Introduction
These guidelines1 are intended to help territorial authorities considering a local alcohol policy (LAP). They will be updated from time to time as information becomes available from finalised LAPs. Your feed back is always welcome to assist with this.
What is a local alcohol policy?
A LAP is a set of decisions made by a territorial authority in consultation with its community about the licensing of alcohol in its geographical area. Territorial authorities are not required to have LAPs but provision is made under sections 75 – 97 of the Sale and Supply of Alcohol Act 2012 (the Act) for them to be introduced by those territorial authorities that want to. Each territorial authority can only have one LAP although it may contain different conditions for different areas within the district.
District licensing committees (DLCs) and the Alcohol Regulatory and Licensing Authority (ARLA) are required to take the provisions of the LAP into account when they are considering licence applications.
The Ministry of Justice provides some basic information about the LAP provisions in the Act.
How will a LAP be applied to licensing decisions? New licences and renewals
In deciding whether to issue a licence, the DLC concerned, or ARLA if it is making the decision, must have regard to a number of things, including any relevant LAP.
A new licence application may be refused if it is contrary to the LAP.
The local alcohol policy may set out licence conditions that may be imposed by the DLC or ARLA.
When a licence is due for renewal it cannot be refused on the grounds of inconsistency with the LAP but conditions can be added to bring the licence into line with it.
In effect, this means that if the LAP has policies, for example, about the numbers and location of premises, then these policies cannot be used as a way of refusing to renew a licence but they can be used to refuse a new licence application.
Special licences
A special licence may be refused if it is contrary to the LAP.
Licence conditions may be imposed on a special licence to bring it into line with the LAP
One-way door restrictions
If a LAP contains a requirement for a one-way door restriction for on-licences or club-licences, then that requirement must be complied with even if it is not specifically made a condition of the licence.
What if there is no lap?
If there is no LAP in force then the provisions of the Act apply.
The default maximum national trading hours are:
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the hours between 8am and 4am for on licences and club licences
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the hours between 7am and 11pm for off licences.
A DLC may issue or renew a licence subject to conditions that require more restrictive trading hours.
There are restrictions on trading hours related to Anzac Day, Good Friday, Easter Sunday and Christmas day, which apply to on-licences and off-licences.
One-way door restrictions may be set by licence conditions when there is no LAP.
The licensing authority or the DLC must take into account a number of criteria including the impact of the licence on amenity and good order that may be a reason for not issuing a licence.
Licensing conditions can be set when a licence is granted to ensure that the premises comply with the object of the Act.
Joint laps
Two or more territorial authorities may share a LAP for their districts. If they choose to work together with one LAP, then it applies as if they were a single territorial authority with a single district. A joint LAP could provide differently for different parts of the combined district, and may apply to only part of a district.
What a local alcohol policy can include
LAPs adopted by territorial authorities, will be able to:
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limit the location of on, off and club licensed premises in particular broad areas or near certain types of premises or facilities
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limit further on, off and club licences in a particular area
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restrict or extend the maximum trading hours set in the Act
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recommend discretionary conditions to be applied to licences or kinds of licences
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impose ‘one-way door’ restrictions that would allow patrons to leave licensed premises but not enter or re-enter during specified times.
LAPs may apply to all types of licences (with the exception that the first two dot points above are not applicable to special licences). LAPs cannot include policies on matters unrelated to licensing and must be reasonable and consistent with the object of the Act.
There is as yet no case law on LAPs so legal advice about specific content can do little more than repeat the provisions in the legislation. Authoritative guidance on what LAPs can and cannot include will emerge as the ARLA creates case law. In the interim, territorial authorities, in developing draft LAPs, may find it useful to consider some of the ideas presented in this document with the proviso that they have yet to be tested in law.
Location
Location is largely about where licensed premises are allowed within the geographical area covered by the LAP. There is good evidence that limiting access in certain areas is associated with reducing levels of violent offending and other risky behaviours and may reduce location specific harms.2,3 In addition public concern about alcohol sales in particular areas can be addressed.
The location of licensed premises can already be addressed through district plans under the Resource Management Act. Territorial authorities need to have regard for the objectives and policies of their district plans when drafting the LAP. The LAP may be more restrictive than the district plan but may not authorise anything that is forbidden by it.
Policies for location of premises may be by reference to:
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broad areas
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premises of a particular kinds
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facilities of a particular kind.
Subject to confirmation through case law:
1. Broad locational areas could involve:
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a particular part, or parts, of the district considered to be the entertainment precinct or specified business districts where alcohol licences may be allowed
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other parts of the district where licences may be allowed
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residential, industrial or other areas (eg, where there is direct access to major highways) where alcohol licences will not be allowed
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near public parks or reserves where alcohol licences will not be allowed
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areas where one type of licence is allowed but another type is not allowed.
2. Proximity to premises of particular kinds could involve being near:
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schools or early childhood centres
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hospitals or rest homes
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churches, marae, and other religious or community premises
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residential housing
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other licensed premises.
3. Proximity to facilities of particular kinds could mean things like:
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a sporting complex or swimming pool
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a public transport hub or taxi stand
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sports grounds or playgrounds
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other community facilities.
In drafting the LAP, the territorial authority may wish to make provision for licensed premises not to be allowed in certain locations or in buffer zones around those locations.
Limiting further licences
The limitation of further licences is about the acceptable density of alcohol licences in a particular area. The LAP could identify a threshold below which DLCs or ARLA may issue new licences and above which they may not. Decisions on what threshold is appropriate are likely to be an outcome of consultation among stakeholders and with the community.
There are significant associations between off-licence density and high-risk drinking among young people.4 There is also strong evidence that substantial changes in the number of alcohol outlets result in significant changes to alcohol consumption and related harm. A growing number of studies have found higher rates of alcohol related problems in areas with higher outlet densities and an association of higher density with the socio-economic status of the neighbourhood.5,6 However, the relationship between density and harm is also variable and in some areas a high outlet density may have little or no effect in terms of these outcomes.7 It is, therefore, important that policies around density are locally specific.
Subject to confirmation through case law the LAP could require:
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there to be no more than x off-licences in the district, or part of the district
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there to be no more than y on-licences in the district, or part of the district
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the entertainment precinct for the city to be limited to z licences
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a ‘sinking lid’, whereby the number of licensed premises is reduced over time.
Hours
Default maximum trading hours are provided in the Act. They are:
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between 8am and 4am the next day for on-licences and clubs
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between 7am and 11pm on any day for off-licences.
A LAP can have different maximum trading hours to the national default hours.
There is strong and reasonably consistent evidence from a number of countries that changes to hours or days of trade have significant impacts on volume of alcohol consumed and on the rates of alcohol related problems. When hours and days of sale are increased, consumption and harm increase, and vice versa.89
Subject to confirmation through case law the LAP could include:
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more restrictive maximum trading hours (either later opening or earlier closing or both) than the default maximum hours providing they are reasonable in the light of the object of the Act
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less restrictive maximum trading hours (either earlier opening or later closing or both) than the default maximum hours providing they are reasonable in the light of the object of the Act
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different maximum trading hours for different parts of the district. For example, entertainment precincts may have later closing hours than licences in other parts of the district.
Discretionary conditions
The Act allows a DLC or ARLA to impose any condition that is consistent with it. The Act specifies a number of mandatory and discretionary conditions as well as requirements that licensees and managers must observe. On-licences, club licences, off-licences, and special licences must be issued with conditions that are specified in Part 2 of the Act (in particular sections 109 – 118).
There are also minimum requirements for licences that must be observed even if there is no specific licence condition – such as making sure non-alcoholic drinks, low-alcohol drinks, and food are available, as well as help with, and information about, transport. A summary of the requirements referred to in the legislation is contained in Appendix One.
Territorial authorities can include policies about discretionary conditions that could be imposed in certain circumstances in their LAPs. The DLC or ARLA must have regard to these conditions when deciding the conditions to be imposed on a particular licence. Conditions must be reasonable and consistent with the Act.
Subject to confirmation through case law there are a range of matters that could be considered for inclusion in LAPs as discretionary conditions. Inclusion would provide guidance to the DLC when deciding which licence conditions are necessary to ensure that the object of the Act is achieved such as those to do with the design and layout of premises. Any matters for inclusion will be highly dependent on local conditions and an exhaustive list has not been attempted. However, examples of such conditions could include:
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minimum seating or maximum occupancy requirements
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no serving in glass containers at specified times
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use of certain containers at public events
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a limit on drink sizes after specified times
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number of door staff required at certain hours
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management of patrons entering the premises
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surveillance equipment eg, cameras and exterior lighting
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provision of free water in each room or bar area
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a limit on the use of outdoor areas after specified times
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training of staff in host responsibility and other necessary skills
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special conditions for premises that are authorised or licensed under the Gambling Act 2003
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designation of bottle stores to prevent entry by unaccompanied minors
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display of safe drinking messages in off licences
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signage indicating intoxicated persons or minors will not be sold alcohol
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signage in on- and club licences advising that food is available
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managers to be on duty at certain busy periods for BYO licences.
Discretionary conditions could also be more restrictive when licences are being issued for the first time. They may apply to certain types of licences or to licences in certain parts of the district.
One-way door restrictions
One-way door restrictions are requirements that no person10 can be admitted or re-admitted to licensed premises or sold alcohol while such a restriction applies. For example, the restriction could be that from 1am to closing time at 3am, people may leave a licensed premises, but noone will be admitted or re-admitted.
The purpose of one-way door restrictions is to reduce the migration of patrons between licensed premises in the late night drinking environment in order to reduce high levels of alcohol-related problems, and consequent high police workloads. It is expected that one-way door restrictions would apply in the hours before closing time although they could potentially be applied at other times if it was justified in terms of the purpose of the Act. One-way door restrictions are more likely to be effective if they are consistent and in areas with a high density of outlets – such as entertainment precincts – where there is high police presence. They may be less effective in low density areas or for isolated licensed premises where enforcement might be more difficult and costly and where the migration opportunities are less.
One-way door restrictions apply to on-licences and club licences.11 They could apply to the whole district or part of the district. One-way door restrictions may also be imposed by the DLC or ARLA as a condition on any licence independently of a LAP.12 If there is a difference between the requirements of the LAP and a one-way door condition imposed on the licence, the most restrictive requirement applies.
Before adopting one-way door restrictions, territorial authorities should consider potential unintended impacts and take any steps necessary to mitigate any problems arising from them. Potential problems could include:
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an unfair advantage to some premises over others – for example popular premises or those that hold a higher number of patrons
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aggressive behaviour directed at door staff and the need for licensees to hire more security staff
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the possibility of special promotions just before the start of the one-way door restriction in order to attract an increased captive market
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the impact on food outlets and other businesses operating late at night that could be adversely affected by the restriction
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the impact on patrons needing to leave the premises to smoke or talk on the phone
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people who need to enter to the premises in an emergency
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potential isolation of friends and family members outside the premises who may be more vulnerable to crime and violence.
It is also conceivable that one-way door policies may result in some patrons drinking for longer hours than they would have otherwise – for example they may in the absence of a one-way door restriction leave the licensed premises to seek alternative services (such as fast food outlets) before returning later to the licensed premises.
Apart from a Christchurch evaluation13 the literature on regulated one-way door systems is largely limited to a number Australian studies in areas where one-way door restrictions (lockouts) have been introduced. There is some evidence supporting the efficacy of one-way door systems in reducing crime and violence in the late night drinking environment but other studies have found either a negligible impact or have been unable to identify the specific contribution of one-way door restrictions over other interventions such as increased police surveillance operating at the same time. It will therefore be important to take the opportunity to evaluate particular policies in order to add to the body of evidence.
What is the process for making a local alcohol policy?
The Act sets out a process for making a LAP. There are a number of steps that are the minimum requirements.
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draft policy developed in consultation with Police, licensing inspectors and Medical Officers of Health
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consult with community using the special consultative procedure
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prepare a provisional policy that takes account of consultation feedback
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publicly notify and release provisional policy (it is than open to appeal)
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provisional policy adopted 30 days after above public notification, or after appeals resolved
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public notification of council adoption of final policy.
Further information of the first three steps above is found on the Ministry of Justice website.
Preliminary requirements
The following information must be taken into consideration when drafting a LAP:
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the objectives and policies of the district plan
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the number of licences of each kind held for premises in the district, and the location and opening hours of each of the premises
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any areas in which bylaws prohibiting alcohol in public places are in force
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the demography of the district's residents (including holiday home owners)
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the demography of people who visit the district as tourists or holidaymakers
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the overall health indicators of the district's residents
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the nature and severity of the alcohol-related problems arising in the district.
The council will need to be able to demonstrate that this information has been considered. However, it is important to note that all of this information, along with consultation, helps to bring together a picture of the actual or potential impact of alcohol in the council area. It is difficult to identify one particular item of information that directly justifies a particular element of a LAP.
Examples
Some councils have already published information reports:
Auckland’s is available here:
http://www.aucklandcouncil.govt.nz/EN/planspoliciesprojects/reports/technicalpublications/Documents/localalcoholpolicyresearchreport.pdf
Porirua City Council published an issues paper to aid its consultation process. The paper is available here:
http://www.pcc.govt.nz/DownloadFile/News---Events/Public-Consultation/Local-Alcohol-Policy/Local-Alcohol-Policy---Issues-Paper
Waimakariri District Council local alcohol policy research report is available here:
http://www.waimakariri.govt.nz/Libraries/Consultations/Local_Alcohol_Policy_Research_Report.sflb.ashx
A study of data available to the Queenstown Lakes District for making a liquor policy was conducted in June 2012. It contains some useful data sources. The report is available here:
http://www.alcohol.org.nz/research-resources/research-publications/assessment-data-quality-examining-alcohol-related-issues-qu
Where can information required in the Act be found? Council information
The district plan, the numbers of licences, and alcohol ban bylaws are information that a council holds.
The district plan
Was there background work, consultation, or surveys conducted to contribute to previous work carried out by the council that could be relevant to a LAP?
Does the long-term plan for the region contain relevant information?
Note that a LAP may be more restrictive than the relevant district plan, but it cannot authorise anything forbidden by the relevant plan. (s 93)
Current licensed premises
It could be useful to plot information about the location of licensed premises on a map layered with zoning or other relevant information.
Can you collect information about opening hours and closing times in the district?
Alcohol control bylaws
Existing alcohol control bylaws (liquor bans) could also be shown on maps.
Alcohol control bylaw breach information should be available from Police, for example:
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age and gender of people arrested/convicted with breaches
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analysis of breaches by time and day of the week.
The alcohol harm reduction officer in your Police district should be able to help.
The demography of the district’s residents and visitors
Some information about the people in your district is available from the 2006 and 2013 Census at Statistics New Zealand.
Local Government profiles are available on the Department of Internal Affairs website.
A number of New Zealand councils have community profiles put together by a specialist company .id (informed decisions). (Click on NZ and scroll down to see their NZ clients)
The Ministry of Business, Innovation & Employment has a number of tourism profiles available here:
Visitor accommodation statistics are available by region here:
Has the council produced demographic profiles for another purpose?
Is there a visitor strategy for the district? It may be helpful. Some useful examples are Wellington’s visitor strategy, Northland’s visitor strategy, and Taranaki’s visitor strategy.
Overall health indicators Public health units
Your local public health unit should be able to help you find information about alcohol related chronic diseases. They may be able to provide or refer you to where in the DHB you can obtain information about hospital emergency departments and alcohol-related presentations or admissions.
ACC
Your local community injury prevention consultant may be able to help with information about injuries in your district.
Further useful health related links
The Ministry of Health report Alcohol Use in New Zealand: Key results of the 2007/08 New Zealand Alcohol and Drug Use Survey has general information about deprivation levels (but not geographic areas) and ethnicity and alcohol.
Regional results from the Ministry of Health’s 2011/12 New Zealand health survey are available.
There is general information about young people and alcohol use in Youth ‘07: The Health and Wellbeing of Secondary School Students in New Zealand. Young People and Alcohol.
Health Impact Assessment
A health impact assessment could be a useful tool to consider the impact of a local alcohol policy.
Health impact assessment (HIA) is a systematic way of identifying the potential impacts on the wellbeing and health of the population of any proposed policy, strategy, plan or project, prior to implementation. International experience has found that without an explicit process, such as HIA, the availability of technical information on the expected health and wellbeing impacts is unlikely to be sufficient to influence decision-making to any significant degree.
You may be able to get help with a health impact assessment from your Public Health Unit (a list of them is available here) or your Medical Officer of Health (a list of them is available here)
Further information
Guidance for health impact assessments is available from:
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HPA’s guide to Health Impact Assessment for Local Alcohol Planning here
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the Public Health Advisory Committee’s A Guide to Health Impact Assessment
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the Ministry of Health: Whānau Ora Health Impact Assessment.
Nature and severity of alcohol problems in the district Police
Your local Police alcohol harm reduction officer will be able to help you with data requests or you can consult the The Police National Alcohol Assessment 2009
Road Traffic Crashes
The Ministry of Transport publishes comprehensive traffic crash data and in particular there are local body casualties and crashes available
Safe Communities
Are there designated Safe Communities in your district?
Some of the information gathered to meet the requirements for a safe community application may be useful.
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