Local Government (Alcohol Reform) Amendment Act 2012

1: Title
This Act is the Local Government (Alcohol Reform) Amendment Act 2012.
2: Commencement
This Act comes into force on the day 12 months after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Local Government Act 2002 principal Act 2013-12-18 Local Government Act 2002
4: New sections 147 to 147C substituted
Section 147
147: Power to make bylaws for alcohol control purposes
1: In this section,— alcohol section 5(1) of the Sale and Supply of Alcohol Act 2012 licensed premises section 5(1) of the Sale and Supply of Alcohol Act 2012 public place
a: means a place that is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from it; but
b: does not include licensed premises.
2: A territorial authority may make bylaws for its district for the purpose of prohibiting or otherwise regulating or controlling, either generally or for one or more specified periods, any or all of the following:
a: the consumption of alcohol in public places:
b: the bringing of alcohol into public places:
c: the possession of alcohol in public places.
3: In conjunction with a bylaw under subsection (2), a territorial authority may make bylaws for its district for the purpose of prohibiting or otherwise regulating or controlling, either generally or for one or more specified periods, the presence or consumption of alcohol in vehicles, or vehicles of stated kinds or descriptions, in public places.
4: A bylaw under this section does not prohibit, regulate, or control, in the case of alcohol in an unopened container,—
a: the transport of the alcohol from licensed premises next to a public place, if—
i: it was lawfully bought on those premises for consumption off those premises; and
ii: it is promptly removed from the public place; or
b: the transport of the alcohol from outside a public place for delivery to licensed premises next to the public place; or
c: the transport of the alcohol from outside a public place to premises next to a public place by, or for delivery to, a resident of the premises or his or her bona fide visitors; or
d: the transport of the alcohol from premises next to a public place to a place outside the public place if—
i: the transport is undertaken by a resident of those premises; and
ii: the alcohol is promptly removed from the public place.
5: Subsections (2) and (3) do not limit section 145
147A: Criteria for making or continuing bylaws
1: Before making a bylaw under section 147
a: must be satisfied that it can be justified as a reasonable limitation on people's rights and freedoms; and
b: except in the case of a bylaw that will apply temporarily for a large scale event, must also be satisfied that—
i: there is evidence that the area to which the bylaw is intended to apply has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area; and
ii: the bylaw is appropriate and proportionate in the light of that crime or disorder.
2: Before deciding that a bylaw under section 147
3: Before making under section 147
a: the bylaw can be justified as a reasonable limitation on people's rights and freedoms; and
b: a high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and
c: the bylaw is appropriate and proportionate in the light of that likely crime or disorder.
4: Subsection (1) does not apply to a bylaw of a kind described in subsection (3).
147B: Criteria for making resolutions relating to bylaws
Before making under section 151 section 147
a: there is evidence that the area to which the bylaw applies (or will apply by virtue of the resolution) has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area; and
b: the bylaw, as applied by the resolution,—
i: is appropriate and proportionate in the light of the evidence; and
ii: can be justified as a reasonable limitation on people's rights and freedoms.
147C: Signage for areas in which bylaws for alcohol control purposes apply
Regulations under section 259 may do any or all of the following:
a: require territorial authorities to erect and maintain signs indicating the existence or boundaries of areas in their districts in which a bylaw under section 147
b: describe the required placement of the signs required to be erected and maintained:
c: prescribe particular forms for particular kinds of sign required to be erected and maintained (including, without limitation, content, size, lettering, symbols, and colouring).
5: New sections 169 and 169A and new heading substituted
Section 169
169: Powers of arrest, search, and seizure in relation to alcohol bans
1: In this section and in sections 169A and 170 alcohol section 5(1) of the Sale and Supply of Alcohol Act 2012 alcohol ban section 147 offence restricted place section 147(1)
2: A constable may, without warrant,—
a: for the purpose of ascertaining whether alcohol is present, search—
i: a container (for example, a bag, case, package, or parcel) in the possession of a person who is in, or entering, a restricted place; or
ii: a vehicle that is in, or is entering, a restricted place:
b: seize and remove any alcohol (and its container) that is in a restricted place in breach of an alcohol ban:
c: arrest any person whom the constable finds committing an offence:
d: arrest any person who has refused to comply with a request by a constable—
i: to leave a restricted place; or
ii: to surrender to a constable any alcohol that, in breach of an alcohol ban is in the person's possession.
3: Alcohol or a container seized under subsection (2)(b) is forfeited to the Crown if the person from whom the alcohol or container is seized pays the infringement fee. Matters of proof in relation to bylaws prohibiting alcohol in public place
169A: Proving substance is alcohol in relation to alleged breach of alcohol ban
1: In this section, labelled trade container
2: This subsection applies to a substance in respect of which a breach of alcohol ban is alleged to have been committed if the substance was in a container at the time the offence is alleged to have been committed, and—
a: the container was a labelled trade container; or
b: the container was not a labelled trade container but appeared to contain alcohol, and when it was opened the substance smelled like alcohol; or
c: the defendant has at any time made to a constable an admission to the effect that the substance was alcohol.
3: If, in any proceedings for a breach of alcohol ban, it is proved that subsection (2) applies to the substance in respect of which the breach is alleged to have been committed, the substance must be presumed to be alcohol unless the defendant—
a: proves that it was not; or
b: has given notice in writing at least 20 working days before the hearing that he or she disputes that the substance was alcohol.
6: New sections 239 and 239A substituted
Section 239
239: Offences in respect of breaches of bylaws (other than alcohol bans)
Every person commits an offence and is liable on conviction to the penalty set out in section 242(4) or (5) Part 8 section 147
239A: Breaches of alcohol bans
1: Section 21 of the Summary Proceedings Act 1957 section 147
a: the breach were an infringement offence within the meaning of that Act; and
b: the person who has committed the breach has committed the offence; and
c: the references in subsection (9) of that section to a defendant's being found guilty of, or pleading guilty to, an infringement offence for which an infringement notice has been issued were references to the person's being found to have committed, or admitting to having committed, the breach;— and Part 3 and section 208
2: Proceedings in respect of a breach of a bylaw made under section 147 filing a charging document under section 14
3: Subsection (2) overrides subsection (1) and section 21(1)(a) Section 6 amended 1 July 2013 section 413 Criminal Procedure Act 2011
7: New sections 243 and 244 substituted
Sections 243 244
243: Interpretation
1: In this subpart,— alcohol ban section 147 enforcement officer infringement fee
a: in relation to an infringement offence specified as such by regulations under section 259(a), means the amount prescribed by regulations under section 259(b)
b: in relation to a breach of an alcohol ban, means the amount prescribed by regulations under section 259(b) infringement offence
a: means an offence specified as such by regulations under section 259(a)
b: includes a breach of an alcohol ban.
2: The definition in subsection (1) of enforcement officer section 5
244: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence specified as such by regulations under section 259(a)
a: be proceeded against under the Criminal Procedure Act 2011
b: be served with an infringement notice under section 245
2: A person who is alleged to have committed a breach of an alcohol ban—
a: may be served with an infringement notice under section 245
b: must not be proceeded against under the Criminal Procedure Act 2011 Section 7 amended 1 July 2013 section 413 Criminal Procedure Act 2011
8: Issue of infringement notices
Section 245
2: An infringement notice not relating to a breach of an alcohol ban may be served—
a: by an enforcement officer (not necessarily the person who issued the notice) personally delivering it (or a copy of it) to the person alleged to have committed the infringement offence concerned; or
b: by post addressed to that person's last known place of residence or business.
2A: An infringement notice relating to a breach of an alcohol ban may be served—
a: by a constable personally delivering it to the person alleged to have committed the breach; or
b: by a constable personally delivering it, at a time after the person alleged to have committed the breach has been arrested for committing it, to the person; or
c: by post addressed to the last known place of residence or business of the person alleged to have committed the breach.
9: New section 245A inserted
The following section is inserted after section 245
245A: Constables may require certain information
A constable who believes on reasonable grounds that a person is committing or has committed an infringement offence may direct the person to give the constable his or her name, address, and date of birth. Transitional provisions
10: References in bylaws to liquor
Every reference to liquor in a bylaw under section 147(2)
11: Existing bylaws to expire
Unless earlier revoked, a bylaw under section 147(2)
12: Processing of certain proposals for bylaws
If before the commencement of this Act proposals for a bylaw under section 147(2)
a: the bylaw may be made as if section 4
b: it expires 5 years after it is made.