Sale and Supply of Alcohol Act 2012 - Regulations
- Created on Sunday, 24 November 2013 13:54
The new Sale and Supply of Alcohol Act 2012 Regulations have now been set and are available through the links below on the New Zealand Legislation website.
Information regarding Manager's Certificate qualifications, Manager's Certificate Fees and Manager's On Duty are covered in the Sale and Supply of Act 2012; Sale and Supply of Alcohol Regulations 2013 and the Sale and Supply of Alcohol (Fees) Regulations 2013.
There has been some confusion around the requirement for Manager's Certificates and Managers on Duty which are two separate issues. Section 212, 216, 217 and 218 cover the requirement to hold a manager's certificate whereas Section 214; 215 and 110 (1) (e) refers to a manager on duty at all times:
The reason a Club needs to have at least one person with a Manager's Certificate is covered under:
- Section 212 – Appointment of managers – Club Licences: Every holder of a club licence must appoint a manager or managers in accordance with Subpart 7 –Management of Licensed Premises.
- Section 216 – Managers to hold certificate – (1) A person may not be appointed as a manager of any licensed premises for the purposes of this Act unless the person is of or over the age of 20, and holds a manager's certificate granted under this part.
- Section 217 – Manager's Certificate – A manager's certificate authorises the holder to manage any licensed premises.
- Section 218 – Manager must hold prescribed qualification – The licensing authority or a licensing committee must not issue or renew a manager's certificate on or after the commencement of this section unless the manager holds a prescribed qualification.
The necessity as to whether a Club must have a Manager on Duty is covered under:
- Section 214 - Manager to be on duty at all times – Except as provided in Section 215, a manager must be on duty at all times when alcohol is being sold or supplied to the public on any licensed premises.
- Section 215 - Circumstances where section 214 does not apply – The requirement to a have a manager on duty at all times when alcohol is being sold or supplied to the public on any licensed premises does not apply to –
- (a) premises for which a club licence is held.
- Section 110 (1) (e) – Particular conditions: on licences and club licences – The licensing authority or licensing committee concerned may issue an on licence or club licence subject to conditions:
- In the case of a club licence, conditions requiring a manager to be on duty.
Finally there is some conjecture over whether a Club needs to display the name of the Manager in the Club premises. This is covered in:
- Section 214 (3) – At all times while a manager is on duty on any licensed premises, the full name of the manager must be prominently displayed inside the premises so as to be easily read by people using the premises; and the person named as manager at any times is to be treated for the purposes of this Act as the manager at that time.
It should be assumed that, for whatever reason, if a manager can't be on duty then no name should be displayed.
SALE AND SUPPLY OF ALCOHOL ACT 2013 - REGULATIONS
The regulations for the Sale and Supply of Alcohol Act 2012 have now been made and are available on-line. Also the Statutes Amendment Bill has passed its final stages in Parliament - which contains some amendments to the SSAA. The notes below introduces these issues and provide links to the regulations. Please feel free to use this to inform your membership should you wish.
It should be noted that the final fees for Off Licence and Club Licence have been amended, as requested by Clubs New Zealand. Club Off Licences for all classes now have a weighting of only 5 rather than the original 10 which will reduce renewal costs for all clubs.
Regulations related to the Sale and Supply of Alcohol Act 2012 have now been made:
- The Sale and Supply of Alcohol Regulations 2013 cover: evidence of age documents; matters related to grocery stores; remote sales; local alcohol policies; notifications to ARLA; managers certificates and qualifications; licensing and community trusts; infringement fees; public notice of applications; and forms.
- The Sale and Supply of Alcohol (Fees) Regulations 2013 include a small number of changes compared to the regime described on the Ministry of Justice's website in September 2013. These were as a result of feedback received by the Ministry on technical and implementation issues. Overall, however, the final regime has changed little from September.
- The Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013 empowers any council to set certain fees through bylaws.
- The Local Government (Alcohol Ban Breaches) Regulations 2013 have also been made.
All the above come into effect on 18 December 2013.
Statutes Amendment Act passed
The Statutes Amendment Act has passed its final stage in Parliament and will become law once it receives Royal Assent.
It addresses a number of issues in the Sale and Supply of Alcohol Act including mini-bars, which will be exempt from the 8am - 4am maximum trading hours limits that come into force on 18 December 2013.
Clarification of trading hours
The new maximum trading hours come into force on 18 December, so operators must comply from their first full trading day.
The Ministry of Justice and Police agree that this means on-licences such as bars and nightclubs will have to stop trading at 4am on the morning of Thursday 19 December 2013 if their existing licence is for longer.
All off-licences (except for those held by caterers, which will now be treated as on-licences and have a maximum trading time of 4am) will have to stop trading at 11pm on Wednesday 18 December 2013 or earlier if their existing licence is for an earlier time.
For more information on the new Regulations or if you have any questions please get in touch with National Office on 0800 4 CLUBS.