Alcohol Newsletter - Autumn 2023

Ngahuru Autumn 2023

Alcohol licensing tips and reminders

Summer may seem to have come and gone super quick this year but don't despair - more holidays are on the way! April has two significant holidays. Easter begins Friday 7 April and is followed by Anzac Day on Tuesday 25 April. If you're planning any special events on these public holidays, you may need to apply for a Special Licence. We have more tips and reminders below to help you prepare for the new season.

ANZAC and Easter 'on licence' trading

All 'on licence' operators can sell or supply alcohol on Good Friday, Easter Sunday or before 1pm, Anzac Day only to: people residing or lodging on the premises, or who are there to dine. Dining times (which allow someone to consume alcohol) are defined as when someone is eating, ordering or finishing a meal at a normal eating time. Meals must also be a reasonable size.

Understanding alcohol applications

The licensee is responsible for ensuring applications are submitted in time for new, renewing, variation or special licences. Filing requirements are outlined in Section 99, 127 and 137 of the Sale and Supply of Alcohol Act 2012. A complete application means the form has been correctly completed, with all required information included, and the fee has been paid.

Toolkits

District Licensing Inspectors are required to carry out unannounced inspections to monitor compliance with the Sale and Supply of Alcohol Act. All premises should have a 'toolkit' onsite which includes an overview of information relevant to your alcohol licence, including your legal obligations and responsibilities. To request a toolkit email DLG@fndc.govt.nz.

Understanding your licence conditions

Do your staff know the conditions of your alcohol licence? It's your responsiblity to make sure they know any conditions that apply, as well as the licenced area where alcohol is permitted for sale, supply or consumption. Not knowing the conditions specific to your licence may result in a breach, which could lead to a fine or it could impact your licence at renewal time.

Making sure water is freely available

Providing water is one of the best tools for preventing patrons from becoming intoxicated and is a condition of all licences. Make sure the location of fresh drinking water is not obstructed during busy times. Remember to remind your staff to keep providing water to anyone consuming alcohol, to regularly refresh water stations, and to ensure clean glasses are available.

Notifying Duty Manager appointments

If your Duty Managers are not correctly appointed your alcohol sales could be unauthorised and you are liable for a fine of up to $2,000. A Duty Manager Appointment or Notice of Management Change form should be completed when a new Duty Manager starts at any licensed premises. The licensee is responsible for formerly appointing their Duty Managers.

ANZAC and Easter 'off licence' trading

Off licence operators cannot sell or deliver alcohol on

Good Friday or before 1pm on Anzac Day.

On Easter Sunday you can't sell or deliver alcohol unless it is:

grape or fruit or vegetable wine made on the premises

or made from produce harvested from the land on which premises are situated.

In 2017, the Far North District Council adopted the Easter Sunday Trading Policy which allows shop and business owners to trade on Easter Sunday. Please be aware that this policy does not allow premises to sell alcohol unless they comply with the conditions above. To check if you can open for trading please visit Employment NZ.

Making evacuating your premises easier

Cyclone Gabrielle was a good reminder that operators need to be aware of what to do ahead of emergency events to ensure evacuations run smoothly if required.

Regular checks needed for your EVAC scheme include:

Access ways are clear and escape routes are not obstructed - this includes any temporary structures (e.g. when having entertainment onsite).
ALL exit doors are clear, easily visible and unlocked.
Fire action notices are displayed and easily visible.
Exit signage and assembly areas are clearly marked and identified.
Wardens are aware of their responsibilities, their identification is readily available (e.g. hat, high viz vest), and they know where these are.
Trial evacuations are up-to-date and lodged with Fire and Emergency NZ.
The maximum number of patrons for the premises is well known and NOT exceeded.
Fire alarm systems (including smoke alarms, heat detectors, and any manual call points) are checked and functioning. Your alarm agent can assist with this.

Thanks for your ongoing support in meeting your EVAC scheme requirements.

Temporary Manager

vs

Acting Manager

If you change a Duty Manager at your business, or hire a Temporary Manager, let us know by filling out a Notice of Management Change within two working days.

We also need to know who the Temporary or Acting Manager is replacing.

DLC and NZ Police requirements to be aware of:

Temporary Managers must apply for a Manager's Certificate within two working days of being appointed.
If a Temporary or Acting Manager is appointed, this change needs to be noted in your register of managers.
If a Duty Manager is absent from work, on annual leave or sick leave and is replaced by a Temporary Manager you need to let us know with a Notice of Management Change.
A Duty Manager on sick leave or absent from work can be replaced for up to three weeks at a time by an Acting Manager.
An Acting Manager can replace a Duty Manager on annual leave for six weeks in any 12 month period.