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Trespass Act

Additional Information about Food & Liquor Licences

FOOD

A substantial range of snack food meals must be available and promoted at any time an On, Club or Special Licence is in operation.  This includes such foods as nachos, pizzas, pies and the like.  Chippies and nuts will not be sufficient to meet these criteria.  The food must be as obviously available as any liquor.  Obviously, the requirement for a restaurant is greater as their principle purpose is the sale of food.  If the main kitchen closes during the evening, some food preparation facilities must still be available for making snack meals of some sort.  This is not a requirement for off licences.

LOW AND NON ALCOHOLIC DRINKS

It is a condition of every licence type that a reasonable range of low and non-alcoholic drinks be available and promoted at any licensed premises.  These options must be as obviously available as any liquor.  You may want to have special deals for designated drivers or establish a 'buddy system' for people who are assisting with transporting drinkers to avoid drink driving.

TRANSPORT

Transport options to assist patrons in avoiding drink driving must be available and promoted at any time an On, Club, or Special licence is in operation.  This could be a courtesy van, a free taxi phone or the display of business card of a 'dial a driver' scheme.

RESTRICTED DAYS

Off licences may not open for business - on any of the following days:

  • Christmas Day
  • Good Friday
  • Easter Sunday
  • ANZAC Day up until 1pm

Hotel and tavern style on licences may not sell or supply liquor to any person on the above days unless that person is on the premises for the purpose of dining.

(A restaurant will already be only serving to persons on the premises for the purposes of dining and an entertainment style licence will only be serving to persons who are on the premises for the purposes of entertainment.)

These restricted days begin at midnight.  So for example, where you might usually be licensed to 3am on the Thursday before Good Friday you must close at midnight.  This obviously applies to the other restricted days also.

DESIGNATIONS

Certain types of licence may be designated with certain restrictions as to who can be present there.

For instance:

  • In an undesignated area, persons of any age not otherwise prohibited may be present
  • In a supervised area, persons of less than 18 years may only be present if accompanied by their parent or legal guardian
  • In a restricted area, no person under the age of 18 years may be present at all

Liquor service staff of less than 18 years of age may be employed in an undesignated or supervised area but not a restricted area.

PROHIBITED PEOPLE

By definition, prohibited people under the conditions of the Act are:

  • Minors - persons under the age of 18 years. The only approved proof of age documents are:
    • New Zealand photo driver's licence
    • A passport
    • A HANZ 18+ card
  • Intoxicated persons
  • Unauthorised person - that is, any person to whom you are not authorised to sell or supply liquor under the authorisations section of the licenses or any of the conditions of the licence. For example: a non-club member or anyone after hours.

There may also be other people who are effectively prohibited, but don't legally come under the definition of prohibited persons.  These are people whom you have banned under the Trespass Act, and persons demonstrating insulting, violent or abusive behaviour, as this is an offence.

HOST RESPONSIBILITY

It is a requirement of any On, Club or possibly Special Licence to have in place a Host Responsibility Policy to contribute to the reduction in liquor abuse.

The basic inclusions in a Host Responsibility Policy are:

  • Provision of food
  • Provision of low and non-alcoholic drinks
  • Transport options
  • A strategy to prevent sales to prohibited people
  • A strategy to ensure a safe drinking environment

SIGNAGE

Although you may have many different types of signage at your licensed premise, there are certain signs which you must have and certain places they must be, to comply with the Act. They are:

  • The licence - this must be situated in the principle entrance.
  • Duty manager's name - to be prominently displayed.
  • The hours of operation - these must be visible from outside the premise.
  • Availability of Host Responsibility provisions which includes promotion of safe drinking environment - to be prominently displayed.
  • Instructions regarding prohibited persons - to be prominently displayed.

RAFFLES

When holding a raffle, there are a number of things (including liquor) that cannot be used as prizes.  These are:

  • Firearms and ammunition
  • Liquor
  • Second hand goods
  • Land not zoned residential (e.g. commercial / industrial land)
  • Vouchers or entitlements for the above

If you would like more information about Food & Liquor regulations in CHB email Bobbi Twist or phone Council on +64 6 857 8060.