LCQ Sale and Supply of Alcohol Act 2012 2 — Questions and Answers
Question 1: What does the Act say about the maximum default trading hours for on-licensed premises in NZ?
- 8:00 AM to 4:00 AM the next day, unless the licence or Local Alcohol Policy specifies otherwise (Correct answer)
- 24 hours a day, 7 days a week
- 10:00 AM to midnight only
- 6:00 PM to 2:00 AM on weekdays only
Correct answer: 8:00 AM to 4:00 AM the next day, unless the licence or Local Alcohol Policy specifies otherwise
The Sale and Supply of Alcohol Act 2012 sets default maximum trading hours for on-licences as 8:00 AM to 4:00 AM the following day. However, individual licences may have more restrictive hours, and Local Alcohol Policies can further limit hours.
Question 2: What is a Local Alcohol Policy (LAP) under the NZ Act?
- A policy adopted by a territorial authority setting local rules on licence types, trading hours, and location of premises (Correct answer)
- A national policy set by Parliament affecting all of New Zealand
- A voluntary code of conduct between bar owners
- A police-enforced curfew in specific areas
Correct answer: A policy adopted by a territorial authority setting local rules on licence types, trading hours, and location of premises
A Local Alcohol Policy is adopted by a territorial authority (city or district council) and can set local rules on matters such as licence types, trading hours, one-way door restrictions, and the location of licensed premises within their area.
Question 3: Under the Act, what is the legal consequence of selling alcohol to a minor (under 18) in New Zealand?
- A fine of up to $10,000 for an individual, or up to $20,000 for a licensee (Correct answer)
- A verbal warning for the first offence
- No penalty if the minor had a fake ID
- Community service only — no fines apply
Correct answer: A fine of up to $10,000 for an individual, or up to $20,000 for a licensee
Selling or supplying alcohol to a minor is an offence under the Act with penalties of up to $10,000 for an individual and up to $20,000 for a licensee. Repeat offences can lead to licence cancellation.
Question 4: What does the Act require regarding the supply of water and food on on-licensed premises?
- Free drinking water must be available at all times, and food must be available during certain hours (Correct answer)
- Neither water nor food is required to be available
- Only food is required, not water
- Water must be available but can be charged for
Correct answer: Free drinking water must be available at all times, and food must be available during certain hours
The Act requires on-licensed premises to provide free drinking water to patrons at all times. Food must also be available during the hours specified in the licence conditions, promoting responsible alcohol consumption.
Question 5: What is the 'host responsibility' concept under the NZ Sale and Supply of Alcohol Act?
- The obligation of licensees and duty managers to promote responsible drinking, provide food and water, and manage intoxicated patrons (Correct answer)
- The requirement for hosts to provide accommodation for intoxicated guests
- The duty to serve only premium quality alcohol products
- A voluntary programme with no legal backing
Correct answer: The obligation of licensees and duty managers to promote responsible drinking, provide food and water, and manage intoxicated patrons
Host responsibility is a core concept under the Act requiring licensees and duty managers to promote responsible consumption, provide alternatives (food, water, low-alcohol options), display host responsibility signage, and manage intoxicated persons.
Question 6: Under the Act, what powers does a constable have regarding licensed premises in NZ?
- They can enter licensed premises at any time during trading hours, inspect the premises, and require the production of the licence (Correct answer)
- They can only enter with a warrant signed by a judge
- They have no special powers regarding licensed premises
- They can close premises permanently without a hearing
Correct answer: They can enter licensed premises at any time during trading hours, inspect the premises, and require the production of the licence
Under the Act, a constable (police officer) can enter any licensed premises at any time during trading hours without a warrant, inspect the premises, and require the production of the licence and manager's certificate.
What does the Act say about the maximum default trading hours for on-licensed premises in NZ?