The Manager's Guide PDF - Health New Zealand

THE MANAGER’S GUIDE: A GUIDE TO THE SALE AND SUPPLY OF ALCOHOL ACT 2012 Health Promotion, Health New Zealand - Te Whatu Ora Email: [email protected] For help contact the...

THE MANAGER’S GUIDE: A GUIDE TO THE SALE AND SUPPLY OF ALCOHOL ACT 2012 Health Promotion, Health New Zealand - Te Whatu Ora Email: [email protected] For help contact the The Manager’s Guide Alcohol Drug Helpline on 0800 787 797 A GUIDE TO THE SALE AND SUPPLY OF To order resources visit resources.alcohol.org.nz ALCOHOL ACT 2012 AL575 | APR 2024 Disclaimer The information contained in this Guide is intended as a general guide. While reasonable measures have been taken to ensure that the information is current and accurate as at August 2020, Health New Zealand | Te Whatu Ora cannot accept any liability for any inaccuracy, omission or deficiency in relation to the information. It is not legal advice and you should not rely on anything contained in this Guide in any legal proceedings. The information provided does not replace or alter the laws of New Zealand, and you should consult the legislation and obtain your own legal and professional advice as appropriate. Health Promotion will not accept liability for any action taken in reliance on anything contained in this Guide. At the time of printing, the legislation in this Guide is current. As changes to legislation and regulations can occur at any time, please check the current obligations with the relevant statutory organisation or authority.  The Manager’s Guide 1 Contents Overview..................................................................................................................................................................2 The licensed premises............................................................................................................................12 The manager...................................................................................................................................................27 Host Responsibility.................................................................................................................................... 32 Penalties................................................................................................................................................................61 Other relevant legislation.................................................................................................................. 67 Safety tips........................................................................................................................................................... 79 2 The Manager’s Guide Overview Alcohol harm What is alcohol? Many people view alcohol as a Alcohol is no ordinary commodity. drink that causes no apparent There are laws about almost harm. However, even low alcohol everything relating to alcohol use carries health and social – who can manufacture it, who risks and can lead to injury, can sell it, when it can be sold, drunk-driving offences, assaults where it can be sold, the size of (including sexual assaults), and containers in which it can be sold, whānau/family violence. Alcohol how it can be promoted, and so on. is a contributing cause to over So why does alcohol require so 60 different diseases and health much special attention? conditions and, for almost all, heavier alcohol use means higher Only some types of alcohol are risk. These include cancers and fit for human consumption while conditions affecting the liver, others, like fuels and solvents, are stomach, food pipe, intestines, poisonous to humans. The alcohol heart, blood, immune system, we drink is known as ethanol or nervous system and sex organs. ethyl alcohol and can also be Alcohol also harms the developing poisonous if consumed in too great baby in their mother’s womb which a quantity. It is because alcohol may result in lifelong disability. As a has an intoxicating effect that it server of alcohol you are required must be treated carefully and under the Sale and Supply of Alcohol responsibly by those providing Act 2012 to minimise the harm and consuming it. caused by the excessive or inappropriate consumption of alcohol. You also have a vital role to play in communicating safe and responsible drinking messages to your customers.  The Manager’s Guide 3 The Sale and Supply of Alcohol Act things down, causing symptoms of 2012 defines alcohol as: intoxication – relaxation, laughter, slurred speech, inability to walk “a substance straight, and impaired judgement a) that is or contains a and coordination. fermented, distilled, or The liver ultimately breaks spirituous liquor; and at 20°C down the alcohol to enable its is found on analysis to contain elimination from the body. This is 1.15% or more ethanol by done at a slow and constant rate, volume; or taking approximately one hour to b) that is a frozen liquid, or a process one standard drink. So mixture of a frozen liquid when people consume alcohol and another substance or at a rate faster than one standard substances; and is alcohol drink per hour, alcohol concentration when completely thawed to increases in the blood and they 20°C ; or can become intoxicated. c) that, whatever its form, is Factors influencing found on analysis to contain the effect of alcohol 1.15% or more ethanol by on individuals weight in a form that can be Understanding how the body deals assimilated by people.” with alcohol can help to minimise What happens when alcohol its harmful effect on the body. is consumed? Various factors may influence the effect alcohol has on the person When alcohol is swallowed, it drinking it. Some of these are passes more or less unchanged beyond the influence of the person into the bloodstream through the selling or supplying alcohol; others walls of the stomach and small may be able to be controlled by intestine. Once in the bloodstream, the individual and are open to alcohol circulates throughout the being influenced by bar staff. body within minutes. As it travels around the body it starts to slow 4 The Manager’s Guide Factors that influence the Individual tolerance – Some effect of alcohol people can drink more than others Body size – Generally speaking, the even if all the other factors are larger a person is, the more water taken into account. This is called they carry in their bodies. Therefore, ‘individual tolerance’. Tolerance is the alcohol is more diluted and the also affected by drinking patterns. person is affected less. Bar staff may get to know their Gender – Females generally have regulars and become aware of a lower muscle-to-fat ratio in their those with low tolerance who need bodies than males and this means extra monitoring. they tend to have less water for Drugs – Whether legal or illegal, their weight than males. As with drugs can interfere with how body size, this leads to alcohol the body reacts to alcohol. having a more concentrated effect Even common, over-the-counter on women than on men, even if medications can reduce the they are exactly the same body body’s ability to deal with alcohol weight. Chemical differences effectively. Other drugs can have between men and women also more dramatic effects.1 make men better able to process As a bartender, it is unlikely that alcohol than women. you will be able to easily distinguish General state of health – Someone whether a person is intoxicated due who is ill, undernourished or to alcohol or drug consumption, or recovering from an operation or a combination of the two. As far as injury is generally not able to cope the law is concerned, the cause of with alcohol as well as a fit and intoxication doesn’t matter. Anyone healthy person. Heart and lung who is intoxicated must be denied disease, influenza, epilepsy, service and removed from the diabetes and acute infections can premises or to a place of safety. all leave a person’s body less able to cope with alcohol. 1 For further information refer to Drugs in Bars: A guide for licensees available online from resources.alcohol.org.nz.  The Manager’s Guide 5 Bar staff can influence Encourage patrons to eat. the effect of alcohol Remember, at certain times of the Rate of consumption – The day this may be more important. relationship between the amount For example, if a group has come of alcohol consumed and the time straight from work it may be a long over which it is consumed has a time since they have eaten. Some very important effect on how the bars provide free snacks and all body copes with alcohol. This is must provide a reasonable range because the body (liver) can only of food for sale. process approximately one standard Mood – A person’s mood may drink per hour. If a person drinks affect the way they react to alcohol. more quickly than this, the alcohol Be aware of a customer’s mood will build up in the bloodstream, and try to influence it positively where it acts to depress the central if possible. nervous system. Environment – The environment in Slowing the rate of consumption for which a person drinks can someone starting to show signs of influence the speed at which they becoming intoxicated is important. drink. For example, if entertainment Encouraging non-alcoholic or low- or activities such as pool, dancing alcohol drinks or slowing service or karaoke are available, less focus are very effective intervention tools. is placed on the consumption Food – Food in the stomach acts of alcohol and they are likely to to slow down the speed at which drink less. alcohol is absorbed into the Encouraging patrons to participate bloodstream and reduces the in activities or entertainment can effect alcohol has on the body. slow the rate of drinking. High-protein and high-fat foods work best to slow down the absorption rate, as they take longer to digest. It is good to eat food before and during the consumption of alcohol. 6 The Manager’s Guide The Sale and Supply of For more information on the Sale Alcohol Act 2012 and Supply of Alcohol Act 2012, refer to the legislation itself (which The object of the Sale and Supply can be found at http://www. of Alcohol Act 2012 (the Act) is that:2 legislation.govt.nz) or contact a. the sale, supply, and your local regulatory agencies consumption of alcohol should or training provider for advice. be undertaken safely and responsibly; and Regulatory agencies b. the harm caused by the excessive Several agencies have a statutory or inappropriate consumption of role in ensuring licensed premises alcohol should be minimised. are operating according to the law. These agencies can also The harm caused by the excessive apply to have a licence suspended, or inappropriate consumption of varied or cancelled if they have alcohol includes:3 evidence that premises are c. any crime, damage, death, breaching the Act. Each agency disease, disorderly behaviour, has a particular focus for its input illness, or injury, directly or into the licensing process. indirectly caused, or directly or indirectly contributed to, by These agencies include: the excessive or inappropriate Alcohol Regulatory and consumption of alcohol; and Licensing Authority (ARLA) d. any harm to society generally District Licensing Committee or the community, directly or (DLC) indirectly caused, or directly or Licensing Inspector indirectly contributed to, by any Police crime, damage, death, disease, Medical Officer of Health disorderly behaviour, illness, (MOoH). or injury of a kind described in paragraph (a). 2 s.4(1). 3 s.4(2).  The Manager’s Guide 7 A Licensing Inspector or determining applications representatives from the Police for variation, suspension or and MOoH are likely to visit your cancellation of licences and premises to conduct a compliance Manager’s Certificates from the check from time to time to ensure Police or a Licensing Inspector7 you are meeting the conditions giving direction or statements of your licence and the provisions to DLCs8 of the Act. advising people of the Alcohol Regulatory and appropriate licensing Licensing Authority committee9 ARLA is the overarching national referring matters to DLCs for body set up to govern the Sale enquiry and report10 and Supply of Alcohol Act. ARLA other functions conferred on comprises up to three District it by any Act.11 Court Judges (one of whom will be the Chairperson) and any number of other members.4 District Licensing Committees The DLC is part of the territorial Functions of ARLA include: authority (or local council) and is determining applications for deemed to be a Commission of licences and renewals and Inquiry. It also acts as a conduit Manager’s Certificates and for information to ARLA. Each renewals referred to it by DLCs5 territorial authority must appoint determining appeals arising one or more licensing committees from decisions of DLCs6 to manage licensing matters within that district. 7 s.170(d). 8 ss.172 and 176. 4 s.179(1). 9 s.173. 5 s.170(a). 10 s.175. 6 s.170(b). 11 s.170(e). 8 The Manager’s Guide Functions of the DLC include: Inspectors do NOT have to identify determining applications for themselves immediately and may licences, Manager’s Certificates observe the operation of the and renewals12 licensed premises before determining temporary approaching management. They authority applications (on-/ will have evidence of identity to off-licences)13 show they are a Licensing Inspector. determining applications for Functions of the Licensing varying, suspending or Inspector include: cancelling special licences14 enquiring into and reporting referring applications to ARLA15 on applications for licences conducting enquiries and making and renewals,19 and Manager’s reports as required by ARLA16 Certificates and renewals20 to the DLC or ARLA other functions conferred on it by any Act.17. monitoring licensed premises’ compliance with the Licensing Inspector requirements of the Act and reporting to the DLC or ARLA21 The chief executive of each territorial authority must also appoint one or appearing and being heard at more Licensing Inspectors within ARLA and DLC hearings, appeals its district. Inspectors have power and other matters22 of entry to any licensed premises applying to ARLA for variation, at any reasonable time and the suspension and cancellation ability to require to see the licence of licences and Manager’s or any records reasonably required Certificates23 to establish compliance with the Act.18 making appeals to ARLA 12 s.187(a) and (b). 13 s.187(c). 14 s.187(d). 19 ss.103, 129 and 141. 15 s.187(f). 20 ss.220 and 225. 16 s.187(g). 21 s.197(2). 17 s.187(h). 22 ss.204(3), 205 and 206. 18 s.267. 23 s.206.  The Manager’s Guide 9 issuing specified infringement monitoring licensed offence notices24 premises’ compliance with the providing information for requirements of the Act and development of local alcohol reporting to the DLC or ARLA policies (LAPs)25 ordering the closure of a licensed premises in the case exercising the power to of rioting, fighting or serious seize alcohol and containers disorder, a threat to public without a warrant for the health, public nuisance or for purpose of analysis. 26 certain criminal offences. The closure can be for up to 24 hours Police from the end of the day on Police have a statutory role under which the order was made29 the Act to enquire into all licence applying to ARLA for the applications and monitor licensed variation, suspension or premises to ensure compliance cancellation of a licence with the Act. Police have power of advising ARLA when a licensee entry to any licensed premises at or manager has been convicted any reasonable time and the ability of an offence relating to the sale to require to sight the licence (this and supply of alcohol to minors, must be displayed at the main unauthorised sale or supply, entrance) or any records reasonably sale or supply to intoxicated required to establish compliance people, or allowing people to with the Act.27. become intoxicated Functions of the Police include: issuing an infringement notice enquiring into, and where to any person alleged to have necessary reporting on, all committed certain offences applications for licences, under the Act30 Manager’s Certificates and exercising the power to seize renewals to the DLC or ARLA28 alcohol and containers without a warrant for the purpose of analysis.31 24 s.262. 25 s.78(4). 26 s.268(2). 29 s.266. 27 s.267. 30 s.262. 28 s.103(3). 31 s.268(2). 10 The Manager’s Guide Medical Officer of Health Monitoring and The Medical Officer of Health compliance checks (MOoH) also has a statutory Police, Licensing Inspectors reporting role and may delegate and the MOoH have a duty to powers and functions to any suitably collaborate in monitoring licences qualified or trained person.32 and enforcing the Act, and to Functions of the MOoH include: implement strategies for reducing alcohol-related harm.37 Proactive enquiring into applications monitoring and enforcement benefit for licences and renewals the community in several ways: and, where necessary, making reports to the DLC or ARLA33 The visible presence of enforcement officers can have a providing information for deterrent and educational effect development of LAPs34 on premises’ practices, patron reporting to DLC or ARLA where behaviour and social attitudes. there are matters in opposition35 Increased compliance with applying to ARLA for suspension the Act. of an on-licence or a club Reinforcement of public licence where there is evidence awareness that alcohol misuse, of non-compliance with public intoxication and resulting crime health requirements.36 and disorder are neither desirable nor tolerated is reinforced. Enforcement acts as a deterrent to repeat offending and discourages offending by others. Bar staff are supported in 32 s.151. refusing service. 33 s.103(3). 34 s.78(1)(4). 35 s.103(3) 36 s.286(1)) 37 s.295.  The Manager’s Guide 11 If you are visited by any of the WorkSafe NZ Inspector agencies, approach them and Smoke-free Officer be prepared to discuss the live situation with them, including Gaming Compliance Inspector customers you are watching and (Department of Internal Affairs) interventions you are making. Building Safety Officer. Be proactive. Tell them what is happening and how you are You are entitled to an explanation managing the premises. of any requests or requirements. When visiting premises, the Regulatory agencies should be able inspector or representative of a to provide you with justification for regulatory agency is likely to make any actions they require. themselves known to the manager Māori Wardens have specific of the premises and carry powers constituted under the identification. It is in your best Māori Community Development interests to be courteous to and Act 1962 to limit unruly behaviour cooperative with any inspectors. on licensed premises. “A Māori Remember that these people, like Warden may at any reasonable you, have a job to do and want time enter any licensed premises their compliance check to be of in any area where he is authorised minimum disruption to you. to carry out his duties and warn For a routine check at granting or the licensee or any servant of the renewal time they may make an licensee to abstain from selling or appointment before they call, but supplying liquor to any Māori who compliance checks can occur at in the opinion of the Warden is in any time. a state of intoxication, or is violent, quarrelsome, or disorderly, or is Occasionally your premises will likely to become so, whether be visited by other inspectors intoxicated or not.”38 or officers of the local council or regulatory agencies, including the: Environmental Health Officer 38 Māori Community Development Act 1962, Fire Risk Officer s.31. 12 The Manager’s Guide The licensed premises Types of licence auctioneer’s licence, or for certain remote sellers. On-licence Allows for the sale and supply of Club licence alcohol for consumption on the Allows for the sale and supply of premises eg, a tavern, bar, hotel, alcohol for consumption on the café, restaurant, entertainment club premises to members of the venue or a conveyance (train, club, their guests and members of plane etc). clubs with reciprocal visiting rights. At the request of the applicant Special licence on-licences may be endorsed for a BYO restaurant (allowing more Allows for the sale and supply of flexible requirements regarding alcohol to any person attending managers) or for a caterer an event eg, private function, street (allowing the sale and supply of party or sporting event. A special alcohol at any reception, function licence can also be issued to an or social gathering promoted by on-licence or club licence for an someone other than the holder of event not covered by their licence the licence). (see page 16). Applying for a licence Off-licence Application forms and details of Allows for the sale and supply what is required with a licence of alcohol for consumption off application are available on your the premises eg, bottle stores, local council website. You will need supermarkets. to pay the appropriate fees when At the request of the applicant you lodge your application. Fees off-licences may be endorsed are calculated on a cost recovery for auctioneers who hold an basis and reflect risk weighting.  The Manager’s Guide 13 It may be helpful to meet the The DLC considers and determines Licensing Inspector to explain your all licences and licence renewals. application and discuss any issues Provision is made for applications before lodging the application. to be referred to ARLA for a decision but the Chair of ARLA must give The licence application is submitted leave for this to happen. If there to the local DLC. Within 20 working are no objections, the application days of lodging the application, may be granted without a public you will need to give public notice, hearing. If there are objections, a in a newspaper nominated by the public hearing will be held unless DLC, that you have submitted an the objection is considered application. You will also need to vexatious or the objector does display, within 10 working days of not require a hearing. lodging the application, a notice in a conspicuous place on or In considering any application for adjacent to the site to which the a licence, the DLC and ARLA must application refers. consider the following criteria: Any person can object to an The object of the Act. application within 25 working days The suitability of the applicant. of the publication of the first public notice. Working days are weekdays, Any relevant local alcohol policy. excluding public holidays, and The days and hours of sale. excluding 20 December - 15 January. The design and layout Also excluded are Mondays where of premises. a public holiday falls on a weekend and is Mondayised - e.g. Waitangi The sale of goods other than Day or Anzac Day. alcohol and refreshments. The application will be sent to the The provision of other services Licensing Inspector, Police and the not related to the sale of alcohol MOoH. You will receive copies of and refreshments. their reports and any objections Whether the amenity and lodged by the public. good order of the area would be substantially reduced. 14 The Manager’s Guide The undesirability of further scale plans of the premises licences where amenity and showing: good order have already – the parts of the premises that been reduced. are to be used for the sale Whether the applicant has and supply of alcohol to systems, staff and training enable assessment of to comply with the law. whether the design and layout are appropriate Any matters reported by the Police, Licensing Inspector or – the parts of the premises (if the Medical Officer of Health. any) that are to be designated restricted or supervised areas On-, off- or club licence applications should include: – each main entrance to the premises the completed application and three copies if the applicant is a supermarket or grocery store, a plan of the if the applicant is incorporated, footprint of the premises showing a copy of the certificate the proposed configuration and of incorporation arrangement of the premises and if the applicant is a company, the perimeter of an alcohol area a copy of the memorandum if the applicant is not the owner of association of the premises, a written if the applicant is a manager statement from the owner to the acting for any person pursuant effect that they have no objection to a property order, a copy of to the issue of a licence the property order a Host Responsibility policy for if the applicant is a club, a copy the premises of the club’s constitution or rules a copy of a menu showing a photograph or artist’s the range of food that will be impression of the exterior of the available and a brief explanation premises or proposed premises of the storage, handling and a map showing the location of preparation of food the premises  The Manager’s Guide 15 a statement that the owner of obtain a Temporary Authority the premises, where required, has and then apply for a new licence. an evacuation scheme required A Temporary Authority is valid for by section 76 of the Fire and up to three months. Sometimes Emergency New Zealand Act 2017 it may take longer than three a certificate of compliance months to obtain the new licence, with the Natural and Built and in this situation the DLC may Environment Act 2023 issue another Temporary Authority if the delay is NOT of your making. a certificate of compliance In order for the DLC to issue another with the Building Code Temporary Authority, the underlying the prescribed fee. licence must still be current. Temporary Authority New premises – new licence Existing premises If you are seeking to obtain an – existing licence on- or off-licence for previously A Temporary Authority can be unlicensed premises, or premises obtained for existing premises that that do not have a current on- or currently have an on- or off- off-licence, it is not possible to licence. A Temporary Authority obtain a Temporary Authority. You allows the holder to operate the will, therefore, need to obtain the premises until their on- or off- on- or off-licence before opening licence application has been your business to sell and supply determined. If you are planning to alcohol on or from the premises. take over premises that currently Renewing a licence have an on- or off-licence, you should check with your local DLC to All on-, off- and club licences confirm the terms and conditions must be renewed after an initial of that licence, and that the 12-month period and then every licence is still current. three years. You should submit your renewal application to your If you take over and continue the local DLC. Some DLCs send reminder operation of premises that are notices to licensees that their currently licensed, you need to 16 The Manager’s Guide licences are due for renewal, but amenity and good order of the the licensee is responsible for locality by more than a minor lodging the application for renewal extent), any matters in reports by the of the licence at least 20 working Police, the MOoH or the Licensing days before the expiry date. Inspector or the the manner in which the licensee has sold, An application for renewal of your displayed, advertising, promoted licence must be publicly notified and supplied alcohol under its within 10 working days of filing the existing licence. Renewal application and you must also applications are considered by the display a notice in a conspicuous DLC and may be granted for three place on or adjacent to the more years. An annual fee is also premises site. payable and varies according to The renewal application will be risk factors and compliance history. referred to the Police, Licensing Special licences Inspector and MOoH to enquire into. The Police and MOoH may A special licence may be obtained report if they have matters in for any lawful purpose, but it opposition. In accordance with cannot be used as a substitute for the Act, the Inspector MUST report. an on- or club licence, and should not be used as a means of extending When deciding whether or not to trading hours in respect of the renew an existing licence a DLC or day-to-day activities of an ARLA must have regard to the individual premises. object of the Act, the suitability of the applicant, any relevant provisions There are two kinds of special in any LAP, the days and hours of licences. On-site special licences are sale, the design and layout of the for consumption of alcohol on the premises, the sale of other goods premises by people attending an such as non-alcohol and low- event and can be held by the holder alcohol drinks and food, the of an on-licence or a club licence provision of other services, the for special events outside of normal amenity and good order of the hours. Off-site special licences are locality (whether refusing to renew for consumption elsewhere by the licence would increase the people attending an event.  The Manager’s Guide 17 Applying for a special licence Conditions of licences A special licence application form All licences have conditions relating is generally available online from to the sale and supply of alcohol your local DLC. Applications are as well as other matters relating processed by the DLC, which will to the operation of the premises. refer the application to the Licensing Failure to comply with the conditions Inspector, MOoH and Police. of your licence can lead to action being taken by the regulatory A special licence application must agencies, which may ultimately lead be lodged at least 20 days before to fines and/or loss of the licence. the event, unless there are special circumstances in which the DLC The Act specifies mandatory agrees to a shorter period. If there conditions to be imposed on all are any matters in opposition to an licences of a certain type and application for a special licence, the discretionary conditions that DLC must call a public hearing to may be imposed. There are also requirements in the Act that must consider the application. Your local be complied with even though DLC can advise you further on this. they may not be described in the Where a special licence relates to licence as a condition. a large-scale event, the DLC may require the applicant to provide Key an Event Management Plan and/or M mandatory condition to be an Alcohol Management Plan. imposed D discretionary condition that may be imposed R a requirement of the Act NR not a requirement of the Act DR discretionary requirement 18 The Manager’s Guide Matters that may be subject to licence conditions Condition On-licence Club Off-licence Special licence licence Days and hours M (s.110(2)(a)) M (s.110(2)(a)) M (s.116(2)(a)) M (s.147(3)(a)) that alcohol may D (s.147(1)(k)) be sold Hours of opening R (s.56) R (s.56) signs to be displayed at principal entrances Days and hours R (s.59(1)) that alcohol may be delivered Kinds of alcohol D (s.116(1)(c)) D (s.147(1)(c)) that may be sold R (s.58) D (s.147(1)(k)) or delivered R (s.55(a)) Type of container D (s.147(1)(i)(i)) in which alcohol is provided Type of container D (s.147(1)(i) in which alcohol (ii)) is not to be provided Provision of food R (s.53) R (s.53) D (s.147(1)(d)) for consumption Low-alcohol R (s.52(1)) R (s.52(1)) D (s.147(1)(e)) beverages NR (s.52(2)) NR (s.52(2)) available Non-alcoholic R (s.51) R (s.51) D (s.147(1)(f)) beverages available  The Manager’s Guide 19 Condition On-licence Club Off-licence Special licence licence Assistance with R (s.54) R (s.54) D (s.147(1)(g)) information about transport Location of free M (s.110(2)(c)) M (s.110(2)(c)) M (s.116(2)(c)) M (s.147(3)(b)) drinking water D (s.147(1)(k)) Steps to ensure D (s.110(1)(a)) D (s.110(1)(a)) D (s.116(1)(a)) D (s.147(1)(a)) prohibited R (s.59(3)(4)) D (s.147(1)(k)) people are not sold alcohol People to whom D (s.110(1)(c)) D (s.110(1)(c)) D (s.116(1)(b)) D (s.147(1)(b)) alcohol may be R (s.60) D (s.147(1)(k)) sold or supplied Only alcohol sold R (s.62) on premises may be consumed Exclusion of the D (s.147(1)(h)) public from premises One-way door D (s.110(1)(d)) D (s.110(1)(d)) D (s.147(1)(k)) restrictions R (s.50(1)) R (s.50(1)) Single display M (s.112(2)) area for supermarkets and grocery stores Designation of M (s.119(1)) D (s.119(2)) D (s.119(2)) D (s.119(2)) restricted or supervised areas 20 The Manager’s Guide Condition On-licence Club Off-licence Special licence licence Management D (s.143(1)) plans, NABEA certificates and liaison for large-scale events No free alcohol R (s.55(b)) on premises not open for off- premises sale Licence to be R (s.57(1)) R (s.57(2)) R (s.57(1)) DR (s.57(3)) displayed Information R (s.59(5)-(7)) provided by remote sellers Fees payable M (s.110(2)(b)) M (s.110(2)(b)) M (s.116(2)(b)) D (s.147(1)(k)) Requirements for D (s.110(1)(b)) D (s.110(1)(b)) D (s.147(1)(k)) the R (s.61) management of premises Manager to be R (s.212) R (s.212) R (s.212) R (s.213) appointed Manager to be R (s.214) D (s.110(1)(e)) R (s.214) R (s.214) on duty D (s.37(2)(b)) NR (s.215(1) NR (s.215(1) D (s.147(1)(k)) (a)) (c)) D (s.110(1)(e)) Filing of returns D (s.147(1)(j)) on alcohol sold Any reasonable D (s.117(1)) D (s.117(1)) D (s.117(1)) D (s.117(1)) condition D (s.147(1)(l))  The Manager’s Guide 21 Conditions specifically relating a member of another club to clubs that has reciprocal visiting The holder of a club licence rights (this must be a specific must take all practicable steps condition on your licence; you to ensure that:39 must request it).41 the club has a secretary at A reciprocal visiting rights all times agreement is a formal, the club notifies ARLA or the DLC documented agreement between (whichever granted the licence) two clubs. This document must be of a change in secretary within ratified at a club committee meeting 10 working days of the change to validate the arrangement. all proceeds from the sale of In order for a guest of an affiliated alcohol belong to the club club member to purchase alcohol, your club must be endorsed under the club committee ensures section 60 of the Act. For further that the provisions of the Act information, speak with your local are observed. Licensing Inspector. A club licence allows for the sale of alcohol on club premises only to ‘authorised customers’. It does not allow for the sale of alcohol to the general public. An authorised customer is:40 a member of the club; or someone who is on the premises at the invitation of, and is with, a member of the club; or 39 s.61. 40 s.60(3). 41 s.60(1)(b). 22 The Manager’s Guide Conditions of off-licences alcohol area (see Responsible It is a condition of all off-licences promotion of alcohol on page 47). issued for supermarkets and grocery An off-licence also authorises the stores that only the following types complimentary supply of alcohol of alcohol, complying with the by way of sampling on the premises. appropriate New Zealand food standard, and containing no more Restricted trading days than 15% alcohol, be sold under There are restrictions that apply the licence:42 to alcohol sales on Good Friday, Easter Sunday, Christmas Day and Fruit or vegetable wine. before 1.00pm on Anzac Day.43 Grape wine. These restrictions take effect from Mead. midnight, which means that on the Fortified wine. Thursday before Good Friday, the Beer. Saturday before Easter Sunday, Food flavouring containing alcohol on Christmas Eve and the evening prepared for culinary purposes before Anzac Day, on-licensed that is unsuitable for drinking. premises are required to cease their usual operation at 12.00 midnight. Supermarkets and grocery stores will also have conditions imposed On-licences on their licences requiring that the No alcohol is to be sold on on- display, advertising and promotion licensed premises on Good Friday, of alcohol are restricted to a single Easter Sunday, Christmas Day and area within the premises that does before 1.00pm on Anzac Day to any not contain the most direct route person other than those who are: from the entrance through the main residents or lodgers; or body of the premises to the checkout area, and that display, advertising on the premises to have a meal.* and promotion of other products must not occur within a designated 42 s.58. 43 s.47(1).  The Manager’s Guide 23 * ‘Dining’ is defined as more than Club licences an hour before a person starts (or Club-licensed premises are exempt is due to start) eating a meal; or from restricted trading days and more than an hour after he or she an RSA club with a current club finishes eating a meal. If they are licence may serve alcohol on there outside these constraints, Anzac Day from 4am onwards.46 they are unauthorised. Local alcohol policies Off-licences Any territorial authority may (but Off-licence sales (except remote is not compelled to) have a policy sales) and deliveries are prohibited relating to the sale, supply or on Good Friday, Christmas Day consumption of alcohol within its and before 1.00pm on Anzac Day. district.47 This policy may be more Cellar door wine sales (only of restrictive than the relevant district alcohol made on the premises or plan.48 A local alcohol policy may made from fruit harvested on the include policies on:49 premises) may be made on Easter the location of licensed premises Sunday;44 otherwise all off-licence by reference to broad areas sales and deliveries are prohibited.45 the location of licensed premises This also means that where by reference to proximity to takeaway ‘across the bar’ sales are premises of a particular kind usually permitted under licence after 12.00 midnight, they will be the location of licensed premises required to cease at midnight on by reference to proximity to the Thursday before Good Friday, facilities of a particular kind the Saturday before Easter Sunday, whether further licences should on Christmas Eve and on the be issued for premises in the evening before Anzac Day. district or any part of the district 46 s.47A. 47 s.75. 44 s.48(b). 48 s.93. 45 s.48. 49 s.77. 24 The Manager’s Guide maximum trading hours The licensee is also required to the issue of licences subject to display a sign where it can be discretionary conditions easily read on the exterior of the premises, showing the ordinary one-way door restrictions. hours of business during which the premises are open for the sale Once adopted, any elements of alcohol.53 of a local alcohol policy relating to maximum trading hours or The full name of the manager a one-way door policy become must also be prominently regulations.50 The territorial displayed inside the premises authority must take all reasonably where it can be easily read.54 practicable steps to give licensees On-licences may be required affected by the policy written to display notices throughout notice of the adoption of the policy the premises advising that food and a brief description of the is available. effect of the policy.51 A Host Responsibility policy should Display of signage also be prominently displayed. Every holder of an on- or off- licence must display a copy of the A range of signage is available to licence, showing the conditions, in licensees to help you meet your the interior of the premises where it legal obligations. These can be can be easily read by people obtained from your local DLC, entering the premises.52 public health service, or Health Promotion, Health New Zealand – Te Whatu Ora at resources.alcohol. org.nz (http://www.resources.alcohol. org.nz). 50 s.89(1)(a). 51 s.90(5). 53 s.56. 52 s.57. 54 s.214(3).  The Manager’s Guide 25 Resources Slow Down Intoxicated? On the way? Gone too far? Time to go on the water, eat some food or That’s when you’re drunk, rat-faced, call a taxi? We will tell you if you’ve had too mulleted, munted, trashed… When you’ve much and make all these things available gone too far we can’t serve you and it’s to you. Otherwise it’s home time, mate. time to go home, mate. That’s the law! AL562 | JUN 2023 That’s the law! AL561 | APR 2024 Alcohol will No ID not be served No Service to anyone who No Exceptions is intoxicated AL629 | APR 2024 AL425 | APR 2024 Alcohol will not Alcohol will be sold or supplied not be served to anyone who to minors is intoxicated or to minors AL1229 | APR 2024 AL630 | APR 2024 26 The Manager’s Guide Intoxication assessment tool Intoxication Prevention Tool 1 SOBER MONITOR 2 INFLUENCED INTERVENE 3 INTOXICATED DENY AND REMOVE Indicators may include but are not limited to: 1 SOBER Customer behaviour Customer behaviour Customer behaviour MONITOR Coherent, clear speech, normal tone May be overly talkative, opinionated, Slurring, difficulty forming words, loud, Sober Influenced Intoxicated and volume, may be talkative stumble over words, loud, inappropriate repetitive, loses train of thought, nonsensical Coordinated, balanced, standing language or comments Spills drinks, stumbles, trips, weaves, walks Speech Coherent, clear speech, normal May be overly talkative, opinionated Slurring, difficulty forming words, without help or support Slowed or delayed reactions, swagger or occasional staggers or sways into objects, unable to stand unaided or sit straight Clear eyes, tidy, alert tone/volume, may be talkative. and interrupts, may stumble over loud, repetitive, loses train of Vacant or blank expression, smell of alcohol Eyes glazed or bloodshot, inability to focus, Behaving sensibly words, becoming loud, inappropriate thought, nonsensical, unintelligible. on breath, may look untidy tired, asleep, dishevelled language, jokes, comments. Overly friendly or withdrawn, inappropriate or Seriously inappropriate actions or language, SERVER'S ROLE risky actions, argumentative, fading aggressive, rude, belligerent, obnoxious Monitor customer consumption attention, increased consumption rate behaviour affecting other customers Coordination Coordinated, balanced, standing Slowed or delayed reactions, Spills drinks, stumbles, trips, weaves, All staff have a role in monitoring the effect without help or support. swagger or occasional staggers walks into objects, unable to stand of alcohol on patrons SERVER'S ROLE SERVER'S ROLE or sways. unaided or sit straight. 2 INFLUENCED Talk with the customer – this will build INTERVENE rapport and give insight into their condition Communicate with team Communicate with team Inform your manager and team about and manager Use unobtrusive monitoring techniques Appearance Tidy, clear eyes, alert. Vacant or blank expression, smell of Bloodshot eyes, eyes glazed, inability such as glass collection what’s going on and anyone to keep Inform your manager and team of issues an eye on so they can support an intervention alcohol on breath, may look untidy. to focus, tired, asleep, dishevelled. Establish clear and consistent standards Maintain communication and regularly House policy will determine who should Management and staff are responsible follow up on those identified remove the customer from the premises Behaviour Behaving sensibly but Overly friendly or withdrawn, Seriously inappropriate actions for setting the tone of the premises Slow or stop alcohol service Remove customer from premises may be more relaxed. inappropriate or risky actions, or language, aggressive, rude, Create a sociable, friendly atmosphere Talk to the customer – intervene early Remove the audience effect where intoxication will be out of place argumentative, annoying, belligerent, obnoxious behaviour and tactfully Consider your own personal safety and unacceptable fading attention, increased affecting other customers. Offer non-alcoholic drinks and food options Enter the incident in the logbook Identify customer intentions consumption rate. Recognise that a minority of customers on Don’t offer refills – wait till they ask; Consider customer safety – mates or be busy serving other customers 3 INTOXICATED your premises intend becoming intoxicated a taxi Monitor & serve Intervene Deny & remove DENY AND REMOVE Identify and actively manage those who Serve their next drink with water on the side Customers are not allowed to remain on responsibly appear to be high risk If possible, use the customer’s friends the premises except in a place of safety Be aware that high-risk people include to rein in their drinking Intoxication INTOXICATED means observably affected by alcohol, other drugs, or other substances (or a combination of two or those celebrating, ordering in quick succession, and ordering shots Be assertive, not aggressive all of those things) to such a degree that two or more of the following are evident: (a) appearance is affected; (b) definition Offer low-alcohol and non-alcoholic Make your requirements clear and allow behaviour is impaired; (c) coordination is impaired; (d) speech is impaired. customers the chance to comply without drinks and food options losing face Provide a range of alternatives to alcohol Never respond to provocation; stay calm AL805 | APR 2024 Actively promote and encourage other and employ calming strategies products as part of the broader customer experience AL553 | APR 2024 Date of Birth Chart YEAR 2024 2025 2026 2027 2028 2029 2030 2001 22 23 24 25 26 27 28 2002 21 22 23 24 25 26 27 2003 20 21 22 23 24 25 26 2004 19 20 21 22 23 24 25 2005 18 19 20 21 22 23 24 Yes 2006 17 18 19 20 21 22 23 2007 16 17 18 19 20 21 22 2008 15 16 17 18 19 20 21 Maybe* 2009 14 15 16 17 18 19 20 2010 13 14 15 16 17 18 19 No 2011 12 13 14 15 16 17 18 2012 11 12 13 14 15 16 17 2013 10 11 12 13 14 15 16 * 17 unless a birthday has occurred before the current month and day AL973 | APR 2024  The Manager’s Guide 27 The manager The role of the manager by the DLC or ARLA. If the licensee At all times alcohol is sold to the is involved in managing the public from licensed premises, a premises, they must hold a manager must be on duty (with Manager’s Certificate in their own the exception of BYO licences, club right. No person under the age of licences, certain remote sellers, 20 years can be appointed as a and off-licence cellar door sales).55 manager of licensed premises.57 The manager is responsible for Manager’s Certificate compliance with and enforcement of the: applications A Manager’s Certificate provisions of the Act application must be submitted to conditions of the licence your local DLC. There is a standard conduct of the premises, with application form that requests the aim of ensuring the safe and details of any relevant experience responsible sale and supply of and training as well as other alcohol and minimising alcohol- necessary information eg, any related harm. criminal convictions. It is important to complete the application form The manager’s name must also fully and include evidence of any be prominently displayed inside training and experience you have the premises at all times while on had. It is also helpful if you can duty.56 The holder of a Manager’s provide a character reference. Certificate may manage any licensed premises unless limited 55 s.215. 56 s.214(3). 57 s.216(1). 28 The Manager’s Guide All new applications for a Manager’s issues raised by the reports from Certificate require the applicant to the Inspector and the Police.63 hold the prescribed qualification or to have completed the prescribed If the DLC is satisfied that you course of training as required by meet the above criteria, it will issue the regulations.58 the Manager’s Certificate. The application may be referred by Refer to page 30 for details about the DLC to ARLA for determination. the Licence Controller Qualification. ARLA will evaluate the application using the same criteria as the DLC. Manager’s Certificate process The DLC will refer your Manager’s Manager’s Certificate Certificate application to the renewals Licensing Inspector and the Police. A Manager’s Certificate is initially When the DLC is considering issued for 12 months and then is an application for a Manager’s usually renewed every three years. Certificate, it must consider the It is the responsibility of the holder following matters: of a Manager’s Certificate to the applicant’s suitability59 ensure that a renewal application any convictions60 is lodged in time. While not mandatory, some DLCs send out experience, particularly recent reminders to holders of Manager’s experience, in controlling Certificates to inform them their licensed premises61 certificates are due to expire. It is, training, particularly recent therefore, important to advise the training, that the applicant has issuing DLC of any change of undertaken and evidence of the address. The process for renewal prescribed qualification62 of a Manager’s Certificate is similar to the application process. 58 s.218. See also Sale and Supply of Alcohol Regulations 2013, reg 23. 59 s.222(a). 60 s.222(b). 61 s.222(c). 62 s.222(d). 63 s.222(e).  The Manager’s Guide 29 The Act requires all applicants for Temporary manager65 renewal to hold the prescribed A temporary manager can be qualification, which is the Licence appointed where a manager is Controller Qualification (LCQ). ill or absent for any reason or is Acting and temporary dismissed or resigns. A licensee managers may appoint a person who is not the holder of a Manager’s Certificate Provisions in the Act allow, in as a temporary manager. certain circumstances, for the appointment of an uncertified A person appointed as a person as an acting or temporary temporary manager must, within manager if a holder of a Manager’s two working days, apply for a Certificate is not available. Manager’s Certificate. That person may then continue as a temporary Acting manager64 manager until the application for a A licensee can appoint someone Manager’s Certificate is determined. who is not the holder of a Manager’s If that person does not apply for Certificate as an acting manager: a Manager’s Certificate within two (a) for any period not exceeding working days, the licensee must three weeks at any one time where cease to employ the person as a manager is unable to act a manager. because of illness or absence; and (b) for periods not exceeding in the aggregate 6 weeks in each period of 12 months to enable a manager to have a vacation or annual leave. 64 s.230. 65 s.229. 30 The Manager’s Guide Should an acting manager Notice of appointment of or a temporary manager manager, acting manager be appointed? or temporary manager The position of acting manager is The licensee must advise the DLC usually a short-term appointment, and Police within two working days while a temporary manager is likely of the appointment, cancellation to be a longer-term replacement or termination of a manager, for a permanent staff member. temporary manager or acting Generally, the provisions allow for manager. It is not necessary to the appointment of an acting notify those agencies if the manager where the holder of a appointment is for any period not Manager’s Certificate is ill, absent exceeding 48 hours, but all such or on holiday, but where the appointments must be recorded in absence is more of a short-term a day book, or log book, along with nature. A temporary manager the reason for the appointment.66 would be more appropriate when the usual or permanent Manager’s Responsibilities of acting Certificate holder suddenly leaves or temporary managers or is ill or absent for a significant If a licensee appoints a person period. If you have any queries who is not the holder of a about a particular situation and Manager’s Certificate to be an are uncertain which option would acting or temporary manager, that be most appropriate, contact your person is considered to have the local Licensing Inspector. responsibilities of the holder of a Manager’s Certificate. An acting or temporary manager can be prosecuted in the District Court for breaches of the Act just as a Manager’s Certificate holder can. 66 s.232.  The Manager’s Guide 31 The Licence Controller Qualification Applicants for a Manager’s Certificate must hold the nationally recognised Licence Controller Qualification (LCQ). This qualification has been developed to standardise and improve the overall quality and skills of managers working in licensed premises. The qualification is made up of two unit standards. These require: demonstrated knowledge of the Act and its implications for the operation of licensed premises (Unit 4646) demonstrated knowledge of Host Responsibility requirements as a manager of licensed premises (Unit 16705). For further information on the LCQ, please contact ServiceIQ on 0800 863 693 or visit serviceiq.org.nz (http:// www.serviceiq.org.nz). 32 The Manager’s Guide Host Responsibility The Sale and Supply of Alcohol Act Offering low-alcohol and 2012 sets out certain requirements non-alcoholic options on holders of on-licences and Providing food club licences such as providing low-alcohol and non-alcoholic Helping customers with beverages, providing food and transport options. providing information on transport options. These and other 1. Staff training requirements fall under the term ‘Host Responsibility’ and are intended to minimise alcohol harm and help create safer drinking environments. It aims to prevent intoxication and its associated harms by: It is important that all staff are empowering the server of aware of their legal obligations alcohol to intervene appropriately and their role in minimising creating an environment where alcohol-related harm. Training intoxication is not tolerated. helps provide staff with clear roles and responsibilities, and models Host Responsibility incorporates service and interventions that seven key strategies. These are: ensure premises meet their Staff training legal obligations. Preventing intoxication You are required to have a staff training policy in place. This Denying service to minors should be outlined in your Host Responsible promotion of alcohol Responsibility Implementation  The Manager’s Guide 33 Plan and located within your 2. Preventing intoxication Licensed Premises Toolkit. This Every licensee, manager and toolkit is a practical resource that server of alcohol has a legal brings together all the alcohol obligation to: documentation, policies and prevent people from becoming procedures for your premises. intoxicated on licensed premises67 It can also be used as another tool for staff training. refuse service to people who have become intoxicated68 All bar staff are encouraged to complete ServeWise, a free prevent intoxicated people from e-learning tool for bar staff that entering the premises69 provides a basic understanding ensure intoxicated customers of the Act. It has a strong focus leave the premises70 on intoxication, minors, server intervention and Host Responsibility. remove violent, quarrelsome, insulting or disorderly customers The benefits of having all staff from the premises.71 complete ServeWise include: increased staff knowledge of It is also an offence for a manager legislation and personal liability or any employee to be intoxicated on duty.72 development of practical competencies and interventions no cost to you or your staff the ability for staff to access and complete the training when it suits them increased compliance with the Act. 67 s.249. 68 s.248. 69 s.252. Staff can access the training at 70 s.252. servewise.alcohol.org.nz (http:// 71 s.253. www.servewise.alcohol.org.nz). 72 ss.250 and 251. 34 The Manager’s Guide Intoxication is defined in the Act as being observably affected by alcohol, other drugs or other substances (or a combination of two or all of those things) to such a degree that two or more of the following are evident:73 Speech is impaired. Coordination is impaired. Appearance is affected. Behaviour is impaired. These indicators may include but are not limited to: Speech: slurring, difficulty forming words, loud, repetitive, loses train of thought, nonsensical, unintelligible. Coordination: spills drinks, trips, weaves, walks into objects, unable to stand unaided or sit straight. Appearance: bloodshot eyes, eyes glazed, inability to focus, tired, asleep, dishevelled. Behaviour: seriously inappropriate actions or language, aggressive, rude, belligerent, obnoxious behaviour affecting other customers. 73 s.4.  The Manager’s Guide 35 Indicators may include but are not limited to: Sober Influenced Intoxicated Speech Coherent, clear May be overly Slurring, difficulty speech, normal talkative, forming words, tone/volume, may opinionated and loud, repetitive, be talkative. interrupts, may loses train of stumble over thought, words, becoming nonsensical, loud, inappropriate unintelligible. language, jokes, comments. Coordination Coordinated, Slowed or delayed Spills drinks, balanced, reactions, swagger stumbles, trips, standing without or occasional weaves, walks into help or support. staggers or sways. objects, unable to stand unaided or sit straight. Appearance Tidy, clear Vacant or blank Bloodshot eyes, eyes, alert. expression, smell eyes glazed, of alcohol on inability to focus, breath, may look tired, asleep, untidy. dishevelled. Behaviour Behaving sensibly Overly friendly Seriously but may be more or withdrawn, inappropriate relaxed. inappropriate or actions or risky actions, language, argumentative, aggressive, rude, annoying, fading belligerent, attention, obnoxious increased behaviour consumption rate. affecting other customers. Monitor & Deny & serve Intervene remove responsibly 36 The Manager’s Guide Certain medical conditions challenging. Systems should be and disabilities may display in place to support bar staff to characteristics similar to intervene. They must feel confident intoxication. Make sure you in managing the service (and don’t make assumptions, and non-service) of alcohol to customers. be respectful and careful before Three key strategies should be pronouncing a customer intoxicated. used to limit or prevent intoxication: Strategies for preventing 1. Build staff capacity to intervene intoxication confidently and expertly While not every customer intends Bar staff may not have skills to to become intoxicated, a relatively confidently manage potentially small percentage do set out with confrontational situations before this in mind and they are often commencing work. These skills easy to spot before they reach need to be learned. Staff training their goal. They are likely to stand provides an opportunity to up-skill out from the crowd and should staff, standardise practice and be closely monitored; establishing enhance customer service. an early rapport softens a later intervention, while providing further 2. Build customer expectations insight into their condition. of an intervention Similarly, not every customer Many customers are unaware who enters licensed premises – and, therefore, need to be is sober – they may have been informed – of your legal drinking elsewhere or have used obligations and their rights as other substances. customers. Customers should see While servers may feel confident intervention as normal and likely. in identifying an intoxicated