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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing process: on-licences, off-licences, and club licences - Applications for licences

113: Describing alcohol areas

You could also call this:

"Describing the area in a shop or venue where alcohol can be sold"

When you apply for a licence to sell alcohol, the people deciding your application must think about what the area for selling alcohol will look like. They have to consider what the law says in section 112(1) when they describe this area. They must draw a plan of the area where alcohol will be sold, showing how the premises will be set up and the edges of the area. You can divide the alcohol area into smaller parts, but each part must have its own edges described.

The edges of the area can go through where display units will be, like shelves for bottles. The people deciding your application will only allow an alcohol area if they think it is a single area and does not block the main path through the premises. They must also make sure it does not block the path to where people pay for things, which is called the general point of sale. A general point of sale is where you pay for things, like a checkout or a machine that takes your money.

When the people deciding your application describe the alcohol area, they must follow these rules and think about what the law says in section 114.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925334.

Topics:
Money and consumer rights > Gambling
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112: Compulsory conditions relating to display and promotion of alcohol in single area in supermarkets and grocery stores, or

"Rules for displaying alcohol in supermarkets and grocery stores"

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114: Effect of single-area conditions, or

"Rules for selling alcohol in one area of a shop or venue"

Part 2Sale and supply of alcohol generally
Licensing process: on-licences, off-licences, and club licences: Applications for licences

113Describing alcohol areas

  1. The licensing authority or licensing committee concerned must have regard to section 112(1)—

  2. when describing an alcohol area; and
    1. when taking any other action under this section; and
      1. when forming any opinion for the purposes of this section.

        1. An alcohol area must be described by means of a plan of the footprint of the premises concerned (or, in the case of premises on more than one level, a plan of the footprint of the level on which the area is or is to be located) showing—

        2. the proposed configuration and arrangement (or, in the case of the renewal of a licence, the existing or any proposed new configuration and arrangement) of the premises or level; and
          1. the perimeter of the area.

            1. The area may be so described that it is divided into 2 or 3 sub-areas; and in that case,—

            2. the perimeter of each sub-area must be separately described; and
              1. the licensing authority or licensing committee concerned must designate one sub-area as the core area and one sub-area as the secondary area, and (if the area is divided into 3 sub-areas) must designate one sub-area as the overflow area.

                1. The perimeter of the area or any sub-area may pass through the proposed locations (or, in the case of the renewal of a licence, any existing or proposed new locations) of any display units.

                2. The authority or committee must describe an alcohol area within the premises only if, in its opinion,—

                3. it is a single area; and
                  1. the premises are (or will be) so configured and arranged that the area does not contain any part of (or all of)—
                    1. any area of the premises through which the most direct pedestrian route between any entrance to the premises and the main body of the premises passes; or
                      1. any area of the premises through which the most direct pedestrian route between the main body of the premises and any general point of sale passes.

                      2. For the purposes of this section and section 114, general point of sale means anything that is—

                      3. a checkout, till, or cashbox where goods other than alcohol (or alcohol and goods other than alcohol) may be bought; or
                        1. a device by which goods other than alcohol (or alcohol and goods other than alcohol) may be paid for without the involvement of any person other than the buyer.