long period of consultation will then begin, allowing the public to make submissions on the draft policy until 7 October 2009. Submitters will be given the opportunity to present verbal submissions to a Hearings Panel in October/November 2009.

The Hearings Panel will then write a report outlining the submissions received and recommending a final liquor licensing policy to Council by December 2010.

The Law Commission’s current review of New Zealand’s liquor legislation has also been taken into consideration during the development of the council’s draft liquor licensing policy, as well as two proposed Bills relating to liquor legislation which are still at select committee stage.

“It is very timely that the Law Commission’s review of the national liquor laws is out for consultation simultaneous to Auckland City Council’s new draft policy. It provides a good opportunity to have robust debate about these issues which greatly affect our communities,” says Mr Bhatnagar.

Ends

The council currently has a case-by-case approach to licensing which treats each application on its merits. A copy can be found at:
http://wwwaucklandcity.govt.nz/council/documents/alcoholstrategy/contents.asp

A summary of the new draft Liquor licensing policy is included below:
Summary of draft Liquor licensing policy
Licensing guidelines for on-licences
Premises such as bars, pubs, restaurants and taverns require an on-licence to sell or supply liquor. An on-licence authorises the sale or supply of liquor for consumption on the premises. Liquor cannot be removed from these types of premises.
(a) General conditions of an on-licence
The draft Liquor licensing policy outlines the conditions that apply to all on-licences in Auckland city. These conditions will be in addition to those prescribed by the Sale of Liquor Act 1989 and relate to:
• the availability of food, water and low and non alcoholic drinks
• server training requirements
• promotion of liquor.

(b) Licensing hours of an on-licence and special conditions
The draft policy sets out the proposed licensing hours for on-licences in Auckland city. The key points are summarised below:
• each licensee’s licensing hours will depend on the location of the on-licence. There will be different hours for the CBD, entertainment precinct areas and the rest of the isthmus/ Hauraki Gulf Islands
• within each area, base licensing hours will apply to all new on-licences for their first year of operation (see the table below)
• after their first year of operation, licensees can apply for extended licensing hours as part of their licence renewal application. All licensees requesting extended licensing hours will be required to meet certain additional conditions (e.g. security requirements, additional server training requirements). These conditions are set out in detail in the draft policy
• in some exceptional circumstances, where the potential negative effects of an on-licensed premise are mitigated and virtually non-existent, the DLA and LLA may exercise their discretion in relation to the appropriate licensing hours and conditions for a particular on-licence. The policy provides guidance about when such an exception may apply.

The following table outlines the maximum licensing hours for on-licences and the conditions that will apply within the CBD, specific entertainment precinct areas and the rest of the isthmus/Hauraki Gulf Islands.
CBD Entertainment precinct areas Rest of the isthmus / the Hauraki Gulf Islands
Base licensing hours 7am – 1am
7 days a week
Conditions relating to:
• availability of food, drinking water and low and non-alcoholic beverages
• host responsibility training
• promotion of liquor 7am – 1am

7 days a week
Conditions relating to:
• availability of food, drinking water and low and non-alcoholic beverages
• host responsibility training
• promotion of liquor 7am – 11pm

7 days a week
Conditions relating to:
• availability of food, drinking water and low and non-alcoholic beverages
• host responsibility training
• promotion of liquor
Extended licensing hours 7am – 3am

7 days a week
The above conditions, plus the following conditions relating to:
• clean record
• security staff
• server training 7am – 3am

7 days a week
The above conditions, plus the following conditions relating to:
• clean record
• security staff
• server training
• one-way door from 2am 7am – midnight

7 days a week
The above conditions, plus the following conditions relating to:
• clean record
• security staff
• server training
24 hour licensing 24 hours a day

7 days a week
The above conditions, plus the following conditions relating to:
• CCTV
• one-way door from 4am
• extra host responsibility measures after 3am

Licensing guidelines for off-licences
Premises such as bottle stores, supermarkets and grocery stores require an off-licence to sell or supply liquor. An off-licence authorises the sale or supply of liquor for consumption off the premises.
(a) General conditions of an off-licence
The draft Liquor licensing policy outlines the conditions that apply to all off-licences in Auckland city. These conditions will in addition to those prescribed by the Sale of Liquor Act 1989 and relate to:
• server training requirements.

(b) Licensing hours of an off-licence
The draft policy outlines the proposed hours of operation for all off-licences within Auckland city. The key points are summarised below:
• the general licensing hours for all off-licences within Auckland city (including supermarkets and 24/7 grocery stores) will be 7am to 10pm, seven days a week
• in some instances, the proximity of an off-licence to certain community premises may be considered when determining the licensing hours of that premises. The draft policy sets out the circumstances when this may apply. Due to the high-density, mixed-used nature of the inner-city, this rule does not apply to off-licences within the CBD.

Licensing guidelines for club licences
Clubs such as sports and social clubs require a club licence to sell or supply liquor. A club licence authorises the sale or supply of liquor to club members and their guests. A club licence authorises the sale or supply of liquor for consumption on the premises. Liquor cannot be removed from these types of premises.
(a) General conditions of a club licence
The draft Liquor licensing policy outlines the conditions that apply to all club licences. These conditions will be in addition to those prescribed by the Sale of Liquor Act 1989 and relate to:
• the availability of food, water and low and non alcoholic drinks
• server training requirements
• promotion of liquor.

(b) Licensing hours of a club licence
The draft policy proposes standard licensing hours for club licences. The proposed hours are from 7am to 1am the following day.

Expectations for holders of general managers’ certificates
If a licensed premises is operated in a manner that does not comply with the Sale of Liquor Act 1989 or the guidelines set out in the policy, the DLA may apply to the LLA to have the general manager’s certificate of the relevant duty manager suspended until the duty manager re-sits the Licensed Controllers Qualification (LCQ) successfully. This section aims to encourage host responsibility and enhance the accountability of general managers.

ENDS

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