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Changes to sale and supply during Rugby World Cup

The Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Bill is to amend the Sale and Supply of Alcohol Act 2012 (the Act).

The amendments in the Bill relate to licensees that hold an on-licence or a club licence under the Act and that wish to trade outside of their licensed trading hours for the purpose of televising a game of the Rugby World Cup 2019.
The Bill amends the law to allow eligible licensees to extend trading hours for the purposes of televising games played as part of the Rugby World Cup 2019.

Background

The Act provides the regulatory framework for the sale and supply of alcohol in New Zealand. It aims to ensure that the sale, supply, and consumption of alcohol are undertaken responsibly, and to minimise the harm caused by excessive or inappropriate consumption.

The Act includes several measures to restrict alcohol trading hours. Premises licensed under the Act are only permitted to operate within the trading hours on their licence. Special licences can be issued by District Licensing Committees (DLCs), which may impose licence conditions to ensure that alcohol is supplied safely and responsibly. Special licences can also be issued to amend a licensee’s trading hours.

The 2019 Rugby World Cup will take place from 20 September 2019 to 2 November 2019. As the games will be played in Japan, time zone differences mean some games will be broadcast in New Zealand outside the permitted trading hours for some licensed premises. It is common for DLCs, when considering a special licence application, to require a special event to take place on the premises—for example, a guest speaker, a band, or a fundraising event. Televising the Rugby World Cup does not align well with these types of events, which is making it difficult for some licensees to extend their trading hours for the tournament.

The Bill amends the Act so that eligible licensees will not have to apply for a special licence to televise games that fall outside their usual trading hours. This will ease the administrative burden and cost to licensees and DLCs during this time. Similar amendments were made to the Act in preparation for the 2015 Rugby World Cup.

The amendments in this Bill will only be in force until the end of the Rugby World Cup 2019.

Summary of key changes

Eligible licensees will be able to extend their permitted trading hours to televise Rugby World Cup 2019 games

The key changes are:

  • the primary or sole purpose of the premises being open during extended hours must be to allow customers to watch a live televised game:
  • the amendments apply to on-licence and club-licence holders:
  • licensed premises that have had their licences varied or suspended in the previous 12 months under section 280 of the Act will be ineligible to extend their trading hours.

There are restrictions on extended trading hours

The key changes are:

  • premises will be able to open 1 hour before the start of each game to be televised:
  • if a televised game is to start within 2 hours after the end of the permitted trading hours for the premises, the premises can remain open until the game starts and during the game:
  • premises will be required to close for the sale of alcohol 30 minutes after the end of the game:
  • one-way door policies will not apply within 1 hour before the extension starts, during the extension, or within 1 hour and 30 minutes after the premises are required to close for the sale of alcohol.

There are provisions to enhance public safety and minimise disruptions

The key changes are:

  • premises need to notify Police and their territorial authority if they intend to extend their trading hours:
  • premises need to have a noise management plan or other arrangement in place to avoid additional noise disruption:
  • Police retain the power under section 266 of the Act to immediately shut down premises in the circumstances specified in that section.

Example 1: game starts during and finishes outside permitted trading hours

The licensee notifies the Wales v Georgia game on 23 September at 22.15 NZST.
The last period of permitted trading hours for the premises ends at 23.30 NZST.
The premises can be open during the game televised, which ends at 00.00 NZST.
The premises are required to be closed for the sale of alcohol at 0.30 NZST.
The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 1.00 NZDT and before 6.00 NZDT and until the next period of permitted trading hours for the premises begins.

Example 2: game starts no more than 2 hours outside permitted trading hours

The licensee notifies the quarter-final game on 20 October at 23.15 NZDT.
The last period of permitted trading hours for the premises ends at 22.00 NZDT.
The premises can open 1 hour before the game (at 12.15 NZDT).
However, as the game is to start no more than 2 hours after 22.00 NZDT, the premises can stay open after 22.00 NZDT until the game starts at or about 23.15 NZDT.
The premises can be open during the game televised, which ends at 1.00 NZDT.
The premises are required to be closed for the sale of alcohol at 1.30 NZDT.
The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 2.00 NZDT and before 6.00 NZDT and until the next period of permitted trading hours for the premises begins.

Example 3: game starts more than 2 hours outside permitted trading hours

The licensee notifies the Australia v Georgia game on Friday 11 October at 23.15 NZDT.
The last period of permitted trading hours for the premises ends at 17.00 NZDT.
The premises can open at 22.15 NZDT (1 hour before the start of the game).
The game ends at 1.00 NZDT.
The premises are required to be closed for the sale of alcohol at 1.30 NZDT.
The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customers can be found in, or allowed on, the premises after 2.00 NZDT and before 6.00 NZDT and until the next period of permitted trading hours for the premises begins.

Information sheet - Changes to the Sale and Supply of Alcohol Act for extended hours during the Rugby World Cup 2019 (118kb pdf)


Last Reviewed: 10/09/2019
 

 
 

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