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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Offences and closure of premises - Unlicensed persons and unlicensed premises

235: Use of unlicensed premises as place of resort for consumption of alcohol

You could also call this:

“No drinking alcohol at unlicensed places, unless it's your home.”

If you are in charge of a place that does not have a licence to sell alcohol, you must not let people use it as a place to drink alcohol. You can get in trouble if you let people drink alcohol at your unlicensed premises. You could be fined up to $20,000 if you break this rule.

If you live at the premises, you can drink alcohol there, even if it is not a licensed premises. You can also give alcohol as a gift to people who are drinking it at your home. This means you will not get in trouble for letting people drink alcohol at your home.

If you act like you are in charge of a place, you will be treated as if you are the person in charge. This means you could get in trouble if people are drinking alcohol at the premises. Even if the premises are only open to certain people, it can still be considered a place where people go to drink alcohol. You can compare this to section 153 to see how the rules have changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339732.

Topics:
Money and consumer rights > Consumer protection Crime and justice > Criminal law
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234: Allowing unlicensed premises to be used for sale of alcohol, or

"No selling alcohol in unlicensed places"

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235A: Exemption to section 235 for certain race meetings, or

"Small racing clubs don't always have to follow the same alcohol rules at their race meetings."

Part 2 Sale and supply of alcohol generally
Offences and closure of premises: Unlicensed persons and unlicensed premises

235Use of unlicensed premises as place of resort for consumption of alcohol

  1. A person who is the occupier, or has or takes part in the care, management, or control, of any unlicensed premises commits an offence if that person allows those premises to be kept or used as a place of resort for the consumption of alcohol.

  2. A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $20,000.

  3. Subsections (1) and (2) do not apply to the consumption of alcohol—

  4. by any person on any premises on which that person resides, whether that person is the occupier of the premises or not; or
    1. supplied to any person by way of gift by any person who resides on the premises on which the alcohol is consumed.

      1. A person who acts as, or as if he or she were, an occupier or a person having any part in the care, management, or control of any premises is to be treated as an occupier of the premises, but without affecting the liability of any other person.

      2. Premises may be treated as being kept or used as a place of resort for the consumption of alcohol even though they are open only for the use of particular people or particular classes of person, and not to all people who wish to use them.

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