1 Alcohol Game Plan for club committees Managing alcohol in clubs February 2018
2 Disclaimer The information contained in this Alcohol Game Plan is intended as a general guide. While reasonable measures have been taken to ensure that the information is current and accurate as at August 2017, the Health Promotion Agency cannot accept any liability for any inaccuracy, omission or deficiency in relation to the information. It is not legal advice and you should not rely on anything contained in the Alcohol Game Plan in any legal proceedings. The information provided does not replace or alter the laws of New Zealand, and you should consult the legislation and obtain your own legal and professional advice as appropriate. The Health Promotion Agency will not accept liability for any action taken in reliance on anything contained in the Alcohol Game Plan.
3 Alcohol Game Plan for committees 1 Contents The law 3 Meeting your legal obligations...3 Important sections of the Act...3 Penalties and fines...4 Who can drink alcohol at our club?...4 Where can alcohol be consumed?...4 Visits from regulatory agencies...4 Take a clear stance on alcohol 6 1. Developing an alcohol policy Developing an Alcohol Management Plan Developing a Host Responsibility policy Crime prevention through environmental design...8 Appendix 1 9 Penalties and fines...9 Infringement notices...10 Appendix 2 11 Club alcohol policy...11 Appendix 3 12 Alcohol Management Plan for clubs...12 Things to consider...12 Appendix 4 16 Sample Host Responsibility policy for clubs...16
4 2 Alcohol Game Plan for committees Alcohol Game Plan managing alcohol in clubs Responsible management of alcohol in clubs will help provide a safe and enjoyable environment for members, their families and the community. The alternative intoxication and binge drinking can lead to significant harms both to the individual and to others around them. These harms include injury, violence, crime, sexual assault, domestic abuse, road crashes and more. While bar managers, bar staff and door staff all share some responsibility for creating a safe club environment, free from alcohol-related harms, the committee is accountable for the overall effective management of the premises, meeting all legal obligations, and ensuring staff are well trained to meet these obligations. Making sure your club is a responsible family environment where alcohol is only ever consumed in moderation requires a whole-ofclub approach. The Alcohol Game Plan aims to help committees and bar staff develop the appropriate tools to support this.
5 Alcohol Game Plan for committees 3 The law The Sale and Supply of Alcohol Act 2012 (the Act) is the legislation governing how alcohol is sold and consumed in clubs (as well as other licensed premises). The object of this legislation is that the sale, supply, and consumption of alcohol is undertaken safely and responsibly; and the harm caused by the excessive or inappropriate consumption of alcohol is minimised. The harm caused by the excessive or inappropriate consumption of alcohol includes any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury. Meeting your legal obligations To sell alcohol in your club, you must hold a club alcohol licence. club means a body that a. is a body corporate having as its object (or as one of its objects) participating in or promoting a sport or other recreational activity, otherwise than for gain; or b. is a body corporate whose object is not (or none of whose objects is) gain; or c. holds permanent club charter Clubs that sell alcohol must meet their legal obligations laid out in the Act. The onus is on the licensee to take overall responsibility for compliance with the Act. In the case of a club, the licensee is the committee. Your club licence also outlines a set of specific conditions with which you must comply. Make sure you, and all staff or club members who will be involved in selling and supplying alcohol, have sighted your licence and understand the conditions relating to your club. Important sections of the Act relevant to clubs s.46 The licensee must ensure no alcohol is sold, consumed or supplied on the premises outside the permitted trading hours outlined in your club licence. s.57 The holder of a club licence must ensure that at all times a copy of the licence, together with a statement of the conditions of the licence, is displayed inside the premises so it can be easily read by anyone entering the premises. s.60 Clubs must ensure that alcohol is only sold to club members, guests of club members that are accompanied by the member concerned, or members of a club with reciprocal visiting rights. s.61 Clubs must make sure that at all times there is a secretary of the club and that within 10 working days of the appointment of a new secretary the District Licensing Committee is advised of the name of the new secretary. All proceeds from the sale of alcohol belong to the club. s.62 It is a condition of a club licence that while the bar is open only alcohol purchased on the premises may be consumed on the premises. This means no BYO. s.239 Clubs must ensure no alcohol is sold or supplied to anyone under 18 years of age. s.212 and s.258 Managers Every holder of a club licence must appoint a manager. A manager on duty is responsible for compliance with and enforcement of the provisions of the Act and the conditions of the licence. The manager is also responsible for the conduct of the premises with the aim of contributing to the reduction of alcohol-related harm. All clubs must appoint a manager or managers. However, unless it is a condition of the licence, clubs do not, by law, have to have a manager on duty at all times (although this is advisable and worth considering). If the club is required to have a manager on duty, their name must be prominently displayed inside the premises and the duty manager is responsible for compliance with the Act and the conditions on the licence. If there is no requirement
6 4 Alcohol Game Plan for committees to have a manager on duty, it is strongly recommended that there are measures in place to actively manage the premises at any time the club is operating and to ensure compliance with the Act and the licence. References to managers in this guide refer to managers that are on duty. Penalties and fines There are serious penalties, fines and infringements for breaches of the Act. Licensees, managers and bar staff can all be prosecuted. See page 9 for futher information. Who can drink alcohol at our club? The Act is clear that only authorised customers (members and their guests) may be served alcohol. Authorised customers do NOT include the general public. Bar staff must know who they are serving to ensure they are not breaching the Act. Authorised customers include: club members guests of club members (guests must be accompanied by the sponsoring member at all times and must leave the premises when the member leaves) members of clubs with reciprocal visiting rights (these clubs should each be named within the club s rules or constitution, or this can be administered by Clubs NZ) a guest of a member of a club with reciprocal visiting rights (this must be a specific condition on your licence; you must request it. See s60(1)(b)). A member, in relation to a club, is a person who: has expressly agreed in writing to comply with the club rules; and is recognised as a member of the club by those rules. Bar staff must sight a current membership card or an affiliate s current membership card. All guests (nonmembers) should either complete a sign-in slip and be accompanied by their sponsoring member, or bar staff should ask questions to satisfy themselves that nonmembers are authorised customers. These questions may include: Are you a member of this club? Are you a member of another club? Are you here as a guest of one of our members? Are you here as a guest of a member of another club? Getting a special licence If you wish to hire out your club or host an event that includes unauthorised customers, a special licence is required from the local council. The application for a special licence must be submitted to the local council at least 20 working days prior to the event, unless the circumstances are unforeseen (e.g. a funeral or a tangi). This is to allow time for the regulatory agencies to enquire into the application and comment on suitability. Your Alcohol Management Plan (see page 12) can help to demonstrate to council your ability to manage any of the risks associated with the service of alcohol for the special event. Contact your local council for further information on what is required. Where can alcohol be consumed? Alcohol can only be consumed within the area stated in your alcohol licence. Check the details of your licence, but this generally means the clubrooms. Alcohol purchased in the clubrooms cannot be consumed anywhere outside the defined area. This means no alcohol in the carpark, on the side lines or in the changing rooms (unless these areas are covered by your licence). This can be difficult to manage without an alcohol policy (see page 10) and signage prohibiting this. Alcohol-free Area signage is available free of charge to place in carparks, on side lines, in changing rooms etc. See alcohol.org.nz
7 Alcohol Game Plan for committees 5 Visits from regulatory agencies Regulatory agencies, which include Police, the Licensing Inspector and a delegate of the Medical Officer of Health, are likely to visit your premises to conduct a compliance check from time to time. Typically these visitors will make themselves known to the manager on duty or to bar staff. These people, like you, have a job to do and want their compliance check to be of minimum disruption to you. For a routine check at granting or renewal time they may make an appointment before they call, but compliance checks can occur at any time. These agencies can apply to have a licence or manager s certificate suspended, varied or cancelled if they have evidence of breaches of the Act. Controlled Purchase Operations (CPOs) From time to time, regulatory agencies may also conduct CPOs, in which they will escort a minor (person under 18 years of age) to your club who will attempt to purchase alcohol from you. In some areas, regulatory agencies also conduct CPOs to establish whether clubs are selling to unauthorised customers. If your processes let you down and alcohol is supplied to a minor or an unauthorised customer, you may be fined and/or it could result in the licence (or your manager s certificate) being suspended or cancelled, or could cause problems at renewal time.
8 6 Alcohol Game Plan for committees Take a clear stance on alcohol The committee is responsible for setting the drinking culture in a club. Whether there is a permissive culture where intoxication is accepted, or a family environment where drinking is low key, is down to the policies and rules set by the committee. Remember that while the legislation demands you meet certain obligations, your members also expect a safe and welcoming environment, where they can relax and enjoy themselves. ServeWise Host Responsibility training 7. Crime prevention through environmental design Provides a tool to reduce aggression, assault and violence in and around the club. 1. Developing an alcohol policy Your alcohol policy outlines club rules around alcohol consumption. The policy sets expectations for behaviour and expresses the club s intolerance to intoxication. The committee needs to work collaboratively to develop the club alcohol policy to ensure it meets the best interests of members and represents the values of the club. Factors to consider in developing an alcohol policy: Where alcohol can and can t be consumed Where alcohol can be purchased The process for authorised customers to purchase and consume alcohol The process for those found disregarding the rules All committee members and bar staff are encouraged to complete the ServeWise online training. ServeWise covers important aspects of Host Responsibility and provides the knowledge and skills to manage the service of alcohol and comply with your club s legal obligations. Go to ServeWise.alcohol.org.nz Four key strategies are available to committees to help manage alcohol consumption and reduce the likelihood of associated harms: 4. Alcohol policy Clearly states club expectations including acceptable behaviour, zones for drinking, individual accountability and consequences for breaking club alcohol rules 5. Alcohol Management Plan Identifies alcohol risks and outlines strategies for how they will be managed 6. Host Responsibility policy Outlines how alcohol service will be managed and how the club will meet its obligations under the Act How alcohol sponsorship will be minimised No drugs on premises BYO alcohol not permitted No disorderly behaviour or intoxication permitted on premises Alcohol vouchers, rewards, awards and prizes not allowed. Communicating your policy to members and guests Build messages into general club marketing and advertising Post the alcohol policy at entrance to the club and on the club s website State the club s alcohol policy in contracts and newsletters Install prominent signage at entry points, in carparks, in change rooms etc. See sample alcohol policy on page 11.
9 Alcohol Game Plan for committees 7 2. Developing an Alcohol Management Plan An Alcohol Management Plan details how to manage the sale and supply of alcohol and alcohol-related risks in your club. It should be developed by the committee to ensure it gains support from the top of your organisation. It would also benefit from input from members and external stakeholders including regulatory agencies. The Alcohol Management Plan should cover: all alcohol-related risks identified by the Committee strategies and actions for reducing and/or eliminating those risks who is responsible for each action. It should be reviewed and updated on a regular basis to ensure it is up to date. See sample Alcohol Management Plan on page Developing a Host Responsibility policy Your Host Responsibility policy is a customer-oriented statement that spells out how you will comply with the law, the conditions of your licence, and the principles of Host Responsibility. If you hold an alcohol licence you must have a Host Responsibility policy and provide staff with regular and ongoing training. As a minimum, your Host Responsibility policy should address your club s policy on: Minors state your club s policy on asking for ID Intoxication explain that this will not be tolerated and how it will be dealt with Food food is available at all times alcohol is being sold. Menus are clearly visible. It is a condition of all licences that food be available at all times alcohol is sold or served
10 8 Alcohol Game Plan for committees Low-alcohol and non-alcoholic drinks free drinking water must be available and well presented at all times. A range of low- and non-alcoholic drinks must be readily available Promotions there must be no promotions that encourage excessive alcohol consumption (amongst other things). This includes drinking games. Transport staff must assist customers with transport options home. We suggest making a phone readily available so that customers can call for a taxi or ride home at any time. Clubs may also wish to support sober drivers with free non-alcoholic drinks for the driver of a team or other members, or have courtesy vans to support those who need a ride home Clear and obvious signage must be displayed about the laws relating to serving minors and intoxicated persons Members and guests who can and can t be served alcohol and under what circumstances. See sample Host Responsibility policy on page 16. Communicating your Host Responsibility policy Posting your Host Responsibility policy in clearly visible locations around the clubrooms enables members and authorised customers to understand your expectations and act accordingly. It also provides a reference point and back-up for committee members and bar staff whose job it is to enforce the policy. This policy also provides a framework for any group that hires your clubrooms for private functions. Host Responsibility training Bar staff are to be trained to recognise and understand intoxication and how to put in place practical interventions to avoid it. Staff are encouraged to intervene early and instructed not to continue serving alcohol, either directly or through others, to any customer who appears to be getting intoxicated. All bar staff should complete the free online ServeWise Host Responsibility training at ServeWise.alcohol.org.nz 4. Crime prevention through environmental design (CPTED) CPTED recognises that the proper design and effective use of the built environment (buildings, landscaping, walkways, carparks etc) can help reduce the fear and incidence of crime and antisocial behaviour. Sometimes a simple change can make a big difference. It s about designing the clubrooms and surrounding environment to reduce the opportunities for people to commit crime or take part in antisocial behaviour. It can also make your sports facilities more secure. See alcohol.org.nz for further information on CPTED. Bar staff Bar staff need to be aware of the policy, be suitably trained and receive obvious support from management, including the ongoing discussion of issues that may arise. The policy should be clearly visible to both members and staff.
11 Alcohol Game Plan for committees 9 Appendix 1 Penalties and fines There are serious penalties for breaches of the Sale and Supply of Alcohol Act. Licensees, managers and bar staff can all be prosecuted. Offence Section Licensee or manager Bar staff Irresponsible promotions 237 $10,000. The licence may also be suspended for up to seven days $10,000 Sale of a banned alcohol product 238 $20,000 $20,000 Sale or supply of alcohol to minors $10,000. The licence may also be suspended for up to seven days. $2,000 Employment of a minor in a restricted area 242 $2,000 Allowing minors to be in a restricted or supervised area contrary to the Act 245 $2,000 Unauthorised sale or supply 247 $20,000. The licence may also be suspended for up to seven days Sale or supply to an intoxicated person 248 $10,000. The licence may also be suspended for up to seven days $2,000 Allowing a person to become intoxicated 249 $10,000. The licence may also be suspended for up to seven days Being intoxicated on duty 250/251 $4,000 $2,000 Allowing intoxication on a licensed premises 252 $5,000 Allowing disorderly conduct on a licensed premises 253 $10,000 Sale of spirits in a vessel exceeding 500 ml 254 $2,000 $2,000 Allowing a person on licensed premises outside licensing hours 256 $10,000 Failure to appoint a manager, have a manager on duty at all times, or to notify appointments and terminations to the Licensing Committee and the Police (if the conditions of the licence require a manager) (1)(a) $5,000 Failure to comply with certain requirements or restrictions 259 $5,000 Sale of a prohibited alcohol product 259 $5,000 Refusal or failure to produce licence, documentation or to provide assistance or information to Police/Inspector Refusal or failure to supply licence and assistance to Police 267 (5) $2,000 $2, $2,000 $2,000
12 10 Alcohol Game Plan for committees Infringement notices Where a member of the Police observes a person committing an infringement offence or has reasonable cause to believe that an infringement offence is being or has been committed by that person, the officer may serve an infringement notice on that person for an amount not exceeding $1,000. All offences for which infringement notices may be issued may instead be prosecuted through the courts and on being found guilty the offender is liable for up to the maximum fine. The following table summarises infringement offences: Offence Section Maximum fine Underage purchase 243 $2,000 $250 Underage presence in restricted or supervised areas not accompanied by a 244 $1,000 $250 parent or guardian Permitting minors to be in restricted or supervised areas 245 $2,000 $250 Manager intoxicated on duty 250 $4,000 $500 Employee intoxicated on duty 251 $2,000 $500 Spirit sales in vessels over 500 ml 254 $2,000 $250 Other requirements and restrictions: 259 $5,000 $250 Sale outside trading hours or days (ss.46, 47, 48) Non-availability of non-alcoholic and low-alcohol drinks, food, or information about transport (ss.51, 52, 53, 54) Signage not displayed: name of manager, hours, licence and conditions (ss.58(1)(b), 56, 57) Club selling to unauthorised people (s.60) Club with no secretary or secretary not advised to DLC, or proceeds not belonging to club (s.61) Consumption in clubs of alcohol not sold by the club (s.62) Breach of any licence condition (s.63) Infringement fee
13 Alcohol Game Plan for committees 11 Appendix 2 Club alcohol policy Your club alcohol policy outlines club rules around alcohol consumption. The policy sets expectations for behaviour and expresses the club s intolerance to intoxication. The committee needs to work collaboratively to develop the club alcohol policy to ensure it meets the best interests of members and represents the values of the club. Sample Alcohol Policy (Name of club) Vision Insert your own club vision Mission Insert your own club mission (Club Name) is committed to (the mission of the club). Members of this community and this club recognise that the misuse of alcohol constitutes a threat to our mission. This policy applies to club members; their guests and members of clubs with reciprocal visiting rights, and any affiliated team (whether or not the member is an authorised customer) on club property and facilities; and while engaged in a club activity. Our rules Outline your expectations around alcohol purchase, consumption and tolerance. Things to consider: Where alcohol can be purchased Where alcohol can and can t be consumed The process for authorised customers to purchase and consume alcohol The process for those found disregarding the rules How alcohol sponsorship will be minimised No drugs on premises BYO alcohol not permitted No disorderly behaviour or intoxication permitted on premises or when representing the club Expectations when representing the club off-site or on tour Alcohol vouchers, rewards, awards and prizes not allowed. Our process: Outline how the club will develop and communicate the policy to members and guests. Things to consider: Build messages into general club marketing and advertising Post the alcohol policy at entrance to the club and on the club s website State the club s alcohol policy in contracts and newsletters Install prominent signage at entry points, in carparks, in change rooms etc. Outline regular review dates for the policy. President... Bar manager... Secretary... Date...
14 12 Alcohol Game Plan for committees Appendix 3 ALCOHOL MANAGEMENT PLAN for clubs Licensee name Trading name Licence number This plan is to be used as an operational risk management tool for dealing with alcohol-related concerns and is to be regularly reviewed and updated. This plan is to be followed by all staff and security while the premises is operating under the alcohol licence. A copy will be available to all staff at all times for reference. This plan forms part of our Host Responsibility training. All staff are aware of alcohol, resource and noise management requirements for the premises. It is our job to ensure the best result from any situation while maximising safety of staff and customers and maintaining amenity and good order. Every individual is a (potential) member or guest and must be treated so. Things to consider What aspects of intoxication/minors/customer behaviour pose a risk? Excessive consumption; drink spiking; removal from premises, etc. What actions will be taken before, during and after the event to mitigate risk? How and where will you record an incident? Are there any other relevant documents e.g. a resource consent?
18 16 Alcohol Game Plan for committees Appendix 4 Sample Host Responsibility policy for clubs The management and bar staff of (club name) believe that we have a responsibility to provide an environment that is not only comfortable and welcoming but where alcohol is served responsibly. Because of this the following Host Responsibility policy has been implemented. We provide and actively promote a good range of food available for sale at all times. Menus are visible at all times. We provide and actively promote a range of low-alcohol and non-alcoholic drinks, including (insert your own choices, e.g. low-alcohol beer, fruit juices, low-sugar drinks, soft drinks, tea and coffee). Iced water is available free of charge at all times. Members and guests who are visibly intoxicated will not be served alcohol, will be asked to leave the premises and will be encouraged to take advantage of safe transport options. It is against the law to serve alcohol to minors. If we are in doubt about your age, we will ask for identification. Acceptable forms of proof of age are a current New Zealand photo driver s licence, an 18+ Evidence of Age card or a current passport (New Zealand or overseas). Our policy is zero tolerance for aggressive, coercive or violent behaviour. Alcohol will not be consumed in any area other than the bar (or the area defined in your licence). Only alcohol purchased from the bar may be consumed on the premises. No BYO is to be consumed anywhere on this property. We encourage water as the first drink post-game. We promote a range of transport options to get you home safely. We encourage people to have a designated driver. We will make the driver s job more attractive by providing an interesting range of alcohol-free drinks free of charge. We maintain a training and management policy to give our bar staff the skills and support they need to do their job responsibly. Please be our guest and take advantage of the services we offer. We pride ourselves on being responsible hosts. President... Bar manager... Secretary... Date...
19 Alcohol Game Plan for committees 17 Health Promotion Agency Freephone: To order resources visit alcohol.org.nz AL1073 FEB 2018 ISBN: (ONLINE)
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