QUESTIONS AND ANSWERS

Transcription

1 QUESTIONS AND ANSWERS LEGISLATION When will the Alchl Refrm Bill be intrduced int Parliament? The Gvernment intends t intrduce the Alchl Refrm Bill in Octber and plans t pass the legislatin int law befre the end f this parliamentary term. Hw will the Alchl Refrm Bill be vted n? Histrically Parliament has treated all alchl legislatin as a cnscience matter. Hwever, t ensure the bill prvides a cnsistent, cherent, and enduring regulatry framewrk fr alchl laws, Natinal MPs have decided t vte n the legislatin alng party lines, with the exceptin f the purchase age, which will be a cnscience vte. It will be up t the caucus f each plitical party t decide hw they will vte n alchl legislatin. Hw can peple have a say n the Gvernment s prpsals? There will be an pprtunity t prvide feedback n the Gvernment s alchl law refrm prpsals during the select cmmittee prcess. Infrmatin n making a submissin t a select cmmittee and access t the bill, nce intrduced, can be fund at Will the legislatin affect alchl laws fr the Rugby Wrld Cup? Due t the time required fr the legislative prcess, the Gvernment s new legislative prpsals will nt take effect befre the Rugby Wrld Cup. The Rugby Wrld Cup Empwering Bill cntains licensing prvisins t ensure licensing certainty fr that event. When will the changes cme int frce? Due t the scpe f change, implementatin will need t be phased. Sme changes will be able t cme int frce relatively quickly, while thers will require sme time fr businesses and gvernment agencies t prepare fr the change. It s anticipated that mst changes will be in frce within six mnths f the legislatin being passed. PURCHASE AGE Why start with a split age? A split purchase age prvides a sensible, graduated apprach t being permitted t purchase alchl. A split age, variatins f which are already used in sme cuntries such as Sweden wuld help reduce harm assciated with pre-lading, which is the practice f cnsuming large amunts f alchl purchased frm an ff-licence befre heading t licensed premises such as a bar r club. It wuld als prevent 18-and 19-year-lds frm buying alchl fr their yunger peers. What exactly will the changes mean fr 18 and 19-year-lds? Under-18 year lds: 1

2 Will be able t drink in private at any time, supplied by their parents/guardians r by a persn wh has the cnsent f their parent r guardian. Will be able t drink in public nly if they are with their parent r guardian. Will be able t drink at certain licensed premises, such as restaurants, if they are with their parent r guardian. Will nt be permitted t buy alchl at any time. 18 and 19-year-lds: Will be able t drink in private at any time, supplied by any persn. Will be able t drink in public at any time, s lng as it is nt a liqur ban area. Will be able t drink at n-licence premises and clubs. Will nt be permitted t buy alchl frm ff-licence premises, such as bttle stres and supermarkets. 20-year-lds and ver: Will be able t purchase alchl at any licensed premises. Will be able t drink in private r public at any time, s lng as it is nt a liqur ban area. MORE TOOLS FOR PARENTS What is the Gvernment ding abut cncern ver schl after-ball parties? Currently, it's an ffence fr licensed premises t sell alchl t a minr, but there is currently very little cntrl ver the private supply f alchl t minrs. While it is illegal t purchase alchl with the intentin f supplying it t a minr, that des nt apply if it was purchased with the intentin f supplying it t a minr wh is attending a private scial gathering (sectin 160, Sale f Liqur Act 1989). T stp this, the Gvernment is prpsing t make it an ffence fr anyne ther than a parent r guardian t prvide alchl t an under-18-year-ld withut a parent s r guardian s cnsent. Where alchl is prvided t an under-18-year-ld, the parent, guardian r authrised persn will need t ensure the alchl is supplied in a respnsible manner. If smene breaches the requirements f parental cnsent and respnsible supply, they will be liable fr a fine f up t $2000 and any cnvictin will be entered n their criminal recrd. Where an after-ball party is held at licensed premises, the current rules wuld apply depending n where the party is held, under-18-year-lds may be prhibited frm attending, r may nly be able t attend if accmpanied by their parent r guardian. At licensed premises, nly parents and guardians wuld be allwed t supply alchl t their wn child if they are under 18 years ld. Hw lng have the requirements relating t private supply t minrs been in place in Australia and hw effective have they been? 2

3 The requirements have been put in place in Queensland, New Suth Wales and Tasmania ver the last few years. The effectiveness f the laws has yet t be evaluated, but they demnstrate a trend twards setting tighter cntrls arund yung peple's access t alchl. Hw will yu define what is parental cnsent? It s expected cnsent culd be given verbally r in writing, r may be implied, thugh this will likely be an issue the select cmmittee will spend sme time n. What wuld be cnsidered respnsible supply? The test fr respnsible supply will include such things as the adequacy f adult supervisin, age f the minrs, quantity f alchl supplied, the duratin f supply, and the availability f fd. Much f this will be cmmn sense and basic hst respnsibility, and plice will have discretin nt t prsecute when it is nt in the public interest t d s and are likely t make use f warnings when that is mre apprpriate. Why wn t the cnsent requirement apply t 18 and 19-year-lds? Once a persn reaches the age f 18, they are n lnger subject t guardianship in a legal sense. RTDs What impact will yur RTD prpsals have n excessive drinking by yung peple? RTDs are ppular amng yung peple because f their alchl cntent, taste and packaging. The Gvernment is particularly cncerned abut RTDs with a high alchl cntent and RTDs that are sld in large cntainers that hld a high number f standard drinks. We are therefre targeting thse aspects f RTDs, which will mean RTDs will be a lwer-strength drink (n a par with beer), and will be prhibited frm being sld in large cntainers, thereby reducing the risk f excessive cnsumptin by yung peple. Hw will RTDs be defined? The definitin f RTD is still being wrked thrugh, but a preliminary definitin is: An RTD is a beverage cntaining alchl that has been frmulated, prcessed, mdified, r mixed with ther prducts (such as sda, tnic, cla r flavurings) but that is nt wine, beer r spirits (including liqueurs). Officials are wrking t ensure the definitin f RTD captures the type f drinks cmmnly thught f as RTDs (fr example, mixed burbn and clas, wine clers, and vdka mixed with fizzy drinks), while excluding lightly flavured beers, sparkling wines, wines that blend different grape varieties, and liqueurs. What prprtin f the current RTD market is ging t be affected by the RTD prpsals? 3

4 Mst RTDs are within the 5-6% range, but there are sme that are up t 10% and higher, such as sme burbn and clas, and pre-mixed ccktails. S there will be an impact n a reasnable prtin f the current market in this respect. RTDs in larger vessels, such as 1-litre bttles and 3-litre casks, will als be affected. There are sme vdka-based RTDs in these types f cntainers currently n the market. BANNING PRODUCTS What srt f prducts culd the Minister f Justice ban? Examples f prducts that have been banned in Australia include alchlic iceblcks, aersls, and milk. TRADING HOURS Hw will the natinal maximum trading hurs wrk? The Gvernment is setting natinal maximum trading hurs as a default fr thse districts that d nt have a lcal alchl plicy r where a lcal alchl plicy des nt cntain prvisins cncerning hurs. The natinal maximum trading hurs fr these areas will be: Fr ff-licences: 7:00am t 11:00pm. Fr n-licences, club licences and special licences: 8:00am t 4:00am. Individual districts will be able t restrict r extend trading hurs fr n and fflicences (including by setting ne-way-dr plicies) thrugh the develpment f lcal alchl plicies, after cnsultatin with the cmmunity. The Gvernment s apprach gives lcal cuncils the ability t listen t their cmmunities and tailr their hurs t best suit their individual needs. What limits are there n an LAP deciding t give premises in a twn such as Queenstwn a 24/7 licence? It will be up t cmmunities t decide the trading hurs fr their area. Hwever, LAPs will need t be cnsistent with the intent f the legislatin. 24-hur trading culd be deemed t be incnsistent with the intent f the legislatin, which will be t establish a reasnable system f cntrl ver the sale and supply f alchl with the aim f reducing alchl harm. Once an LAP has been cnsulted n and agreed t by the lcal authrity, it can be appealed t the natinal licensing tribunal by thse wh submitted n the LAP. An appeal prcess will ensure a degree f natinal cnsistency and quality cntrl fr LAPs. Will the maximum trading hurs be flexible enugh t allw peple t watch early mrning sprts events r ther events f natinal significance? 4

5 The Minister f Justice will invite the select cmmittee t cnsider whether the legislatin allw any limited exceptins t the maximum trading hurs t take int cnsideratin events f natinal significance. COMMUNITY INPUT Hw much mre input will the bill give lcal cmmunities ver licensing decisins in their area? Under the Sale f Liqur Act 1989 there is limited scpe fr cmmunity input. The nly substantive grunds is by bjecting t an applicatin. Objectrs must have "a greater interest in the applicatin than the public generally". That usually requires bjectrs t live within ne kilmetre f the premises (althugh this can be cnsidered n a case-by-case basis. Objectins can by made nly n specific criteria, the primary ne being the "suitability" f the applicant. Others include the prpsed trading days and hurs. N bjectin can be made n grunds f density f utlets r general alchl-related harm in the area. Under the Gvernment's changes lcal alchl plicies (LAPs) will be able t specify the fllwing: Where licensed premises may be lcated this wuld be dne thrugh brad area restrictins r restrictins n prximity t types f cmmunity premises specified in the LAP. Outlet density a rebuttable presumptin that further licences will nt be granted in areas identified as being clse t, r as having already reached, saturatin pint fr licensed premises. Trading hurs an LAP will be able t verride the default natinal maximum trading hurs by either extending r restricting thse hurs. They will als be able t specify ne-way dr plicies. LAPs will als be able t cver nn-licensing matters relating t the management f alchl in the district. This may include, fr example: a lcal cllabrative prcess fr managing intxicated peple in public places a strategy fr reducing alchl-related harm. The fllwing matters will need t be cnsidered in all decisins n new applicatins fr any type f licence: The bject f the Act. The suitability f the applicant. The prvisins f any applicable lcal alchl plicy. The design and layut f the prpsed premises. Whether granting the licence wuld lessen the amenity r gd rder f the lcality. Whether the applicant has apprpriate systems, staff and training t cmply with the law. Any matters dealt with in any reprt made by a member f the Plice, licensing inspectr, r medical fficer f health as prvided by the legislatin. 5

6 If there is an LAP, the licensing decisin-maker will be required t have regard t the LAP s licensing prvisins when cnsidering an applicatin fr a licence. It is intended that an LAP wuld be departed frm nly n rare ccasins. Will lcal alchl plicies be able t have different parts fr different areas in the district, eg: fr the Auckland Supercity? Yes. ADVERTISING What changes are yu making t advertising and marketing f alchl? We are prpsing t strengthen the current ffence relating t the irrespnsible prmtin f alchl. The current ffence relates t prmtin f excessive cnsumptin, but isn t specific abut what that means in any way. It is als limited t n-licence prmtins. Under ur prpsals, the law will be a lt clearer abut the type f prmtins that are cnsidered irrespnsible, and therefre nt allwed. The new ffence will apply t prmtins at all types f licensed premises, including ff-licences, and t any ther place in the curse f running a business. The law will give examples f types f prmtins that are prhibited, such as: Prmting r advertising alchl in a way that indicates there is 25% r mre ff the nrmal price f alchl, except in-stre r n premises. This means 2-fr-1 type specials will still be allwed, but wn t be able t be advertised utside the premises. Off-licences will als be able t run discunts f 25% r mre, but wn t be able t advertise these utside the stre s, nt in mailers, n websites, r n televisin. Prmting free alchl. Offering any gds r services n the cnditin that alchl is purchased. Prmting alchl in a way that has special appeal t peple under the relevant purchase age. Special appeal might relate t the name f the prduct, the packaging, r the images used in the prmtin. It is currently nly a vluntary requirement fr advertisements and prmtins t nt hld special appeal t minrs. DAIRIES AND GROCERY STORES Will lcal diaries be able t sell alchl? The legislatin will make it clear that dairies and cnvenience stres cannt sell alchl, which is cnsistent with the current law. Grcery stres, including supermarkets, will cntinue t able t apply fr a licence. The bill will prvide greater clarity n the definitin f a grcery stre, fcussing n: the type f prducts they sell; and the physical nature f the stre. 6

7 The legislatin will be cnsistent with the Liqur Licensing Authrity's current apprach, which was recently upheld by the High Curt in CH and DL Prperties Ltd v Christchurch District Licensing Agency and Others (HC CHCH CIV July 2010). A cpy f that decisin is available at alng with the ther alchl papers. SUPERMARKETS Why nt implement a minimum price scheme nw? The Gvernment des nt have the data it needs t set a minimum price. This is why we will be asking the industry t prvide the relevant price infrmatin. If it is nt frthcming, we will lk at regulating t btain the necessary infrmatin. At present, n ther cmparable jurisdictin has a minimum price scheme in peratin, althugh steps are under way in Sctland t implement ne. We will be mnitring any internatinal develpments in this area. INCREASED PENALTIES What srt f penalties are increasing? We are increasing sme f the existing penalties. Fr example: the maximum fine fr a licensee allwing disrderly cnduct n their premises will increase frm $4000 t $10,000; anyne wh cntinues t sell alchl after the Plice have rdered premises t be clsed due t fighting r riting will face a maximum $3000 fine rather than a $2000 fine; and licensees prmting alchl in an irrespnsible way will see bth the scpe f the ffence increase, and the maximum fine increase frm $5000 t $10,000. Finally, we are making mre use f infringement ffences, which will be able t be used when smene under the minimum purchase age buys alchl r makes a false representatin t a licensee, such as claiming t be lder than they are. This will allw mre effective use f penalties fr lwer level ffending. LIQUOR BANS What changes are yu prpsing t make t liqur bans? The Gvernment is prpsing new criteria fr liqur bans, s that they will be mre apprpriately targeted t prblem areas. Cuncils will need t review existing liqur bans against the new criteria within five years f the legislatin being passed. It is likely that liqur bans will cntinue t be able t apply t city centres, but the days and times that a ban is in frce will need t be reasnable, based n the evidence f alchl-related harm in that area. An imprtant change is that liqur bans will be able t apply t private carparks and ther private prperty, such as schl grunds, that the public has access t. The penalty fr breach f a liqur ban is als changing frm a summary ffence punishable by a fine n cnvictin, t an infringement ntice f $250, which the Plice will be able t issue n the spt, r after they have arrested a persn and 7

8 remved them frm the area. This change will allw fr much swifter enfrcement f liqur bans. TREATMENT What is the Gvernment ding in the treatment area? The Ministry f Health is actining the vast majrity f the Law Cmmissin's treatment recmmendatins (many f which were already ccurring as part f the Ministry's strategies and wrk prgramme). In particular, the Ministry f Health is leading a natinwide c-existing prblems (Mental Health and Addictins) prject, which incrprates integrated systems and appraches t care, service redesign, designated wrkfrce rles and wrkfrce develpment. This is at a service and practitiner level. EDUCATION What public educatin activities will the Gvernment be undertaking? ALAC had an award-winning educatin campaign with the message it s nt the drinking, it s hw we re drinking and its recent TV advertisements with the message t ease up n the drink appear t have increased the number f peple cntacting the free Alchl Drug Helpline. ALAC will cntinue t develp and deliver similar campaigns t supprt the legislative changes we are prpsing. The Gvernment has als cmmitted t encuraging schls t rganise drug and alchl educatin prgrammes that meet cmmunity needs. CLUB LICENCES What s happening with club licences? Club licences will cntinue t be a separate categry f licence. Club managers will be required t hld a general manager s certificate, which is a change, but they will cntinue t be generally exempt frm the requirement t be n duty at all times that alchl is being sld and supplied. Where it is cnsidered necessary, licensing decisin-makers will be able t require a club t have a manager n duty at all times r at specified times as a cnditin f the licence. There will be n changes t the status f, r prvisins applying t, permanent charter clubs. LICENSING EXEMPTIONS Why are yu remving the licensing exemptin fr the Huse f Representatives? The Gvernment feels it is imprtant that Parliament lead by example in alchl refrm and plans t remve the Huse f Representatives exemptin t the requirement t hld a licence t sell and supply alchl. 8