The Local Alcohol Policy is made under the Sale and Supply of Alcohol Act 2012 and must be reviewed every six years. All councils can choose if they want to have a Local Alcohol Policy or not.

The purpose of a Local Alcohol Policy is to have local rules that apply to any alcohol licences issued for the sale and supply of alcohol in that community. The rules help achieve the objectives of the Act to ensure the sale, supply, and consumption of alcohol, is done safely and responsibly, and that alcohol-related harm is minimised.

The Local Alcohol Policy tells the District Licensing Committee and the Alcohol Regulatory and Licensing Authority what Council wants the sale and supply of alcohol to look like in the Waipā community.

The District Licensing Committee is the independent body which decides on applications for onlicences, off-licences, club, special licences and temporary authorities within their local area. The Alcohol Regulatory and Licensing Authority (ARLA) is the next step up. They are the tribunal which determines any appeals of District Licensing Committee decisions and deal with enforcement applications.

There are four different kinds of alcohol licences:

1. On-licences - Alcohol is allowed to be sold and supplied for consumption on the premises, such as a bar or restaurant.
2. Off-licences - Alcohol is allowed to be sold for consumption somewhere else, such as a supermarket or bottle store.
3. Club licences - Alcohol is allowed to be sold and supplied for consumption on the premises to a member of the club, a member’s guest, or an authorised visitor. This is the kind of licence held by sports clubs or an RSA for example.
4. Special licences - Special licences are held for specific events described in the licence. There are two kinds of special licences: on-site special licences and off-site special licences. Special licences are used for things such as festivals, concerts, or weddings.

In relation to alcohol licences, a “premises” means the physical place for which the licence was issued. A premises can have more than one kind of licence. For example, a tavern can have both an on-licence so you can drink there and an off-licence to buy alcohol to take away.

Licence applications get assigned a risk rating based on the type of activities that happen there. These ratings are set out in the Sale and Supply of Alcohol (Fees) Regulations 2013.

One-way door restrictions mean people can leave a premises but, after a certain time of night, they can not enter or re-enter the premises. Having a one-way door restriction can minimise alcohol-related harm caused by venue hopping.

As in section 5(6) of the Sale and Supply of Alcohol (Fees) Regulations 2013 a Class 1 club is, a club that has or applies for a club licence an
a) has at least 1000 members of purchase age; and
b) in the opinion of the territorial authority, operates any part of the premises in the nature of a tavern at any time.

As in section 5(6) of the Sale and Supply of Alcohol (Fees) Regulations 2013 a class 1 restaurant that has or applies for an on-licence and
a) has, in the opinion of the territorial authority, a significant separate bar area; and
b) in the opinion of the territorial authority, operates that bar area, at least 1 night a week, in the manner of a tavern.

We are currently not proposing to cap off-licences in Pirongia or Ōhaupō at this time.

Section 5(3) of the Sale and Supply of Alcohol (Fees) Regulations 2013 classes the following premises as “Higher Risk”:

• a)Class 1 restaurant
• b)Night club
• c)Tavern
• d)Adult premises
• e)Hotel
• f)Premise that have a risk weighting of 15 or more due to the activities and hours of the premises

An Alcohol Control Bylaw creates permanent and temporary alcohol ban areas. Alcohol ban areas outline where it is prohibited to consume, bring into, or possess alcohol in public places or vehicles in those public places.

Public places are any area that is open to or being used by the public. It includes roads, footpaths, pedestrian malls, parks and reserves. It may even include other spaces used by the public, including car parks, school grounds, and other privately owned spaces that are open to the public.

There are certain practical exceptions to this ban, like carrying home alcohol in unopened containers just bought from a shop. It is also possible to make an application for a dispensation so that people may have controlled events, like weddings in alcohol ban areas.

The aim of creating alcohol ban areas is to reduce or prevent alcohol-related crime or disorder in areas where this is likely to occur. The Alcohol Control Bylaw does this by showing where alcohol ban areas are and at what times they apply.

Council may create permanent alcohol ban areas which apply for the life of the bylaw, or temporary alcohol ban areas that only apply for certain times and events.

Council does not enforce the alcohol ban areas, the Police do. The Alcohol Control Bylaw gives the Police the power to enforce the alcohol ban areas including to search people.

The Alcohol Control Bylaw was first made in 2008 and was reviewed and amended in 2015.

Under the Local Government Act 2002 (LGA), a bylaw must be reviewed within its first five years, and then again at least every 10 years. This review has been brought forward so that all the

alcohol related controls can be consulted on together, which will mean that council will meet this requirement.

The bylaw is made under the LGA. Section 155 of the LGA requires that before commencing

the process of making (or reviewing) a bylaw, we must determine whether a bylaw is the most appropriate way of addressing the perceived problem.

The Strategic Planning and Policy Committee determined this was the case for the Public Places Bylaw at its meeting on November 29, 2023.

Section 155 of the LGA also requires that if a bylaw is the most appropriate way of addressing

a problem, we must then decide whether the bylaw is the most appropriate form of bylaw, and whether or not the bylaw gives rise to any implications under and is not inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA).

We have reviewed the draft bylaw and have determined that it is the most appropriate form of bylaw, subject to the outcome of the consultation process, and while it does give rise to implications under the NZBORA, it is not inconsistent with that Act. Further details about this determination can be found at the Strategic Planning and Policy Committee meeting on June 5, 2024.

There are currently no alcohol ban areas in Pirongia or Ōhaupō and are not proposed to be included at this time. The proposed Alcohol Control Bylaw changes that will affect Pirongia and Ōhaupō include the proposed 24-hour ban on all skateparks and the Night-time 8pm to 8am alcohol ban on playgrounds and cemeteries.

The current fees someone pays when they apply for a licence to sell alcohol were set in 2013 by the Sale and Supply of Alcohol (Fees) Regulations. The only way council can change those fees, is to make an Alcohol Fees Bylaw under the Sale and Supply of Alcohol Act 2012 and the Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013.

Creating an Alcohol Fees Bylaw, means council can bring licencing fees in line with the increases in costs since 2013, to processing and monitoring alcohol licences. This is becoming a tool more commonly used by councils around the country.

It is proposed to increase alcohol licensing fees by 35 per cent from July 1, 2025 and another 35 per cent from July 1, 2026 to recoup some of the loss of processing and monitoring alcohol licences. These increases will still not recoup 100 per cent of the costs as there is an element of public good to council processing, monitoring and hosting hearings for alcohol licences.

An Alcohol Fees Bylaw sets the:

• Annual fees and application fees for licensed premises
• Fees for a special licences
• Fees for a temporary authority
• Fees for a temporary licence
• Fees for a permanent club charter
• Fees for an extract from register.

The current fees are set out in the Sale and Supply of Alcohol (Fees) Regulations 2013. The renewal licence fee set in the act for high risk currently costs more than the application fee.

The proposed fee increase is a blanket 35 per cent across all the fees, so the renewal fee continues to be higher than the application fee.