Eastern Bay of Plenty Local Alcohol Policy

Kawerau, Ōpōtiki and Whakatane District Councils have adopted the Eastern Bay of Plenty Local Alcohol Policy (LAP), which came into effect on 18 March 2016 (except for the provisions relating to Maximum Trading Hours', which took effect on 21 June 2016).

Eastern Bay of Plenty Local Alcohol Policy (LAP).pdf

Aims of the LAP

The Eastern Bay of Plenty LAP aims to reduce alcohol-related harm across the three districts while balancing the economic benefits the alcohol industry provides the Eastern Bay of Plenty. Some of the features that apply include:

• Maximum hours for off-licence and on-licence premises, as outlined in the table below
• Mandatory host responsibility policies for all on-licence premises
• To instruct the District Licensing Committee to have regard to the issue of location of on, off and club licences in close proximity to any sensitive locations (such as schools, childcare centres and playgrounds)
• A number of discretionary conditions that the District Licensing Committee may consider when issuing or renewing licenses.

Maximum trading hours

Some licenced premises are trading outside the hours set in the LAP. We are therefore required, under sections 90(2) and 90(6), to bring the proposed maximum trading hours into force three months after the public notice of adoption of the LAP. This provides a transitional period for those trading outside these hours to align with the new provisions.

If you are a licensed premise, please check and align your licence hours against those set out in the table by 21 June 2016.

Maximum trading hours outlined in the LAP for all three districts are as follows.

Object of the Sale and Supply of Alcohol Act 2012

The object of the Act is that:

(a) the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and

(b) the harm caused by the excessive or inappropriate consumption of alcohol should be minimised.

Harm caused by the excessive or inappropriate consumption of alcohol includes

(a) any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and

(b) any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in paragraph (a).

District Licensing Committee

From 18 December 2013 the district licensing committee (DLCs) make decisions on all licences and managers certificates.

Functions of the DLC

The main functions of the licensing committees are:

(a) to consider and determine applications for licences and manager's certificates; and

(b) to consider and determine applications for renewal of licences and manager's certificates; and

(c) to consider and determine applications for temporary authority to carry on the sale and supply of alcohol

(d) to consider and determine applications for the variation, suspension, or cancellation of special licences; and

(e) to consider and determine applications for the variation of licences (other than special licences).

Composition of the DLC

The district licensing committee consists of three members appointed by the territorial authority as drawn from the list of members who may sit on the committee.

To ensure that the sale and supply of alcohol takes place responsibly, it is a legal requirement under the Sale and Supply of Alcohol Act 2012 that you have a licence before you can sell or supply alcohol.

Click here to view the Decisions of the District Licensing Committee

At all times when alcohol is being sold or supplied to the public on licensed premises, a certified manager is required to be on duty and is responsible for compliance with the Act and the conditions of the licence.