Your responsibilities under the Sale of Liquor Act
Wednesday, 18 August 2010 14:19
Clubs have a long standing respect within the community for their commitment to host responsibility practises and protection of their members, guests and employees. Clubs New Zealand has recently been in communication with member clubs and the public has been alerted to a few news articles which have the potential to undermine the above statement.
As you will all be aware late last year Clubs New Zealand along with input from numerous clubs tabled a submission to the Law Commission detailing a shining record in regards to the Sale of Liquor Act, host responsibility practises and our outstanding reputation in the community. There is a great concern that the actions of a few clubs (which have recently been thrust into the media spot light) could greatly contradict what the association and the club movement has been saying, and could potentially destroy the image fellow member clubs have worked so hard to create.
We are again urging clubs to ensure that all practises around the sale and supply of liquor are in line with the Sale of Liquor Act 1989. The questions must always be asked, "is that sale (a pint of beer)" worth possible fines and suspensions of your licence.
Detailed below are some of the penalties for infringements of the Sale of Liquor Act 1989;
|
Offence |
Section |
Licensee or manager |
Bar staff |
|
Promotion of excessive consumption of alcohol |
154A |
$5,000 |
|
|
Sale or supply of liquor to minors |
155 |
$10,000. The licence may also be suspended for up to seven days |
$2,000 |
|
Employment of a minor in a restricted area |
161 |
$2,000 |
|
|
Allowing minors to be in a restricted or supervised area |
164 |
$2,000 |
|
|
Unauthorised sale or supply, i.e. outside the conditions or hours of the licence |
165 |
$20,000. The licence may also be suspended for up to seven days. |
|
|
Sale or supply to an intoxicated person |
166 |
$10,000. The licence may also be suspended for up to seven days |
$2,000 |
|
Allowing a person to become intoxicated |
167 |
$10,000. The licence may also be suspended for up to seven days |
|
|
Allowing drunkenness or disorderly conduct on a licensed premises |
168 |
$4,000 |
|
|
Sale of spirits otherwise in a glass |
169 |
$2,000 |
$2,000 |
|
Allowing a person on a licensed premises outside licensing hours |
171 |
$10,000 |
|
|
Refusal or failure to supply licence to supply licence and assistance to Police |
175 |
$2,000 |
$2,000 |
Committee members, managers and staff involved in the sale of liquor must have an understanding of their obligations under the Sale of Liquor Act 1989. One recent story outlined how a clubs executive was pressuring staff into serving intoxicated members. Not only does this open the club up to fines and suspensions, the employees could have grounds for a personal grievance for being pressured into breaking the law.
Again this is the time to make sure your club is operating within the law. Check your staff understand their obligations and ensure committees, managers and staff are familiar with the clubs policies, procedures and rules.
Clubs New Zealand offers Clubwise training for committee members which covers your obligations under the law, any clubs interested in attending Clubwise training should contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
If you have any questions about the above please contact 0800 4 CLUBS.