Legal Notes

Pervinder Kaur

Associate at Harkness Henry specialising in alcohol licensing and resource management law pervinder.kaur@harkness.co.nz harknesshenry.co.nz

Ensuring compliant premises

Alcohol Licensing lawyer Pervinder Kaur of Harkness Henry has a timely reminder about compliance for licensed premises and tips on useful extra measures to put in place...

IT CAN be difficult to stay positive and focused on goals when so many businesses have been hit hard after the COVID-19 lockdown. As an Alcohol Licensing lawyer, I am most aware of the impact of COVID-19 and its on-going effects on the hospitality industry, which has been significantly affected. However, it’s important to remember that normality will return eventually, hopefully in the not too distant future. Amid the rapidly changing landscape it’s important to ensure that your business is operating as per rules and regulations, and it can be useful to use these quieter times effectively, to give your business a competitive edge and come out better and stronger when things get busier. The first step is to get the basics right. Licensees should have the following premises compliance measures in place (if not already) to ensure premises are operating as per rules and regulations:

1. Your licence is the authority that allows you to sell and supply alcohol from the premises. Therefore, you must read and understand the licence and its conditions. A copy of the current licence must always be displayed from the inside of the premises so people coming in can easily read it.

2. A duty manager must be on duty at all times when alcohol is being sold or supplied to the public on a licensed premises. The duty manager’s name must be displayed inside the premises at all times while on duty. A duty managers’ register must be maintained at all times. If you own/operate multiple premises make sure the registers are up-to-date for all premises. A licensee must give notice of the appointment, cancellation or termination of any manager, temporary manager, or acting manager within 48 hours of the appointment, cancellation or termination to the Licensing Inspector and Police.

Did you know that 80% of the businesses that fail Police Controlled Purchase Operations fail due to the untrained staff who make the sale?

3. A Host Responsibility Policy must be displayed at the premises. This is a policy that helps create a safe drinking environment and aims to reduce intoxication. A responsible host:

a. does not serve alcohol to minors;

b. prevents intoxication;

c. actively promotes substantial food options, free water, low-alcoholic and non- alcoholic beverages;

d. arranges safe transport options; and

Staff, systems and advertising

The issue of staff and systems is also of relevance for licensees. Regardless of the lack of a mandatory requirement for staff training and refresher training, it is important that managers, licensees and their staff ‘know the law’. Did you know that 80% of the businesses that fail Police Controlled Purchase Operations fail due to the untrained staff who make the sale? As the licensee and/or manager, that impacts directly on you. A staff training policy must be in place. If you don’t have one, seek advice and use the quiet time to prepare one and then train staff appropriately. Make sure that your Staff Training Register is updated so when it is time to renew your licence you can provide evidence that you’ve been running staff training sessions regularly.

Be aware also that all advertising and promotion of alcohol should comply with the Advertising Standards Authority’s Code for Advertising and Promotion of Alcohol. Alcohol advertising and promotion should not encourage excessive alcohol consumption. The Sale and Supply of Alcohol Act 2012 creates offences and penalties for certain irresponsible alcohol promotions which can result in fines and even licence suspensions. It’s also advisable to check that your Building Warrant of Fitness and food registration details are up-to-date and that any security systems such as CCTV are working.