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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

236: People found on unlicensed premises kept as place of resort for consumption of alcohol

You could also call this:

"Being on premises with no alcohol licence can get you in trouble"

If you are on premises where people go to drink alcohol and those premises do not have a licence, you can get in trouble. This is because the premises are breaking the rules set out in section 235. You can be fined up to $2,000 if you are found on these premises and you are not a police officer doing your job.

You might not get in trouble if you can prove to the court that you were on the premises for a good reason. You also need to show that you did not drink alcohol or plan to drink alcohol on the premises.

If you can prove these two things, you might have a defence against the charge, which means you might not get fined.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339733.

Topics:
Crime and justice > Criminal lawMoney and consumer rights > Gambling
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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."

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237: Irresponsible promotion of alcohol, or

"Don't encourage people to drink too much alcohol"

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

236People found on unlicensed premises kept as place of resort for consumption of alcohol

  1. A person who is not a constable acting in the execution of his or her duty commits an offence if he or she is found on any unlicensed premises kept or used in breach of section 235.

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

  3. It is a defence to a charge under subsection (1) if the defendant satisfies the court that he or she—

  4. was present on the premises for a lawful purpose; and
    1. neither took part nor intended to take part in any unlawful sale, supply, or consumption of alcohol.

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