SETTING THE BAR

Alcohol licensing update

JUN

E 20

15

Welcome to the third addition of the alcohol licensing newsletter. You’ll notice it has a new name and a fresh new design – we hope you like it.

The Council inspects all licensed premises annually to ensure they adhere to the Sale and Supply of Alcohol Act. We’re happy to report that we rarely find issues that breach the Act but our inspectors do sometimes discover problems that we need to follow up on.

In this issue of Setting the Bar, we discuss the requirement to have a duty manager on site at all times as this is an issue our inspectors have come across lately. You’ll also find advice on getting a Special Licence for Rugby World Cup events and information on the new fees regime.

THE NEW FEE REGIME

A new fees regime for alcohol licensing was introduced by Parliament in December 2013.Here are some points you should be aware of:

1. You need to pay a fee when you first apply for an alcohol licence and each time you renew it. An additional annual fee is also due on the anniversary date of your licence being issued.

2. Annual fees must be paid within 30 days or you face an automatic suspension of the licence until it is paid. The Council has no powers to waive this.

3. All premises are given a risk rating based on the type of business and daily licence hours. Fees are calculated according to this information. It is possible to receive a reduction in fees in some instance, if you:

• hold an ON or CLUB licence and your maximum closing time is no later than 2am

• hold an OFF-licence and your maximum closing time is no later than 10pm

• hold an ON-licence for a restaurant if you only have table service

• club membership drops significantly.

4. If you receive an enforcement ‘holding’, which means you have not complied with the law by serving minors, intoxicated persons or undertaking illegal promotions, your risk rating will increase significantly which will have an impact on your annual fee.

You can read more about the fee regime on our website.

NO DUTY MANAGER?In recent months we’ve issued a number of suspensions to premises for not having a manager on duty or displaying a manager’s name incorrectly.

If a temporary manager is on duty for more than 48 hours, the DLC and police must be notified and it must be recorded in the Manager’s Register.

The trained manager is the person responsible for compliance whenever alcohol is available for sale so it is essential they are on duty on the premises whenever alcohol is being sold. If there is no manager on duty or the wrong manager’s name is displayed then the Council will need to take action.

Restaurants

If you operate a restaurant and you do not have a duty manager available for any reason, you can still open for meals if you do not sell alcohol. You will need to display a sign up over the DM’s name that says: No Duty Manager – no alcohol sales.

More information on managers’ responsibilities and guidance on how to set up your manager’s register can be found in our July and December 2014 newsletters. These are available on our website. hamilton.govt.nz/licensing

2015 RUGBY WORLD CUPSPECIAL LICENCE GUIDELINESAre you considering applying for a Special Licence for the Rugby World Cup 2015? If so check out our website for guidance on making an application.

The Alcohol Licensing Authority stipulates that premises must be holding an event to be eligible to apply for a Special Licence to serve alcohol outside of the normal licensed hours.

Watching televised coverage of a sporting event is not considered an event in this instance. If you are applying for a Special Licence, you will need to think about what other activities will happen on the premises in addition to the televised coverage before applying for your licence. Examples of other activities include:

• quizzes

• special decorations

• live music.

Please apply for the Special Licence 30 days in advance of the event to allow enough time for your application to be processed.

More information on applying for a Special Licence can be found on our website hamilton.govt.nz/licensing

REMINDER

When applying to renew a licence, you need to provide a copy of any training programmes and written evidence of staff training meetings (such as an attendance register/minutes).

For further information, please contact us.

YOUR THOUGHTS

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CONTACT US

Phone: (07) 838 6633 E-mail: licensing@hcc.govt.nzWebsite: hamilton.govt.nz/licensingLocation: Customer Service Centre - Ground Floor, Council Building, Garden Place, Hamilton.