ANZAC Day 2021 - Trading Hours, Special Licences and Employee Entitlements
8 April 2021
ANZAC Day 2021 is only a couple of weeks away and no doubt our RSA members are anticipating a huge turn out after last years commemorations were held from within bubbles. This ANZAC Day falls on Sunday 25th April, the public holiday is Mondayised for those whom Sunday is not otherwise a working day.
Below is an overview on trading hours, special licence requirements and employee entitlements for ANZAC Day.
Trading Hours for Club Licence Holders
Section 47 Sale and supply on Anzac Day morning, Good Friday, Easter Sunday and Christmas Day restricted: on-licences does NOT relate to club licences. Holders of club licences are able trade as usual on these days.
For Club Licence holders that are not members of RNZRSA the thing you need to be mindful of for ANZAC Day where you may be looking to open earlier, is whether your Territorial Authority uses the Default National Maximum Trading Hours of 8am on any day to 4am on the next day, or whether the Territorial Authority has a Local Alcohol Policy with different trading hours as these will override the default national maximum and any conditions specified on your current individual club licence.
Clubs (that are not RSAs) wishing to open earlier than usual on ANZAC Day will need to check their Club Licence, Local Alcohol Policy and may be required to have a special licence in place.
Section 47A Anzac trading hours for licensed RNZRSA clubs
Section 47A of the Sale and Supply of Alcohol Act 2012 applies to;
- premises which house an RNZRSA club; and
- the club holds a club licence for the premises.
Where clubs meet the above criteria, they are permitted to trade from 4am to 1pm on ANZAC Day without the need to apply for a special licence.
It is important to note that section 47A only relates to trading hours and does not overide section 60 of the Sale and Supply of Alcohol Act. If section 47A applies to your club but you intend to sell or supply to the public (individuals who are not authorised customers or authorised visitors) you will need a special licence.
Trading Hours for Off Licence holders
For clubs who hold an off-licence you will need to ensure that no alcohol is sold on or delivered from the premises before 1pm on ANZAC Day.
If you are unsure ask, get in touch with your local licensing inspector and discuss the options available to your club.
This year ANZAC Day falls on a Sunday and therefore is subject to Mondayisation. We have produced a flow chart to help you determine an employee's entitlement for ANZAC 2021.
As always determining public holiday entitlements all begins with whether the day the public holiday falls is otherwise a working day for the employee.
An employee who normally works on the day the Public Holiday falls (Sunday):
For employees who normally work on the day the public holiday falls, in this case Sunday then it is relatively straight forward to determine their entitlements as the public holiday is observed on the day it falls (Sunday 25th April).
If the employee normally works on the day that the Public Holiday falls and they are not required to work (are given the public holiday off) they have the day off with normal pay (relevant daily pay).
If the employee normally works on a Sunday and is required to work, they are entitled to time and a half for the hours worked plus an alternative holiday (lieu day).
For employees who normally work a Sunday this is the day they will observe the public holiday (the Public Holiday is not Mondayised) and they will have no further entitlements on the Monday regardless of whether Monday is also considered an otherwise working day.
An employee who does not normally work on the day the Public Holiday falls (Sunday) but usually works on a Monday:
The employee works on Sunday and not Monday: In this situation the employee would be paid their normal rate for working Sunday. The employee will then have the day off on Monday and will be entitled to be paid their relevant daily pay or average daily pay.
The employee works on the Monday and not Sunday: As the employee does not usually work a Sunday this is a normal day off and the public holiday entitlements are transferred to the Monday. The employee will be paid time and a half for the hours worked on Monday and they will also receive a paid alternative holiday (day in lieu).
The employee works both days (Sunday and Monday): The employee will be paid their normal rate for the hours worked on Sunday and time and a half for the hours worked on Monday. The employee will also receive an alternative holiday (day in lieu).
The employee does not work either day: As they employee does not usually work a Sunday this is a normal day off and the public holiday entitlements are transferred to the Monday. The employee will then have the day off on Monday and will be entitled to be paid their relevant daily pay or average daily pay.
An employee who does not normally work on the day the Public Holiday falls (Sunday) and does not normally work on a Monday:
The employee works on Sunday and not Monday: The employee will be paid their normal rate for working Sunday as the public holiday is transferred to the Monday, there are no further entitlements on the Monday as the employee is not working on the Monday.
The employee works on Monday and not Sunday: The Sunday is a normal day off with no holiday entitlements for the employee as the pubic holiday is transferred to Monday. The employee will be paid time and a half for the hours worked on Monday. They are not entitled to an alternative holiday (day in lieu).
The employee works both days: The employee will be paid their normal rate for working on Sunday and paid time and a half for working Monday. They are not entitled to an alternative holiday (day in lieu).
The employee does not work either day: These are normal days off for the employee, they are not entitled to any payment for Sunday or Monday and are not entitled to an alternative holiday (day in lieu).
The entitlement to an alternative holiday is irrespective of the time worked on the public holiday. For example, where an employee works from 5pm on April 24 to 3am on ANZAC Day (and the day that ANZAC Day falls is otherwise a working day for that employee), that employee is entitled to a whole alternative holiday paid at the employee's relevant daily pay for the day the alternative holiday is taken.
Alternative holidays are taken on agreement between employers and employees and must be on a day that would otherwise be a working day for that employee, the employee's alternative holiday entitlement can be used at any time on the agreement of the employee and the employer so long as the day it is taken is considered an otherwise working day for the employee.
For more information on getting prepared for ANZAC day please give the team at National Office a call on 0800 4 CLUBS or visit www.employment.govt.nz
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