LCQ Host Responsibility and Advertising 1 — Questions and Answers
Question 1: Under NZ law, what is 'host responsibility' in the context of licensed premises?
- The legal liability of the premises owner for any injury on the property
- The obligation on licensees and duty managers to actively minimise alcohol-related harm through responsible service and management practices (Correct answer)
- A voluntary industry code with no legal standing
- The obligation to provide a safe physical environment complying with building codes
Correct answer: The obligation on licensees and duty managers to actively minimise alcohol-related harm through responsible service and management practices
Host responsibility is the legal and ethical obligation of licensees, managers, and staff to actively manage the service of alcohol responsibly — including monitoring patron welfare, preventing intoxication, and intervening when harm is likely.
Host responsibility is embedded in the Sale and Supply of Alcohol Act 2012 through multiple provisions: the requirement to prevent intoxication, the prohibition on serving minors, the requirement to provide food and water, and the signage requirements. It is both a legal obligation and an industry best practice framework. Duty managers and licensees who take their host responsibility seriously protect their patrons and reduce their own legal exposure.
Question 2: Under the Sale and Supply of Alcohol Act 2012, what signage is legally required to be displayed in licensed premises in NZ?
- A no-smoking sign and a fire evacuation notice only
- A notice stating the legal drinking age and availability of non-alcoholic beverages, along with the licence (Correct answer)
- A menu of alcohol prices in a prominent position
- A list of banned patrons approved by Police
Correct answer: A notice stating the legal drinking age and availability of non-alcoholic beverages, along with the licence
Licensed premises must display the licence prominently, and must also display a notice about the legal drinking age (18), the availability of non-alcoholic drinks, and other host responsibility information as required by the Act.
Under the Act, licensees must display the licence in a prominent position where it can be read. Host responsibility regulations also require display of information about the minimum drinking age (18) and the availability of non-alcoholic beverages. Some DLC conditions also require display of information about safe transport options and signs discouraging drink-driving. The specific signage required may vary depending on the licence conditions.
Question 3: Under NZ law, what does the term 'irresponsible promotion' of alcohol refer to?
- Advertising alcohol on television before 9 pm
- Any promotion that encourages, induces, or has the likely effect of encouraging excessive or rapid alcohol consumption (Correct answer)
- Offering a student discount on alcohol
- Advertising alcohol near a school
Correct answer: Any promotion that encourages, induces, or has the likely effect of encouraging excessive or rapid alcohol consumption
An irresponsible promotion is one that encourages people to consume alcohol excessively or rapidly, such as 'drink all you can' events, competitions involving drinking speed, or extreme discount deals targeting rapid consumption.
Section 237 of the Act lists prohibited promotions, including anything designed or likely to encourage rapid or excessive drinking, such as free unlimited drinks, 'yard glass' competitions, or promotions that reward drinking speed or volume. The test is whether the promotion's purpose or likely effect is to encourage more drinking — not simply whether it offers a discount or promotes the product.
Question 4: In NZ, is alcohol advertising regulated under the Sale and Supply of Alcohol Act 2012?
- No — alcohol advertising is governed only by the Advertising Standards Authority voluntary code
- Yes — the Act prohibits certain types of alcohol advertising and sets standards for responsible promotion on licensed premises (Correct answer)
- The Act only regulates advertising inside licensed premises, not broadcast advertising
- Alcohol advertising is completely unregulated in New Zealand
Correct answer: Yes — the Act prohibits certain types of alcohol advertising and sets standards for responsible promotion on licensed premises
The Act prohibits certain forms of irresponsible alcohol promotion and advertising, particularly those that encourage excessive consumption. The Advertising Standards Authority also has codes that apply to alcohol advertising more broadly.
The Sale and Supply of Alcohol Act 2012 regulates promotions at the point of sale — on licensed premises and in advertising for specific venues and events. It prohibits irresponsible promotions (s237) and advertising designed to target minors. The Advertising Standards Authority's Alcohol Advertising and Promotions Code (AAPC) applies to all forms of alcohol advertising in NZ media. Both frameworks work together to regulate how alcohol is marketed.
Question 5: Under NZ host responsibility principles, what is the duty manager's obligation when a patron's designated driver is not drinking alcohol?
- No special obligation — the designated driver can drink if they choose to
- The duty manager should ensure non-alcoholic beverages are available and actively offer them to patrons who identify as a designated driver (Correct answer)
- The duty manager must record the designated driver's name and vehicle registration
- Designated drivers must wait outside the premises
Correct answer: The duty manager should ensure non-alcoholic beverages are available and actively offer them to patrons who identify as a designated driver
Under host responsibility principles, duty managers should support patrons who are acting as designated drivers by ensuring non-alcoholic drinks are available and actively offered.
Host responsibility extends to how patrons will get home safely. Encouraging and supporting designated drivers — by ensuring attractive non-alcoholic options are available, sometimes at reduced or no cost — is a recognised harm minimisation strategy. While not mandated as a specific legal requirement in all its details, the Act requires non-alcoholic beverages to be available, and the spirit of host responsibility strongly supports supporting designated drivers.
Question 6: Under NZ law, which body administers complaints about alcohol advertising on television and in print media?
- The Alcohol Regulatory and Licensing Authority (ARLA)
- The Advertising Standards Authority (ASA) (Correct answer)
- The Broadcasting Standards Authority (BSA) for all media
- The New Zealand Police
Correct answer: The Advertising Standards Authority (ASA)
Complaints about alcohol advertising in NZ media are primarily handled by the Advertising Standards Authority (ASA) under its Alcohol Advertising and Promotions Code.
The Advertising Standards Authority (ASA) administers a complaints process for advertising that may breach the Alcohol Advertising and Promotions Code. The Broadcasting Standards Authority handles complaints about broadcasting content more broadly (including programmes but also broadcast advertising). ARLA deals with complaints about promotions on licensed premises rather than media advertising. For most print, digital, and broadcast alcohol advertising, the ASA is the appropriate complaints body.
LCQ Host Responsibility and Advertising 1
Under NZ law, what is 'host responsibility' in the context of licensed premises?