Sale and Supply of Alcohol (Rugby World Cup 2023 Extended Trading Hours) Amendment Act 2023

1: Title
This Act is the Sale and Supply of Alcohol (Rugby World Cup 2023 Extended Trading Hours) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after Royal assent.
3: Principal Act
This Act amends the Sale and Supply of Alcohol Act 2012 2023-07-27 Sale and Supply of Alcohol Act 2012
1: Main amendments
4: New sections 45A to 45H and cross-heading inserted
After section 45 Rugby World Cup 2023 extended trading hours
45A: Purpose
The purpose of sections 45B to 45H
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 45H 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 5(1), section 45A sections 45C to 45H
45C: Eligible premises
1: Sections 45D to 45F
a: is held, and not suspended or cancelled, immediately before a night—
i: on or after 9 September 2023 (New Zealand standard time); and
ii: before or on 29 October 2023 (New Zealand daylight time); and
b: has not been varied or suspended under section 280
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; and
b: of the details of a 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 sections 45D to 45F
b: a copy of the application is sent to, and received by, the licensee.
6: A licensee who has given notice under subsection (2) but subsequently decides not to televise in the premises any games on the night specified in that notice must, as soon as is reasonably practicable, give notice of the decision to the territorial authority and the constable in charge of the police station nearest the premises for which the licence is held.
7: If notice is given under subsection (6), sections 45D to 45F
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 may 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
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: game starts during and finishes outside permitted trading hours
The licensee notifies for the Italy v Namibia game played on 9 September at 23.00 NZST. The last period of permitted trading hours for the premises ends at 23.30 NZST. The premises can be open during the game televised, which ends at 0.45 NZST. The premises are required to be closed for the sale of alcohol at 1.15 NZST. 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 1.45 NZST and before 6.00 NZST. Example 2: game starts no more than 2 hours outside permitted trading hours
The licensee notifies for the Japan v Argentina game played on 9 October at 0.00 NZDT. The last period of permitted trading hours for the premises ends at 22.00 NZDT. As the game is to start no more than 2 hours after 22.00 NZDT, the premises can stay open after 22.00 NZDT until the game starts at or about 0.00 NZDT. The premises can be open during the game televised, which ends 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 customer can be found in, or allowed to be on, the premises after 2.45 NZDT and before 6.00 NZDT. Example 3: game starts more than 2 hours outside permitted trading hours
The licensee notifies for the Australia v Fiji game played on 18 September at 3.45 NZST. The last period of permitted trading hours for the premises ends at 17.00 NZST. The premises can open at 2.45 NZST (1 hour before the start of the game). The game ends at 5.30 NZST. The premises are required to be closed for the sale of alcohol at 6.00 NZST. Example 4: successive games
The licensee notifies for the first, second, and third of these 3 games played on 8 October: the Wales v Georgia game to start at 2.00 NZDT: the England v Samoa game to start at 4.45 NZDT: the Ireland v Scotland game to start at 8.00 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The opening time for permitted trading hours is 8.00 NZDT. The premises can remain open and sell, supply, and let people consume alcohol on the premises from 0.30 NZDT on 8 October (the end of the last period of permitted trading hours) until 0.30 NZDT on 9 October (the end of last period of permitted trading hours the following day), because—
a: the first game is to start no more than 2 hours after 0.30 NZDT; and
b: premises can open 1 hour before the start of each game to be televised; and
c: alcohol sales are required to close 30 minutes after the game ends, unless that 30-minute period ends after the start of the 1-hour period under (b); and
d: the third game starts at the premises’ opening time for permitted trading hours at 8.00 NZDT. Example 5: non-successive games
The licensee notifies for the first and third, but not the second, of these 3 games played on 8 October: the Wales v Georgia game to start at 2.00 NZDT: the England v Samoa game to start at 4.45 NZDT: the Ireland v Scotland game to start at 8.00 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The opening time for permitted trading hours is 8.00 NZDT. As the game is to start no more than 2 hours after the end of the last period of permitted trading hours, the premises can remain open from 0.30 NZDT to the end of the first game, at 3.45 NZDT. The premises are required to be closed for the sale of alcohol at 4.15 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 4.45 NZDT and until 6.00 NZDT. The premises can open again for the sale of alcohol at 7.00 NZDT (1 hour before the start of the third game). The third game ends at 8.45 NZDT, within the premises’ permitted trading hours, and can remain open until 0.30 NZDT on 9 October (the last period of permitted trading hours the following day).
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)
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)
c: the licensee must comply with the following conditions:
i: open areas cannot be used for any purpose (despite section 12 of the Smokefree Environments and Regulated Products Act 1990
ii: audio equipment (for example, loudspeakers, amplifiers, or audio relay equipment) cannot be used in an open area:
iii: bottles, or other rubbish, cannot be disposed of, or left for collection in an open area.
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)
b: is not (for example, under sections 255(1)﻿(c)﻿(i) and (ii) and 256
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 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 of the premises under section 265 or 266 subpart 9 of Part 2
5: A person’s use of land must be treated as not contravening section 9 of the Resource Management Act 1991
a: it complies with section 45D
b: it would comply with section 9 of the Resource Management Act 1991
6: For the purposes of subsection (1)﻿(c), open area section 2(1) of the Smokefree Environments and Regulated Products Act 1990
45F: Display of information about extensions
1: If sections 45D and 45E section 45C
2: The statement must be displayed in the way section 57(1) or (2)
3: To avoid doubt, a person who fails or refuses to comply with subsection (2) commits an offence against section 259(1)
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
45H: Duty to keep records for research purposes
1: The Police must keep records of the notices given under section 45C
2: The records must—
a: specify the number of notices given under section 45C(2)
b: specify the number of notices given under section 45C(6)
c: classify the premises to which the notifications relate (including size, type, and location); and
d: specify, for each premises,—
i: the period of extended hours that have been notified (hours and times); and
ii: the period of time between the giving of a notice and the start of the extended hours to which the notice relates.
5: New Schedule 4 inserted
After Schedule 3 Schedule
6: Repeal of extended trading hours provisions
Sections 44(3), 45(3), 45A to 45H, and 50(3) Schedule 4 2023-10-31 Sale and Supply of Alcohol Act 2012
2: Related amendments
7: 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 45H
8: 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 45H
9: 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 45H