LCQ Host Responsibility and Advertising 2 — Questions and Answers
Question 1: Under the Sale and Supply of Alcohol Act 2012, what are the restrictions on alcohol advertising that targets minors in NZ?
- Alcohol advertising may not use cartoon characters — no other restrictions apply
- Alcohol advertising must not be directed at or have strong appeal to people under 18, including through use of youth-oriented imagery, themes, or media placements that primarily reach under-18s (Correct answer)
- Alcohol may be advertised in any medium as long as a health warning is included
- Only advertising near schools is prohibited
Correct answer: Alcohol advertising must not be directed at or have strong appeal to people under 18, including through use of youth-oriented imagery, themes, or media placements that primarily reach under-18s
The ASA's Alcohol Advertising and Promotions Code requires that alcohol advertising must not be directed at or have particular appeal to those under 18 — this covers content, imagery, media placement, and themes.
The Alcohol Advertising and Promotions Code prohibits alcohol advertising that targets persons under 18 either through its content (using themes, humour, characters, or imagery that appeal primarily to young people) or its placement (advertising in media predominantly consumed by under-18s). The Act itself prohibits promotions specifically designed to target minors on licensed premises. These combined frameworks aim to prevent normalisation of alcohol consumption among young people.
Question 2: Under NZ law, what is a 'happy hour' promotion and when is it lawful?
- All happy hour promotions are prohibited under the Act
- A time-limited discount on alcohol prices is permitted provided it does not encourage rapid or excessive consumption (Correct answer)
- Happy hours are only lawful between 4 pm and 6 pm
- Happy hours require DLC approval before they can be advertised
Correct answer: A time-limited discount on alcohol prices is permitted provided it does not encourage rapid or excessive consumption
Time-limited discount promotions (such as happy hours) are lawful provided they do not encourage excessive or rapid alcohol consumption. A modest discount during a set period is generally acceptable; unlimited drinks deals are not.
The Act does not outright ban all discounted alcohol promotions. A happy hour offering a modest reduction in drink prices during a quiet period is generally acceptable under the Act. However, promotions that create urgency to drink as much as possible within a period ('drink all you can in the next hour'), or that offer extremely deep discounts designed to drive rapid consumption, would cross the line into irresponsible promotion under s237.
Question 3: Under NZ host responsibility requirements, what information about transport should be made available to patrons at licensed premises?
- A list of local taxi and rideshare services should be visibly available to help patrons plan safe transport home (Correct answer)
- Venues are required to operate a free shuttle service
- Transport information is only required after midnight
- Only Police-approved transport options may be listed
Correct answer: A list of local taxi and rideshare services should be visibly available to help patrons plan safe transport home
Host responsibility best practice and some DLC conditions require that information about safe transport options — including local taxi, rideshare, and bus services — is available and visible to patrons.
While the Act does not specify an exact transport information requirement for all premises, many DLC conditions and the host responsibility framework require licensees to take steps to ensure patrons can get home safely. This typically includes displaying taxi numbers, rideshare app information, and public transport timetables. Some conditions require the provision of a courtesy phone. The goal is to reduce drink-driving by making safe alternatives visible and accessible.
Question 4: Under NZ law, what is the legal obligation on licensed premises regarding the provision of food?
- On-licences must always have a full restaurant menu available
- On-licences must ensure that food is available during trading hours (Correct answer)
- Food is only required to be available after 10 pm
- There is no legal requirement to provide food — it is at the licensee's discretion
Correct answer: On-licences must ensure that food is available during trading hours
On-licensed premises are required to have food available for purchase by patrons during trading hours as a harm minimisation measure, as food slows the absorption of alcohol.
Section 211 of the Act requires that on-licensed premises make food available for purchase by patrons at all times alcohol is being sold or supplied. The food must be real food (not just snacks from a vending machine) and must be genuinely available. This requirement exists because food significantly slows the absorption of alcohol, reducing the risk of rapid intoxication. The type and quality of food may be a condition of the specific licence.
Question 5: In NZ, what does the Alcohol Advertising and Promotions Code prohibit regarding alcohol advertising and sporting events?
- All alcohol sponsorship of sporting events is prohibited
- Alcohol advertising linked to sporting events must not link alcohol consumption with improved sporting performance or use current prominent sporting personalities in ways that appeal to youth (Correct answer)
- Alcohol cannot be advertised during any live sport broadcast
- Alcohol sponsors must donate 10% of their sponsorship to harm reduction organisations
Correct answer: Alcohol advertising linked to sporting events must not link alcohol consumption with improved sporting performance or use current prominent sporting personalities in ways that appeal to youth
The Code prohibits alcohol advertising that links consumption with improved sporting performance, or that uses sporting personalities in ways that primarily appeal to young people or suggest alcohol improves performance.
The ASA's Alcohol Advertising and Promotions Code allows alcohol sponsorship of sporting events but sets standards for how alcohol brands can be advertised in that context. The Code prohibits advertising that implies alcohol enhances athletic ability or sporting performance, and requires that the overall impression of alcohol-and-sport advertising is responsible. Using a prominent sporting hero known to be popular with youth in a way that glamorises drinking to young fans would breach the Code.
Question 6: Under NZ law, what responsibilities do off-licence retailers have under the host responsibility framework?
- Off-licences have no host responsibility obligations — these only apply to on-licences
- Off-licence staff must still refuse sales to minors and intoxicated persons, and must display host responsibility signage including the legal drinking age (Correct answer)
- Off-licences must offer free non-alcoholic alternatives to intoxicated customers
- Off-licences must employ a certified duty manager at all times, the same as on-licences
Correct answer: Off-licence staff must still refuse sales to minors and intoxicated persons, and must display host responsibility signage including the legal drinking age
Off-licences are subject to host responsibility obligations including refusing service to minors and intoxicated persons, displaying the legal drinking age and host responsibility information, and checking ID when there is reasonable doubt about age.
While the specific risks at off-licences differ from on-licences (patrons are taking alcohol away to consume elsewhere rather than drinking on the premises), off-licence staff still have legal obligations: they must not sell to minors, must not sell to visibly intoxicated persons who will consume off the premises, must check ID when age is in doubt, and must display required signage about the minimum drinking age. A certified duty manager must also be present when alcohol is sold.
LCQ Host Responsibility and Advertising 2
Under the Sale and Supply of Alcohol Act 2012, what are the restrictions on alcohol advertising that targets minors in NZ?