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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Offences and closure of premises - Other offences on licensed premises

255: Being on licensed premises outside licensing hours

You could also call this:

“Being on a pub or bar outside the allowed opening hours can be against the law”

If you are on licensed premises outside the allowed hours, you might be committing an offence. This happens when you are in a part of the premises used for selling or drinking alcohol at a time when the premises should be closed. You can be fined up to $2,000 if you are found guilty.

Some people are allowed to be on the premises outside the allowed hours, like the owner, their family, or employees who work there. These people can be on the premises without committing an offence, as long as they have a good reason to be there. This also includes people who are contracted to clean, repair, or restock the premises.

There are some exceptions to this rule, like when a special licence is in force for the premises. You can check the Sale and Supply of Alcohol Act 2012 for more information. If you are allowed to be on the premises under a special licence, then you are not committing an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339761.

Topics:
Money and consumer rights > Consumer protection Crime and justice > Criminal law
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254: Sales of spirit in vessel exceeding 500 ml, or

"Selling spirits in big containers: you can't sell spirits in containers over 500ml to drink on the premises"

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256: Allowing people on licensed premises outside licensing hours, or

"Rules for letting people stay in alcohol-selling places outside of allowed hours"

Part 2 Sale and supply of alcohol generally
Offences and closure of premises: Other offences on licensed premises

255Being on licensed premises outside licensing hours

  1. A person commits an offence who on any day is found in any part of any licensed premises, other than club premises, that is used principally or exclusively for the sale, supply, or consumption of alcohol, at any time that—

  2. is not a time when a special licence applies to the premises; and
    1. is not between 6 am and the time when the next period of permitted trading hours for the premises begins; and
      1. is—
        1. more than 30 minutes after the premises are required to close for the sale of alcohol; or
          1. a time when the premises are required to be closed for the sale of alcohol.

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

          3. Subsection (1) does not apply to—

          4. the licensee:
            1. the licensee's spouse, civil union partner, or de facto partner:
              1. a manager:
                1. a manager's spouse, civil union partner, or de facto partner:
                  1. a member of the immediate family of the licensee or a manager:
                    1. an employee of the licensee who does not live on the premises, during the hours he or she is employed to work on the premises, and for 60 minutes after those hours have ended:
                      1. a person who is the agent of the licensee, or acting under a contract with the licensee or a manager, and has the authority of the licensee or a manager to enter the premises—
                        1. to clean, repair, or restock the premises (or any equipment in them); or
                          1. to check or remove cash:
                          2. a person who has the authority of the licensee or a manager to enter the premises to remove equipment (for example, band equipment):
                            1. an employee of the licensee who lives on the premises:
                              1. a person who lodges on the premises:
                                1. a genuine guest of a person described in paragraph (i) or (j) while that person is on the premises.

                                  1. Subsection (1) does not apply in respect of a person who is found on any premises where an on-licence is in force if—

                                  2. a special licence is also in force for those premises at the material time; and
                                    1. that person's presence on the premises at that time is justified in terms of the special licence.

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