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SOL Bill
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This analysis is very cryptic but will be of use to MPs.. Please read in conjunction with discussion issue by issue.

Clause by clause
Definitions, etc. C.2
On-licences C.6
Licence criteria & conditions (additional)
Dispensations C.22
Off-licences - C.23
Club licences C.43
Special licences C.47
Roles and responsibilities C.54
Public right of objection C.57
Accreditation C.60
Managers 61
Drinking age 75
Management training & host responsibility C.106
Advertising (additional)

Listed by Bill Clause Nos. -[Sale of Liquor Act Section Nos. in [square brackets.] Any clauses of the Bill that not commented on are changes to ensure compatibility with changes in sections already covered, minor corrections, replacing ‘shall’ with ‘must’ etc.

Definitions etc.

2. Interpretation. These changes and repeals to definitions are supported. Note however that the definition of ‘supervised area’ is not explained correctly in the explanatory note.

3. Meaning of term ‘evidence of age document’ [SOL 2A - new]

Support this definition, which allows the flexibility to incorporate with acceptable changes in technology, etc.

Support changes to Land Transport Act to allow driver’s licence and non-driver’s ID to be provided for evidence of age purposes

But recommend clauses to strengthen age identification compliance by both young people and licensees. See Issues: Age Identification

4. Application of Act [SOL 5.]

Supported. Repeals exclusion of armed forces, fire brigade and parliament from licensing system. Excludes alcohol in chocolates, perfume, pharmaceuticals.

5. Underlying principle of the Act [SOL 6.]

Strongly oppose references to:

  • inclusion of dispensations. See clause 22, new Part 1A below.
  • repeal of club licences in 6(2)c) and repeal of Part III.

This means that clubs would hold normal on-licences, could sell to the public, not just members and could hold off-licences. They would have to meet requirement for manager present at all times and would pay the higher fee, unless they obtained a dispensation from that fee. In effect, clubs become taverns. See clause 43 below.


6. On licences [SOL 7.]

These changes move provisions about who may sold to [SOL hotel lodges etc] to being included as a condition of the individual licence.

This could allow on-licences for clubs to limit sales to members only - but, on the case law, this would only occur if requested by the club itself.

7. Who may hold a licence [SOL 8.])

8(1) changes supported. These clarify corporations holding licences.

Oppose repeal of 8(2) so as to allow clubs to become on-licences.

8. Application for on-licences [SOL 9.]

9(1)(e). Strongly oppose repeal of this clause which makes a valid planning consent a prerequisite of the licence application. This disconnects liquor licensing from any planning requirements, rather than address the ‘gap’ between planning and licensing in the 1996 and 1997 LLA annual reports..

This repeal has unpredictable consequences, both administratively and politically. Effects unpredictable but will not resolve community concerns and may well lead to wasted work by DLAs. We need to improve the way planning and licensing work together; this change ignores the real issues.

New 9(5) and (6). Site notices. Supported. This will help bring licence applications to the attention of local communities.

10. Reports. [SOL 11.]

Investigation required but opposing reports only, within 3 weeks.

Supported as practical, as long as a firm requirement to investigate remains.

The real problem behind delays is probably under-staffing and constant restructuring, esp. among public health officers. This local public health perspective is however extremely valuable in increasing the attention given to host responsibility issues, by local police and inspectors as well as by licensees.

11. Unopposed applications granted by DLA [SOL 12.]

Support this devolution to DLAs of an area of routine decision making, parallels what already happens with renewals. The licence has to go to the Registrar so the LLA can retain an overview, although little analysis is publicly available.

LLA should to retain decision making power on all opposed licences.

12. Criteria for on-licences [SOL 1.3]

These are just consistency changes.

Recommended addition: That ‘neighbouring land use’ be included as a general licence criteria to allow the LLA to address the ‘gap’ in planning by considering the effect of thje proposed licensed premises on land uses neighbouring on to that particular site, which will not have been considered in planning by zone. This is often the concern at the heart of public objections to licence applications, but neighbours are limited to attacking the personal ‘suitability’ of the applicant and the LLA may only consider neighbouring land use in setting hours of trading. See discussion about Community Concerns.

See next sextion for recommended amendments to Sections 13 and 14 arising from APHRU’s Responsive Regulation project, and Hill (forthcoming) in NZ Local Government.

13. Conditions of on-licences [SOL 14.]

Oppose 14(2) amendment which allows trading on Sundays by taverns or hotels (but not on Good Friday or Christmas although 14(3) allows them to get a special licence at the discretion of the DLA). This is opposed on the basis of documented experiences of various changes to Sunday trading in comparable countries. .

14(4) Support flexibility to designate different areas as restricted or supervised.

14(5) Adds a new subclause which allows persons to whom liquor may be sold to be set on the individual licence, rather than under present detailed S.5. Could be used on new on-licences to be held by clubs if they should wish to continue serving members only, rather than sell to the public. See note re clubs.

See recommended changes arising from APHRU’s Reponsive Regulation project.
These would allow the possibility of an additional licence conditions related to a specific premises, arising from proposals by the licensee or in response local reports or public objections at a hearing.

14A Description of licensed premises - formalises an existing practice.

Support such a section but oppose sections (2) and (3) as unnecessarily rigid and limiting the ability of the specialist body appointed by Parliament to impose solutions to problems when at present it is extremely limited in its ability to refuse a licence. Similarly oppose 37A (2) and (3) related to off-licenses.

16. Renewal of on-licences. [SOL 18.]
New 18(4) and (5) Support site notices.

17. Age restriction on making an objection is repealed. [SOL 19(1)] Supported for all licence types.

18. Reports on renewals [20] - Supported as for 10 above.

19. Temporary authority. [SOL 24.] Clarifications supported.

20. Annual returns. [SOL 27. Also C.40 [SOL S.50] re off-licences and C.91 [SOL S.224]

Requirement for annual sales returns repealed. This has never been implemented, due to some inadequacy of the proposed form. Sadly, as we researchers would love the opportunity to analyse information about types and volumes of alcohol sales by type of premises, as is done in Australia (where fees are based on sales volumes, which we do not suggest.) Similar repeal re off-licences. C.40 [SOL 50].

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