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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Offences and closure of premises - Closure of premises

266: Closure of licensed premises by Police

You could also call this:

“Police can close places that sell alcohol if it's not safe or if people are being a nuisance”

If you are at a place that sells alcohol and there is a riot or fighting, the police can close it. They can also close it if there is a threat to public health or safety, or if the behaviour is a nuisance. The police can close the place for up to 24 hours.

If the police give an order to close the place, you have to leave. The police can use force to make people leave if they need to. You can ask a judge to cancel the order if you think it is unfair.

If you keep selling alcohol after the police have closed the place, you can get in trouble. You might have to pay a fine of up to $10,000 or have your licence suspended. If you are a manager, you might have to pay a fine of up to $10,000.

If you sell alcohol while the place is closed, you can get in trouble too. You might have to pay a fine of up to $3,000. You can look at s 174 to compare with this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339781.

Topics:
Crime and justice > Police and safety Money and consumer rights > Consumer protection
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265: Closure of premises by order, or

"When there's a riot, the law can close places that sell alcohol for up to 24 hours."

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267: Powers of entry on licensed premises, or

"Police can enter and inspect places that sell alcohol to check they are following the rules"

Part 2 Sale and supply of alcohol generally
Offences and closure of premises: Closure of premises

266Closure of licensed premises by Police

  1. This section applies in the following circumstances:

  2. if a riot is taking place or there are reasonable grounds for believing that a riot may occur on any licensed premises; or
    1. if there is fighting or serious disorder or there are reasonable grounds for believing that fighting or serious disorder is about to break out on any licensed premises; or
      1. if there is a significant threat to public health or safety; or
        1. if the conduct on any licensed premises amounts to a substantial public nuisance; or
          1. if there are reasonable grounds for believing offences have been committed on the premises that carry a maximum penalty of 5 years or more and there is a significant risk of further such offences being committed on the premises if the premises remain open.

            1. A constable may order the closure of any licensed premises or any specified part of any licensed premises for the sale of alcohol until a time stated in the order, which time must not be later than 24 hours from the end of the day on which the order was made, or order any person to leave the premises or that specified part of them.

            2. Any constable may use any force that may be necessary for the purpose of closing the licensed premises or any part of the licensed premises.

            3. As soon as an order has been given, the licensee or a manager may apply to a District Court Judge or any 2 or more Justices or any 1 or more Community Magistrates for the revocation of the order.

            4. The Judge or Justices or the Community Magistrate or Magistrates—

            5. may revoke the order either unconditionally or subject to any conditions as he or she may think fit to impose; or
              1. may refuse to revoke the order.

                1. A licensee or a manager of any licensed premises to which the order applies who keeps the premises open or the specified part of them open for the sale of alcohol in contravention of the order commits an offence.

                2. A person who commits an offence against subsection (6) is liable on conviction,—

                3. in the case of a licensee, to either or both of the following:
                  1. a fine of not more than $10,000:
                    1. the suspension of the licensee's licence for a period of not more than 7 days:
                    2. in the case of a manager, a fine of not more than $10,000.

                      1. A person who sells any alcohol on or from the licensed premises or the specified part of the licensed premises at any time while the order is in effect commits an offence.

                      2. A person who commits an offence against subsection (8) is liable on conviction to a fine of not more than $3,000.

                      Compare