It is interesting to observe the debate around reducing the legal alcohol limit for drivers. The Government is suggesting that two years of information gathering is necessary before the public can be convinced of the value of the change. Opinion polls and lobby groups suggest that the government has underestimated the strength of public opinion in favour of the change.
The government has indicated that the likely law changes are:
- Raising the buying age at off-licences to 20 and leaving the on-licence purchase age at 18
- Greater powers for the police to deal with drunk and disorderly behaviour
- Greater powers for communities to veto liquor licences
- Reducing liquor trading hours
One can only assume that the reason for not changing the legal drinking age now is the strength of the liquor industry lobby. Whatever the reason and whatever the result, it is clear that host responsibility will become even more important in the near future.
The proposed changes have received a lot of press time. These links are to the press statements of some of the industry stakeholders.
Hospitality Association
NZ Retailers Association
Restaurant Association
Licencing statistics/activity
The government’s recent announcement on alcohol reform is likely to have an impact on the number of licenced premises in local communities.
These proposed changes follow a report from the Law Commission back in April when it made 153 recommendations by which to reduce harm caused by alcohol. Recommendations included making alcohol more expensive, changes to licensing hours and raising the purchasing age and providing the opportunity for communities to influence local decisions.
The report also highlighted issues that have also been raised more recently around the public nuisance aspect of liquor. An example of this is the news stories out of South Auckland where the number of on-licence and off-licence liquor outlets in Manukau City has markedly increased. The local community has voiced concern about the effects increased access to alcohol is having on the community in general and in particular, on our youth culture and its contribution to binge drinking.
Restricting trading hours and giving local residents the ability to influence the number, density, locality and hours of trade that apply to liquor outlets are some of the changes that have been welcomed. Communities are likely to see this as positive, but it will have an impact on some businesses that rely on their off-licence for sales.
There are currently 682 liquor licenses in force within Central Auckland, approximately 500 on the North Shore, 340 in Manukau and 97 in Waitakere, which include on, off and club licenses. While these numbers remain relatively steady year on year, they are likely to decrease in areas where local councils adopt a local alcohol plan designed to reduce licenced premises. Local communities will be able to object to the issue or renewal of licences on the basis of density, locality, hours of trade, store types and suitability. For those councils that don’t choose to develop their own alcohol plan the law will act as a sort of default position.
The reforms suggested by the Law Commission are a starting point for the government to consider as the bill proceeds to the select committee. It will be interesting to see how the debate continues and how the final content of the legislation is likely to affect many business that depend on their off-licence approval.
Liquor Licensing Compliance
What we are hearing is that there are currently two focus points for compliance.
The first ensuring that liquor sales are only to legal age customers. The NZ Herald reported on the 9th August that a police operation in Auckland city identified 10 licenced premised that sold alcohol to 15 year olds. These operations are conducted throughout the country every few months.
The second area for attention for licensing authorities is food service at on-licences. The intention is that an adequate food selection is available at all times of operation. A selection of chip flavours, or different fillings in meat pies, is not regarded as adequate. Licencees are advised to ensure that they understand what is an appropriate selection to avoid prosecution.
As a provider of LCQ training we regularly talk to people wo contact us with problems, usually when it is too late to help. (They are not usually people who have completed training with us!) It is surprising the number of people who don't appreciate what it means for the manager to be on site at all times. They think that being close, i.e. next door, is acceptable. They think that they are being treated unfairly when they are held responsible for sales made to minors by their staff. The only support we can provide is to confirm the process of prosecution and appeal.
