No new licences to be granted for Class 11 restaurants located within 150m of sensitive sites

Reasoning

Under the current LAP no new licenses can be provided to taverns located within 150 meters of sensitive sites while all restaurants (including Class 1) and cafes can be provided new licenses.

The primary reason for this proposal is to provide clarity and consistency in terms of operational realities between taverns and Class 1 restaurants. Staff note that based on their experiences when dealing with various Class 1 license restaurants, these premises often use their legal classification to function as a tavern most nights of the week, where the purpose of the business is to principally provide alcohol to the public.

The proposed change also allows Council to reduce accessibility and availability of alcohol for longer periods near sensitive sites.

Staff note that if this proposal is accepted then a case-by-case approach will be adopted when dealing with new licences relating to Class 1 restaurants.

Options considered

Option 1 – status quo Allow Class 1 restaurants applications for new licences to be assessed without consideration for sensitive sites located within 150 metres.

Option 2 – No new licences to be granted for Class 1 restaurants located within 150 metres of sensitive sites.

Meaning, adopt a sinking lid approach and disallow any new Class 1 restaurant licences for premises located within 150 metres of sensitive sites.

The above approach would reduce accessibility and availability of alcohol and offer protection for young people from exposure to alcohol promotion, helping to reduce the risk of early onset of drinking and problems developing.

Option 3 - No new licences to be granted for Class 1 restaurants located within 150 meters of sensitive sites unless such premises are within the CBD area3.

This option would allow Class 1 restaurants to apply for alcohol licenses within CBD region even if they are within 150 metres of any sensitive sites. This option will allow Council to strike a balance between health and safety of the region and a vibrant and prosperous CBD.

Preferred option

Option 2 – No new licences to be granted for Class 1 premises located within 150 metres of sensitive sites.

*Note : As per Regulation 6 of Sale and Supply of Alcohol (Fees) Regulations 2013:

Class 1 restaurant means a 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.

As per Section 5 (1) (Interpretation) of the Sale and Supply of Alcohol Act 2012 a Tavern:
a. means premises used or intended to be used in the course of business principally for providing alcohol and other refreshments to the public; but
b. does not include an airport bar.

Reduce operating hours for on-licences Class 2 and 3 restaurants, cafes, and wineries from 10am to 12am instead of 10am to 2am.

Reasoning

The current policy allows Class 2 and 3 restaurants, cafes and wineries to operate between 10am to 2am similar to that of Class 1 restaurants, taverns, night clubs and BYO entertainment centres.

However, the present hours do not reflect the reality of the business commercial operations and open up the possibility for certain businesses to provide alcohol in a time frame that is outside the framework of their scope of operation such as cafes operating a 2 am. In the current setup the provisions of food and free water is sufficient to allow these types of businesses to legally operate until late.

Cafes, wineries, Class 2 and 3 restaurants, are known to operate well within the operating hours under the current LAP (10am to 2am).

Staff note that in reality the usual operating hours for such type of premises is between 10am to 10pm.

Adoption of this proposal would also allow reduction in effects of alcohol caused by premises that fall within 150 metres of sensitive sites.

Options considered

Option 1 - Maintain status quo: Allow Class 2 and 3 restaurants, cafes, and wineries to operate between 10am to 2am.

Option 2 - Reduce operating hours for on-licences Class 2 and 3 restaurants, cafes, and wineries from 10am to 12am instead of 10am to 2am.

Preferred option

Option 2 - Reduce operating hours for on-licences Class 2 and 3 restaurants, cafes and wineries from 10am to 12am instead of 10am to 2am

Definition of Class 2 and 3 On Licence

As per Regulation 6 of Sale and Supply of Alcohol (Fees) Regulations 2013: Class 2 restaurant means a restaurant that has or applies for an on-licence and—

(a)has, in the opinion of the territorial authority, a separate bar; and

(b)in the opinion of the territorial authority, does not operate that bar area in the manner of a tavern at any time.

As per Regulation 6 of Supply of Alcohol (Fees) Regulations 2013: Class 3 restaurant means a restaurant that has or applies for an on-licence and that, in the opinion of the territorial authority, only serves alcohol to the table and does not have a separate bar area.

Option to include a discretionary condition in liquor store licenses that facilitates ceasing of external advertisements at alcohol stores.

Reasoning

At present, liquor stores are able to advertise alcohol outside their licenced premises unless regulated through means of discretionary conditions in the alcohol licencing process.

The Whatu Ora (TDH) have provided advice that our region is leading in the number of alcohol stores per capita in the nation. Therefore, the agencies (TDH, Police, Licensing Inspectorate) strongly recommend adding this proposed change in the new LAP to cease external advertisements outside alcohol stores.

Staff note that if this proposal is accepted then a case-by-case approach will be adopted when dealing with matters relating to external advertisements at alcohol stores.

Options Considered

Option One status quo – no mention of discretionary condition reducing advertisements.

Option Two - Option to include a discretionary condition for alcohol store licenses that facilitates ceasing of external advertisements at alcohol stores.

Preferred Option

Option Two - Option to include a discretionary condition for alcohol store licenses that facilitates ceasing of external advertisements at alcohol stores.

Include legal definition of Class1, Class 2 and Class 3 restaurants through footnotes for better readability.

Reasoning

The current policy does not cover certain interpretations referred to in the Sale and Supply of Alcohol Act 2012 such as what is meant by Class 2 or Class 3 restaurants/premises.

Adding these as footnotes facilitates better understanding of these technical terms and makes it easier for the readers to understand what the proposed changes would mean.

Options considered

Option One status quo – don’t include footnotes explaining the classes of restaurants.

Option Two - Include legal definition of Class 2 and Class 3 in footnotes of the policy document.

Preferred option

Option Two - Include legal definition of Class 2 and Class 3 in footnotes of the policy document for better readability.

Council will revoke the existing Local Alcohol Policy 2018 and make a new Local Alcohol Policy 2024

Sale and Supply of Alcohol Act 2012 (the act):

What can a LAP include:

Section 77 of the act specifies that a LAP “must not include any matter not relating to licensing”. The following matters may be included in the LAP:

(a) location of licensed premises by reference to broad areas:

(b) location of licensed premises by reference to proximity to premises of a particular kind or kinds:

(c) location of licensed premises by reference to proximity to facilities of a particular kind or kinds:

(d) whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district concerned, or any stated part of the district:

(e) maximum trading hours:

(f) the issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions:

(g) one-way door restrictions

How and when can a LAP be reviewed:

Section 97 of the act stipulates that, once adopted, the Local Alcohol Policy must be reviewed every 6 years and follow the special consultative procedure set out by the Local Government Act 2002.