GREY DISTRICT LICENSING COMMITTEE (DLC) 105 Tainui Street, Greymouth Phone: 03 769 8600 Fax: 03 769 8603 LIQUOR LICENSING NEWSLETTER December 2013 THE SALE AND SUPPLY OF ALCOHOL ACT 2012 COMES INTO FORCE ON 18 DECEMBER 2013, PLEASE READ THIS NEWSLETTER CAREFULLY AS THE CHANGES TO THE LIQUOR LICENSING LAWS MAY HAVE AN EFFECT ON THE WAY YOUR BUSINESS IS RUN. GREY DISTRICT COUNCIL WEBSITE As you may already be aware the Grey District Council has a website that gets updated regularly. The website address is http://www.greydc.govt.nz/councilservices/liquor licensing You will be able to access a lot of information such as: Information on the Sale and Supply of Alcohol Act 2012 Information on the DLC (District Licensing Committee ) Information on the Liquor Ban area Information on licensed premises and bar managers. Previous newsletters that have been issued. It also gives you the ability to print forms for making new and renewal applications. 1
Christmas and holiday period hours The silly season It s that time of year again when an abundance of good food, good wine and good company is the norm. Everyone enjoys the extra socialising that comes with Christmas and holidays, and work places and organisations everywhere are holding Christmas parties. There are many more opportunities than usual to drink alcohol with family and friends. However, it s easy to get carried away and have one too many, undoing any good intentions you had of having all things in moderation. The Alcohol Advisory Council (ALAC) has come up with some tips to see you through the festive season with your health intact. For employers hosting staff parties: Set your expectations in advance. Say that you won t be impressed by drunken behaviour. Be up front and tell people drink driving isn t your only worry you don t want any accidents or embarrassing episodes. As the employer you re the host. You should implement host responsibility provisions and ensure the function doesn t get out of hand. Get loads of substantial food rolling early on in the evening. Serve more interesting non alcoholic drinks than just orange juice. It s surprising how people will really enjoy something like a grapefruit and tonic with a chunk of mint in it for a change. Don t keep serving people who are getting intoxicated. Brief the bar staff if it s an inhouse party. If it s on a licensed premise, it shouldn t happen anyway because it s illegal to serve people who are intoxicated. If you re out for the night, decide on a limit of how much you plan to drink, and stick to it or have less! Avoid rounds. Round buying often means you drink more than you want. Pace yourself. Slow down and take smaller sips. Savour the flavour! Drink water or soft drink in between alcoholic drinks. Say no to top ups. You won t be able to keep track of how much you are drinking. Also, don t let anyone pressure you into having another drink. Have excuses planned, such as No thanks, I ve had enough I ve got a lot on tomorrow. 2
Look after your guests. Don t let them drive home if they have had too much to drink. Ensure they get a taxi or offer them a bed for the night. Don t let women leave alone on foot. If guests become very drunk don t leave them alone. Seek medical assistance if they pass out. Teenagers out for the night or at parties should look out for their mates. Stick together and think about how you ll get home before you go out. It might mean asking someone in your family or a designated driver to pick you up. It s okay to catch a ride home with friends, as long as the driver is sober. If you re not sure, play it safe and find another way home. Don t try walking home alone. And finally, nothing can get alcohol out of your system water, coffee or cold showers won t sober you up. Only time and your liver can do that! Christmas Day hours This year Christmas Day falls on a Wednesday. As a reminder: Off licences are not permitted to sell liquor on Christmas Day. Hotel or Tavern No liquor is to be sold on Christmas Day to any person other than those who are: For the time being living on the premises, or, Present on the premises for the purpose of dining. ( unless a special licence has been obtained ). If you are considering applying for a special licence please do so now. If an application for a special licence is not received by the District Licensing Committee with at least 20 working days notice, it is unlikely to be processed in time. If you are not clear on this requirement, particularly in regards to diners, please don t hesitate to contact Agency staff. Hiring of Club Facilities for Rental Gain Just because your club holds a licence for its kitchen for food preparations for the purpose of functions held by or for the club in its club rooms doesn t mean that other people may operate under it. The person/people must apply for their own Certificate of Registration for the premises in question. Premises are able to be licensed to more than one operator so long as all users take responsibility to ensure that Food Safety Regulations are followed completely, that no food safety is compromised. Registering for a licence to operate is a relatively easy action for the individual person/people. 3
Before allowing your club to be hired for the purpose of Rental Gain to a person/people for commercial use you must check the residential or special planning zone requirements with your Local Council; you may find that your club s site may not be zoned to allow this. Special Licence There are a number of Clubs that host weddings, funerals, birthdays, card tournaments or just basic entertainment and sell liquor where a special licence needs to be obtained, it is important that Club s hold the correct Licence as with the increased monitoring any indiscretions could see a large increase in the fees you have to pay and could affect the viability of your Club. A special licence application now needs to be filed with Council at least 20 working days before the event. An application form and guide are available from the Council or our website. The cost of a Special Licence also varies under the new Act: $55 for one or two events covered by the licence that are of a small size $180 for three to 12 events covered by the licence that are of a small size or one to three events that are of a medium size $500 for all other special licences, including licences for events that are of a large size. The three monitoring agencies in the future will be ensuring all clubs are abiding by the law and any club found not doing so may find an application is filed with the ARLA for the suspension/cancellation of their licence. Please remember to take care when filling out your Special Licence application, it needs to be neat and tidy with a detailed map of your premises showing the area that you would like covered by the Special Licence, your application must meet the guides we have in place.. for more information on our guides please go to our website. Renewal of Manager s Certificate & Licence Controller Qualification (LCQ) Applications for renewal of a manager s certificate must be lodged with the DLC before the expiry date or they lapse. An expired manager s certificate cannot be renewed. The DLC cannot issue or renew a Managers Certificate unless the applicant holds the LCQ and the applicant has provided a copy of it to the DLC. This Committee has received a large number of applications for renewal where the LCQ has not been provided. The ARLA has recommended that two months is a suitable period of time for an agency to allow an applicant to obtain the LCQ. If you have applied for a Managers Certificate, or a renewal, and have been waiting for more than two months for it to be issued, it is possible we are waiting for a copy of your LCQ. If you are unsure please contact us. 4
When you change your address, it is important that you advise us of the change so any correspondence is sent to your correct and current address. Reminders will be sent out where possible but remember the onus is on you to renew within the period. Not receiving the reminder is not a reason for not renewing on time. To make an application for a Manager s Certificate you must be able to answer YES to all the questions below: 1. I have attended a Polytech course on the Sale AND Supply of Alcohol Act 2012 and host responsibility, 2. I hold the Licence Controller Qualification, 3. I am currently employed in the industry, 4. I have had a least six months recent experience, and 5. I am employed in or live in the Grey District. 6. I am 20 years and over. Licence Controller Qualification What is the LCQ? The Licence Controller Qualification (LCQ) is the Prescribed Qualification which is required to demonstrate that those applying for or renewing their Manager's Certificate have received Recent and Relevant Training as set out in the Sale and Supply of Alcohol Act 2012. Want to get your LCQ? Find a training provider in your area (Greymouth Polytechnic) Successful applicants complete the LCQ Application Form located under LCQ Forms Once your LCQ Certificate is received from Service IQ you must apply for your Manager's Certificate through your local Council. If you have any queries regarding your LCQ please do not hesitate to contact Service IQ at intel@servicesiq.org.nz or by free phone 0800 863 693. 5
MAJOR CHANGES RELATING TO THE NEW Legislation LAP (Local Alcohol Policy) The Grey District Council is current working on a draft LAP, this should be available for public consultation early in 2014, it is important that you or your organisation have a say on this document as it may have an effect on the way your business is run. Issues may include; maximum hours, number of outlets allowed, distances outlets are allowed near schools, churches etc., one way door policies, liquor bans. Risk base fees Risk base fees have now been set by the Ministry of Justice, they include an application fees plus an annual fee, Different Licences have base points which the fees are set at and can incur penalty points if License have enforcements issued against them, increased points could mean increased fees that will need to be paid. A copy of the regulations governing the new fees is attached. Manager Certificates There will now only be one type on Manager Certificate for all types of License s and all applicants will now be required to hold the prescribed qualification. Persons holding a current Club Managers Certificate will now need to attend a Polytechnic course to get the prescribed qualification before it can be renewed. Monitoring of Licensed Premises The new Act now requires the three Agencies to do more monitoring of all Licensed Premises, so it is more important than ever to ensure you abide by the Act and the conditions of your Licence and have the correct procedures in place as any indiscretions may have an effect on the fees you have to pay. District Licensing Committee (DLC) All applications opposed or unopposed will now be heard locally by the District Licensing Committee, the DLC will be headed by a Commissioner and two other members, all from outside Council. Infringement Fees The Police and Licensing Inspectors now have powers under the Act to issue infringement notices, the fees range from $250 to $500 depending on the offence. Trading hours There will be a national default trading hours as at 18 December 2013 and these will apply to all licenses unless the existing hours are more restrictive in which case the hours stated on the licence will apply. For example, if your licence allows alcohol to be sold from 11am to 1am the following morning then those hours will still apply. These default hours cannot be altered unless a Local Alcohol Policy (LAP) is in force. 6
The default hours are: On Licences and Club Licences; between 8am on any day and 4am on the next day, Off Licences; between 7am and 11pm on any day. To find out more about the changes go to www.justice.govt.nz/policy/sale and supply of alcohol or www.alcohol.org.nz/legislation policy/sale and supply of alcohol act 2012 Authorised Duty Managers A common belief is that a staff member can work the duty manager s shifts because they are booked into, or have completed a Duty Managers training course. This is incorrect. An authorised Duty Manager is either the holder of a current Managers Certificate, or someone who has been correctly appointed as an acting or temporary duty manager. Unfortunately a few people are getting this wrong and in doing so commit serious offences under the Sale of Liquor Act. Temporary Managers (Section 229, SSA 2012) A temporary manager may be appointed by the licensee (the license holder) if a Manager is ill, absent for any reason, dismissed, or resigns. A temporary manager does not need to hold a Manager s Certificate at the time he/she is appointed, but must apply for a Certificate within two working days after the appointment. If a certificate is not applied for within two working days, or if the appointment is refused by the Liquor Licensing Authority (LLA), then the licensee shall cease to employ the individual as a manager. Acting Managers (Section 230, SSA 2012) An Acting Manager may be appointed by the licensee (the licence holder): When the duty manager is unable to act because of illness or absence. The maximum length of such an appointment is three weeks. When the duty manager is on vacation or annual leave. The maximum length or appointment is an aggregate 6 weeks in each 12 month period. It is not necessary for an Acting Manager to apply for a Manager s Certificate. 7
The appointment of an Acting or Temporary Manager must be notified (pursuant to section 231), to the Liquor Licensing Authority (LLA), your local Council, and the Police unless the appointment of a temporary or acting manager does not exceed a period of 48 hours. In both cases we recommend you have a copy of the appointment form available for inspection on the licensed premise. The acting or temporary manager s name must still be displayed. Forms are available from your local Council office or web site. The most common mistakes: The temporary manager has not made application for a manager s certificate within two working days of their appointment. The acting manager has exceeded their maximum appointment time. The notice of appointment form has not been forwarded to the required agencies. The temporary or acting manager s name is not displayed. The temporary or acting manager was unaware of their appointment and responsibilities. Where an acting or temporary manager s appointment is invalid, any liquor sales are unauthorised and could result in a fine not exceeding $20,000 or the suspension of the licensee s licence for a period not exceeding seven days, or both. It is recommended licensees and managers physically sight and keep copies of Managers Certificates, and check that all appointments of acting and temporary managers are valid. Onset of Intoxication: Tackling the intoxication issue With the Christmas and silly season upon us please remember to keep an eye out for people becoming intoxicated on your premises The ARLA have stated that allowing intoxication on licensed premises is one of the more serious offences committed under the Sale and Supply of Alcohol Act 2012. Where intoxicated persons are found on licensed premises there are monetary penalties which may be imposed, and the liquor licence can also be suspended. It is 8
pointed out that the seriousness of the offence requires the police to report on the conviction to the Authority. This includes the reporting of the matters in section 281 of the SSA 2012. The Authority may cancel the licence or suspend the licence for up to six months. The Authority has said, in Dayal Holdings Ltd LLA Decision PH568/04, that: It seems to us that allowing a person to be or become intoxicated while on licensed premises is the most vivid form of liquor abuse. Duty managers must be able to recognise the early signs of intoxication, high risk patrons, and intervene by either slowing or stopping service of liquor before a patron becomes intoxicated. To keep it simple, and based on LLA decisions, it is considered that someone is intoxicated to the degree where they should not be on licensed premises if they are showing any three of these signs: loud or slurred speech vacant or glazed look on their face Hand eye co ordination problems. Clumsy, slow or delayed reactions. Unsteady on their feet. Annoying overfriendly or inappropriate behavior. A popular misconception is that a strong cup of coffee or substantial meal will sober up an intoxicated person. That is incorrect. It takes time for the liver to remove the alcohol from the blood. Food can make a huge difference but must be eaten before or at least while liquor is being consumed. High fat high protein foods are considered best at slowing down alcohol absorption. Your focus must be on preventing intoxication. However despite your best intentions if a patron does become intoxicated: Can they remain on licensed premises? No with one exception: If you believe that removing an intoxicated person from the licensed premises would endanger them, and you have moved them to a place of safety on the premises, and you have or are arranging safe transport, and they are not consuming liquor, and all bar staff are aware of the situation and you have noted all of that in your incident book; we would consider you a very responsible host. Keep in mind that a drink spiking victim may also exhibit the signs of intoxication. 9
BUT remember that, if the person in question became intoxicated on your premise an offence has been committed. Offences relating to intoxication under the Sale and Supply of Alcohol Act 2012: Section 241: Employee intoxicated on duty. Section 247: Unauthorised sale or supply. Section 248: Sale of supply of liquor to intoxicated persons. Section 249: Allowing persons to become intoxicated. Section 252: Allows any intoxicated person to be or to remain on the licensed premise. Your focus must be on preventing intoxication. 10
Controlled Purchase Operations and minors Just a reminder that controlled purchase operations are ongoing and will be carried out at any time. On, Off, and Club licensed premises will be visited. For those who aren t aware, controlled purchase operations involve a minor (person under 18 years of age), entering a licensed premise and attempting to purchase alcohol. A sale to a minor will result in legal action through the ARLA and/or the District Court. Please take this opportunity to remind all staff, and ensure you have systems in place to ensure sales are not made to minors and other unauthorised persons. Please remember if they look under 25 years of age and have no suitable ID then no service NO EXCEPTIONS. Drink driving If patrons offer you their keys to store behind the bar be very careful about giving them back to them. After a few drinks we can all feel as if we are even better drivers then before! You are not stealing their keys by refusing to give them back, you are preventing a crime. The same applies if you take keys off a patron whom you consider is intoxicated and intending to drive. The Police will back you in this decision. Be very cautious about returning keys to drivers in the morning as they could be still over the limit to drive. This is because our bodies can only rid ourselves of one standard drink and hour. If you have done all that you can to prevent someone from drink driving and they do anyway call 111 and let the police know. Also write that in your incident book so if the worst does happen you have a record of the steps you took to avoid it. 11
Would You Like To Be Emailed Newsletters? Simply email Sarah Van Looy at info@greydc.govt.nz with the appropriate email address for your premises and we ll add you to an email list for newsletters and other licensing information. Newsletters are also available on our website www.greydc.govt.nz PLEASE CIRCULATE THIS TO ALL YOUR STAFF ESPECIALLY DUTY MANAGERS AND/OR PLACE ON YOUR NOTICE BOARD Contacts Grey District Council Alan O Connell (Licensing Inspector) NZ Police Sean Judd Community & Public Health Carol McIntosh Phone 7681168 Secretary Paul Pretorius 12