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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

114: Effect of single-area conditions

You could also call this:

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

When you have a licence to sell alcohol, you must follow certain rules. You cannot display or promote alcohol outside the area where alcohol is allowed. You also cannot rearrange your premises to make it easier for people to access the alcohol area.

If your alcohol area is not divided into smaller areas, you cannot display or promote non-alcoholic products inside the alcohol area. But there is an exception for low-alcohol or non-alcoholic beer, wine, or mead, as described in section 58(1)(a) to (d).

If your alcohol area is divided into smaller areas, there are different rules for each area. For example, in the core sub-area, you cannot display or promote non-alcoholic products. In the secondary sub-area, you can display or promote non-alcoholic products, but only if you are not displaying or promoting alcohol at the same time.

You should know what is meant by certain words in this section. For example, “described” means described under section 113, and “designated” means designated under section 113(3)(b). Some signs and newspapers are not considered promotions of alcohol. A sign that gives directions to the alcohol area is not a promotion, and neither is a newspaper that contains an advertisement for alcohol.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925336.

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113: Describing alcohol areas, or

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

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115: Application of single-area conditions can be delayed for some renewals, or

"Some off-licence renewals can delay new rules for up to 18 months to give time to make changes."

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

114Effect of single-area conditions

  1. Every single-area condition takes effect as a condition that the licensee of the premises concerned must ensure that—

  2. no display or promotion of, or advertisement for, alcohol occurs on the premises at any place outside the alcohol area; and
    1. the premises are not reconfigured or rearranged in a way whose effect (whether intentional or not) is that the alcohol area contains—
      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. If the alcohol area has not been so described that it is divided into 2 or 3 sub-areas, a single-area condition also takes effect as a condition that the licensee of the premises concerned must ensure that no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the alcohol area.

        3. If the alcohol area has been so described that it is divided into 2 sub-areas, a single-area condition also takes effect as a condition that the licensee of the premises concerned must ensure that—

        4. no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the core sub-area; and
          1. no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the secondary sub-area unless it occurs at a time when no display or promotion of, or advertisement for, alcohol is occurring inside that sub-area.

            1. If the alcohol area has been so described that it is divided into 3 sub-areas, a single-area condition also takes effect as a condition that the licensee of the premises concerned must ensure that—

            2. no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the core sub-area; and
              1. no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the secondary sub-area unless it occurs at a time when—
                1. no display or promotion of, or advertisement for, alcohol is occurring inside that sub-area; and
                  1. no display or promotion of, or advertisement for, alcohol is occurring inside the sub-area designated as the overflow sub-area; and
                  2. no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the overflow sub-area unless it occurs at a time when no display or promotion of, or advertisement for, alcohol is occurring inside that sub-area.

                    1. The effect of a single-area condition set out in subsections (1) to (4) does not apply in relation to the display or promotion of, or the advertisement for, low-alcohol or non-alcoholic beer, wine, or mead.

                    2. For the purposes of this section,—

                    3. neither of the following is a promotion of alcohol:
                      1. a sign (consistent with other general signage in the supermarket or grocery store concerned) giving directions to, or describing the location of, an area where alcohol is available for purchase:
                        1. a newspaper, magazine, or catalogue containing a promotion of or advertisement for alcohol; and
                        2. described means described under section 113; and
                          1. designated means designated under section 113(3)(b); and
                            1. low-alcohol or non-alcoholic beer, wine, or mead means a product that is specified in section 58(1)(a) to (d) but that is not alcohol.

                              Notes
                              • Section 114(4A): inserted, on , by section 6(1) of the Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 (2016 No 101).
                              • Section 114(5)(c): amended, on , by section 6(2) of the Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 (2016 No 101).
                              • Section 114(5)(d): inserted, on , by section 6(3) of the Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 (2016 No 101).