Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Local alcohol policies

90: When local alcohol policy is in force

You could also call this:

"What happens when a new local alcohol rule starts"

When a local alcohol policy is adopted, the council can bring it into force on a specific day. If the policy has certain rules, like new trading hours or one-way door restrictions, it cannot start before three months after public notice is given, as stated in section 80. The rest of the policy can start on any day the council chooses.

If a policy or amendment has rules that change trading hours or one-way door restrictions, the council must notify affected licensees in writing. You will get a brief description of how the new rules affect you. The council must do this as soon as possible after adopting the policy or amendment.

A local alcohol policy can have rules like maximum trading hours or one-way door restrictions. These rules can be different from the previous ones. The policy can also be amended to change these rules.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339569.


Previous

89: Disallowance of local alcohol policy, or

"What happens if someone says no to a local alcohol rule"


Next

91: Licensing authority to be given copy of local alcohol policy, or

"Council must tell alcohol licensing people about new or changed alcohol rules."

Part 2Sale and supply of alcohol generally
Local alcohol policies

90When local alcohol policy is in force

  1. If a local alcohol policy has been adopted, the territorial authority concerned may bring it into force on a day stated by resolution.

  2. If subsection (6) applies to a local alcohol policy (or an amendment of a local alcohol policy),—

  3. the element or elements (or modification or modifications) by virtue of which that subsection applies must not be brought into effect under subsection (1) on a day earlier than the day 3 months after the day on which public notice of the policy is given (see section 80); but
    1. the rest of the policy or amendment may be brought into effect under subsection (1) on any day stated by resolution.
      1. Subsection (2) overrides subsection (1).

      2. Repealed
      3. Promptly after adopting a local alcohol policy or an amendment of a local alcohol policy to which subsection (6) applies, the territorial authority must take all reasonably practicable steps to give licensees affected by an element by virtue of which the subsection applies written notice of the adoption of the policy or amendment, and a brief written description of the effect of the element.

      4. This subsection—

      5. applies to a local alcohol policy if—
        1. it contains an element having the effect of stating maximum trading hours for licensed premises, or licensed premises of any kind, that differ from those applying previously; or
          1. it contains an element having the effect of stating a new one-way door restriction for licensed premises, or licensed premises of any kind; and
          2. applies to an amendment of a local alcohol policy if—
            1. it modifies (in such a way as to change the maximum trading hours stated for licensed premises, or licensed premises of any kind) an element having the effect of stating maximum trading hours for licensed premises; or
              1. it modifies (in such a way as to change the one-way door restriction stated for licensed premises, or licensed premises of any kind) an element having the effect of stating a one-way door restriction for licensed premises.
              Notes
              • Section 90(1): replaced, on , by section 9(1) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
              • Section 90(2)(a): amended, on , by section 9(2) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
              • Section 90(2)(a): amended, on , by section 9(3) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
              • Section 90(2)(b): amended, on , by section 9(2) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
              • Section 90(4): repealed, on , by section 9(4) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).