MANAWATU DISTRICT LICENSING COMMITTEE ANNUAL REPORT: 2015/2016

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1 Ref: 6/ August 2016 The Deputy Secretary Alcohol Regulatory and Licensing Authority DX SX11159 WELLINGTON 6011 Dear Sir/Madam MANAWATU DISTRICT LICENSING COMMITTEE ANNUAL REPORT: 2015/2016 Section 199 of the Sale and Supply of Alcohol Act 2012 requires the Manawatu District Council to submit an annual report. This report is for the 1 July 2015 to 30 June 2016 licensing period. 1. Overview of the DLC workload: DLC structure/personnel: a. Secretary Dr Richard Templer, Chief Executive b. Alcohol Licensing Inspectors: Christine Wisnewski Laurie Franks c. Administrators: Sandra de Figueiredo d. District Licensing Committee: Commissioner R J Titcombe Committee: B Cameron T Jensen J Heslop J Baxter C Asplin Committee Secretary A Dunn Staff Training for Sale and Supply of Alcohol Act 2012 Inspector New Zealand Institute of Liquor Licensing Inspectors Conference 2-4 September 2015 Dunedin Continued attendance at the Alcohol Harm Regulatory Group meeting with Horowhenua, Rangitikei and Tararua

2 District Councils and Palmerston North City Council, Public Health, Fire Service and Police representatives. A Practical Guide to SASAA 2012 Murray Clearwater (Presenter) DLC A Practical Guide to SASAA 2012 Murray Clearwater (Presenter) District Licensing Committee Hearings The District Licensing Committee continues to meet every second Thursday of each month to consider all temporary authorities applications, all new and renewal of on, off and club licences. They also consider any new or renewal of managers certificates or special licences that have been completed for a decision at that time. For the last year, there have been no uncontested licence applications for which a hearing was required. 2. Agency initiatives An LTP target of visiting every licensed premises yearly has been set. Council s Inspectors inspected all 54 licenced premises (100% compliance). In the last report it was recorded that the final stages of a Combined Agency Agreement was being completed. The agencies involved were Horowhenua, Rangitikei and Tararua District Councils and Palmerston North City Council, Mid Central Health, New Zealand Fire Service and New Zealand Police. It was eventually decided that the information contained within the proposed agreement was a duplicate of the collaboration requirements and stipulated timeframes within the Act therefore the agreement was deemed unnecessary. Licensing Inspectors from these five Councils continue to meet together on the first Wednesday of every month. This is an opportunity to discuss applications, issues and procedures and to provide a consist approach to applying the Act between neighbouring territorial authorities. A joint training for inspectors, District Licensing Committee members, licensees and their staff was organised by this group over two days. This was facilitated by Murray Clearwater. 3. Local Alcohol Policy: The Manawatu District Council is not seeking to implement a Local Alcohol Policy at this time. 4. Current legislation: We would like to make the following comment on the current legislation: It is believed that there is an anomaly in the legislation in that Temporary Authorities that are unopposed have to be heard by a quorum of three people. It is believed that as the DLC Chairperson has the power to decide on unopposed licenses new and renewals, unopposed certificates new and renewals and special licences they should be able to also decided unopposed Temporary Authorities.

3 5. Any other matter the Agency might wish to draw to the attention of the Authority 5.1 Issuing new numbers for renewal of licences: In a ARLA Practice Direction (LIQ/ADM 1 dated 28 January 2014), we were advised that every time a licence is renewed, a replacement licence is to be issued with a new licence number. It also made reference to the Notice of Renewal of Licence and a new text box being added to the bottom of all renewal licences to ensure that the expiry date of the licence is clear. The requirement to issue a replacement licence together with a Notice of Renewal of Licence where there have been no change, has increased the amount of administration time in preparing both documents. If the licence is required to show the expiry date (as set out by the Authority sample below) is it also necessary to issue a renewal notice. Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, the licence expires on: Date [where the licence issued is a replacement licence] This licence replaces licence number GM038/315/2009 issued by the Manawatu District Licensing Agency/Committee ARLA have since removed the requirement for a new certificate number being issued for manager s certificate renewals. 5.2 Clarification of Special Licence sell or supply alcohol: Under the previous Sale of Liquor Act 1989, Section 73 authorised the licensee to sell and supply liquor on the premises. Currently Section 22(2) of the Sale and Supply of Alcohol Act 2012 authorises the licensee to sell or supply alcohol for consumption to people attending an event. Form 12 of the Sale and Supply of Alcohol Regulations 2013, in the first paragraph, authorises the licensee to sell and supply. We have interpreted the new Act to mean that at an event, if people are only supplying and not selling alcohol, then a special licence is required. Taking it to the letter of the law, if a private wedding was held where all alcohol was supplied to the guests, then a special licence would be required. Is this the intended meaning of the Act? 5.3 Manager to be on duty at all times and responsible for compliance. Section 214 (1) of the Act states that a manager must be on duty at all times when alcohol is being sold or supplied to the public except under the circumstances described in Section 215. It has been interpreted that the obligation to have a manager on duty does not apply if the on licensed premises are not being used for the sale or supply of alcohol but merely allowing members of the public to consume their own BYO alcohol. We do not believe that this scenario was anticipated when the new Act was written but may require an amendment so that licensed premises cannot be open to allow persons to bring their own alcohol onto the premises when no alcohol is being sold or supplied and no duty manager is on site.

4 6. Statistical Information: Please find attached: Annual return Yours faithfully Christine Wisnewski Alcohol Licensing & Monitoring Officer

5 Manawatu District Council Annual Return for the Year Ending 30 June 2016 On, off and club licence applications received: Application Type Number received in fee category Very Low Low Medium High On licence - new On licence variation On licence renewal Off licence new Off licence variation Off licence renewal Club licence new Club licence variation Club licence renewal Total Number Very High Fee Paid $ $ $ $ $ Total Fee Paid to ARLA $ $ $ $ - $ - Annual Fees for existing licences received: Licence Type Number received in fee category Very Low Low Medium High Very High On licence Off licence Club Licence Total Number Fee Paid $ $ $ $ $ Total Fee Paid to ARLA Managers Certificates received $ $ $ 1, $ $ - Number Received Managers certificate new 28 Managers certificate renewal 44 Total Number 72 Fee Paid $ Total Fee Paid to ARLA $ 2,070.00

6 Special Licence Applications Received: Number received in Class 1 5 Number received in Class 2 30 Number received in Class 3 30 Total number received 65 Number of Temporary Authority Applications Received 10 Permanent Club Charter Payments received - 1