Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015

1: Title
This Act is the Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Sale and Supply of Alcohol Act 2012 principal Act 2015-09-01 Sale and Supply of Alcohol Act 2012
1: Substantive amendments
4: New sections 45A to 45G and cross-heading inserted
After section 45 Rugby World Cup 2015 extended trading hours
45A: Purpose
The purpose of sections 45B to 45G
a: for which an on-licence or a club licence is held; and
b: in which the licensee intends to televise, and televises, on a particular night, a notified game or games.
45B: Game, and other terms, defined
1: In section 45A sections 45C to 45G game Schedule 4 night televise
a: in any form, on any basis (for example, subscription to a television channel or service, or on-demand), and using any medium or media (for example, satellite television broadcast, or Internet video streaming); and
b: to or for, or to or for a class of, the public.
2: Permitted trading hours section 45A sections 45C to 45G
45C: Eligible premises
1: Sections 45D to 45F
a: is held, and not suspended or cancelled, immediately before a night—
i: on or after 19 September 2015 (New Zealand standard time); and
ii: before or on 1 November 2015 (New Zealand daylight time); and
b: has not been varied or suspended under section 280 within 12 months before the date on which the licensee gives notice under this section.
2: However, sections 45D to 45F
a: that the licensee intends to televise in the premises on the night the game, all games, or any 1 or more stated games, on the night; and
b: of the details of the noise management plan that is, or the other arrangements for managing noise levels that are, appropriate to the locality, and that the licensee is to have in place during every proposed extension under section 45D
3: The details under subsection (2)﻿(b) must state how the licensee will comply with the noise level management conditions in section 45E(1)﻿(c)
4: The notification to the Police must be sent to the constable in charge of the police station nearest to the premises for which the licence is held.
5: Sections 45D to 45F
a: an application for an order under section 280 suspending or cancelling the licence is made on the grounds, expressly stated in the application, that the premises have clearly been conducted in breach, without reasonable excuse, of any of sections 45D to 45F
b: a copy of the application is sent to, and received by, the licensee.
45D: Trading hours extended
1: The licensee has the extension provided in this section to the permitted trading hours, but only if the primary or sole purpose of the premises being open on the night is to allow customers to watch the televised game or games notified by the licensee under section 45C
2: The premises can open 1 hour before the start of each game to be televised.
3: However, if the first or only game to be televised is to start no more than 2 hours after the end of the last period of permitted trading hours for the premises, the premises can stay open after that period, and until that game starts.
4: The premises can be open during each game televised.
5: The premises are required to close for the sale of alcohol 30 minutes after the end of each game televised (unless that 30-minute period ends after the start of the 1-hour period under subsection (2) for the next game to be televised).
6: Sections 255 and 256 make it an offence for a person to whom section 255(1) applies to be found in (and for the licensee or a manager of the premises to allow the person to be on) any part of the premises, if they are on-licence premises used principally or exclusively for the sale, supply, or consumption of alcohol, at any time that—
a: is not a time when a special licence applies to the premises; and
b: is not between 6 am and the time when the next period of permitted trading hours for the premises begins; and
c: is—
i: more than 30 minutes after the premises are required to close for the sale of alcohol; or
ii: a time when the premises are required to be closed for the sale of alcohol. Example 1—single game, not more than 2 hours after trading hours
The licensee notifies the Samoa v Japan game on 4 October at 2.30 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The premises can open 1 hour before the game (at 1.30 NZDT). However, as the game is to start no more than 2 hours after 0.30 NZDT, the premises can stay open after 0.30 NZDT until the game starts at or about 2.30 NZDT. The premises can be open during the game televised, which ends at 4.15 NZDT. The premises are required to be closed for the sale of alcohol at 4.45 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 5.15 NZDT and before 6.00 NZDT. Example 2—successive games
The licensee notifies the first, second, and third of these 3 games on 12 October: the Argentina v Namibia game to start at 0.00 NZDT: the Italy v Romania game to start at 2.30 NZDT: the France v Ireland game to start at 4.45 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The premises can be open from 0.30 NZDT (the end of the last period of permitted trading hours) to the end of the third game, because—
a: the gaps between the games are both less than 1 hour; and
b: the premises can open 1 hour before the start of each game to be televised. The third game ends at 6.30 NZDT. The premises are required to be closed for the sale of alcohol at 7.00 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so customers can be found in, or allowed on, the premises, after 6.00 NZDT and until the next period of permitted trading hours for the premises begins. Example 3—non-successive games
The licensee notifies the first and third, but not the second, of these 3 games on 12 October: the Argentina v Namibia game to start at 0.00 NZDT: the Italy v Romania game to start at 2.30 NZDT: the France v Ireland game to start at 4.45 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The premises can be open from 0.30 NZDT (the end of the last period of permitted trading hours) to the end of the first game, at 1.45 NZDT. The premises are required to be closed for the sale of alcohol at 2.15 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customers can be found in, or allowed on, the premises after 2.45 NZDT. The premises can open at 3.45 NZDT (1 hour before the start of the third game). The third game ends at 6.30 NZDT. The premises are required to be closed for the sale of alcohol at 7.00 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so customers can be found in, or allowed on, the premises, after 6.00 NZDT and until the next period of permitted trading hours for the premises begins.
45E: Effect of extensions (on one-way door restrictions, etc)
1: While the premises are open under an extension under section 45D
a: the licensee has, for the purposes of section 247(1), the authority of this Act to do any of the following things:
i: sell or supply alcohol on the premises for consumption there; or
ii: let people consume alcohol on the premises; and
b: sections 46 to 63 and 259(1) require the licensee to comply with all applicable requirements and restrictions imposed by or under this Act, and with every (and, in particular, with the most restrictive relevant applicable) condition subject to which the licence has been issued or renewed, except so far as those requirements, restrictions, or conditions are overridden under subsection (4)﻿(a); and
c: the licensee must comply with the following conditions:
i: outside areas cannot be used for any purpose (despite section 12 of the Smoke-free Environments Act 1990):
ii: outside audio equipment (for example, loudspeakers, amplifiers, or audio relay equipment) cannot be used:
iii: bottles, or other rubbish, cannot be disposed of, or left for collection.
2: An extension under section 45D
a: must be treated as if it were part of the permitted trading hours (for example, under sections 46(1) and 259(1)﻿(a)) on a day on which alcohol may be sold and supplied; and
b: is not (for example, under sections 255(1)﻿(c)﻿(i) and (ii) and 256), while it operates, a time when the premises are required to close, or to be closed, for the sale of alcohol.
3: Any one-way door restriction (whether imposed on the licence, or in a relevant local alcohol policy) applicable to the premises during the permitted trading hours does not operate—
a: within 1 hour before an extension starts under section 45D(3)
b: during an extension under section 45D
c: within 1 hour and 30 minutes after the premises are required under section 45D(5)
4: Section 45D
a: override any contrary provisions of this Act, of a relevant local alcohol policy, or of a condition of the licence; and
b: do not affect closure under section 265 or 266 of the premises, or the operation of subpart 9 of Part 2 (Other enforcement provisions) in respect of the premises.
5: A person’s use of land must be treated as not contravening section 9 of the Resource Management Act 1991 if—
a: it complies with section 45D
b: it would comply with section 9 of the Resource Management Act 1991 if it occurred only during permitted trading hours.
45F: Display of information about extensions
1: If sections 45D and 45E section 45C sections 45D and 45E
2: The statement must be displayed in the way section 57(1) or (2) requires display of a statement of all conditions subject to which the licence is issued.
45G: Special licences unaffected, and not limiting, but do not apply if notice given
1: Sections 45A to 45F
a: an application for a special licence issued in respect of an event related to a game or games; or
b: the operation of a special licence of that kind.
2: Section 45C(1) sections 45D and 45E
3: However, if the holder of the special licence gives notice under section 45C(2) sections 45D and 45E
a: sections 45D to 45F
b: for the period of the extension provided by section 45D
5: New Schedule 4 inserted
After Schedule 3 Schedule
6: Expiry and repeal of extended trading hours provisions
Sections 44(3) 45(3) 50(3) section 45A 2016-11-02 Sale and Supply of Alcohol Act 2012
2: Consequential amendments
7: New section 5A inserted (Status of examples)
After section 5
5A: Status of examples
An example provided in this Act of the operation of a provision of an enactment—
a: does not limit the provision; and
b: may extend the operation of the provision.
8: Section 44 amended (Permitted trading hours for premises without relevant local alcohol policy)
After section 44(2)
3: This section is overridden by sections 45A to 45G
9: Section 45 amended (Permitted trading hours for premises with relevant local alcohol policy)
After section 45(2)
3: This section is overridden by sections 45A to 45G
10: Section 50 amended (One-way door restrictions in local alcohol policies to be complied with)
After section 50(2)
3: This section is overridden by sections 45A to 45G