New Zealand law imposes specific restrictions on the sale and supply of alcohol on certain public holidays, known as restricted trading days. These rules apply to Easter Friday (Good Friday) and ANZAC Day, impacting various types of alcohol licences.
Understanding Restricted Trading Days
The Sale and Supply of Alcohol Act 2012 defines certain days as restricted trading days, where strict conditions apply to the sale and supply of alcohol. These days include Good Friday, Easter Sunday, Christmas Day, and ANZAC Day (before 1 pm) [Source: Sale and Supply of Alcohol Act 2012, s 47]. On these days, the general rule is that no alcohol may be sold or supplied, unless a specific exception applies [Source: Sale and Supply of Alcohol Act 2012, s 47(1)].
Rules for On-Licences
An on-licence permits alcohol to be sold and supplied for consumption on the premises, such as at restaurants, pubs, and cafes. On Easter Friday (Good Friday) and ANZAC Day, on-licence holders may sell or supply alcohol only under specific conditions:
- Purpose of Dining: Alcohol may only be sold or supplied to individuals who are on the premises for the purpose of dining [Source: Sale and Supply of Alcohol Act 2012, s 47(2)(a)]. This means that alcohol cannot be purchased or consumed without a meal.
- Specific Hours:
- On Easter Friday (Good Friday), alcohol can be sold between 12 midday and 11 pm [Source: Sale and Supply of Alcohol Act 2012, s 47(2)(b)(i)].
- On ANZAC Day, alcohol can be sold between 1 pm and 11 pm [Source: Sale and Supply of Alcohol Act 2012, s 47(2)(b)(iv)].
Rules for Off-Licences
An off-licence permits alcohol to be sold and supplied for consumption off the premises, such as at bottle stores and supermarkets. On restricted trading days, off-licence holders generally cannot sell or deliver alcohol [Source: Sale and Supply of Alcohol Act 2012, s 47(1)].
There are very limited exceptions:
- Duty-Free Shops: Alcohol may be sold at duty-free shops at international airports [Source: Sale and Supply of Alcohol Act 2012, s 47(3)(a)].
- ANZAC Day Deliveries: On ANZAC Day, an off-licence holder may deliver alcohol between 1 pm and 11 pm, but only if the alcohol was ordered on a day before ANZAC Day [Source: Sale and Supply of Alcohol Act 2012, s 47(3)(b)]. This exception does not permit in-store sales on ANZAC Day.
Rules for Club Licences
A club licence permits alcohol to be supplied on premises to members of a club and their guests. On Easter Friday (Good Friday) and ANZAC Day, a club licence holder may supply alcohol only under specific conditions:
- To Members and Guests: Alcohol may be supplied only to members of the club or their guests, and only for consumption on the premises [Source: Sale and Supply of Alcohol Act 2012, s 47(4)].
- Specific Hours:
- On Easter Friday (Good Friday), alcohol can be supplied between 12 midday and 11 pm [Source: Sale and Supply of Alcohol Act 2012, s 47(5)(a)].
- On ANZAC Day, alcohol can be supplied between 1 pm and 11 pm [Source: Sale and Supply of Alcohol Act 2012, s 47(5)(b)].
Penalties for Non-Compliance
A licence holder who sells or supplies alcohol in breach of the restrictions on restricted trading days commits an offence. Such an offence may result in a fine [Source: Sale and Supply of Alcohol Act 2012, s 237(1)(a) and s 237(2)].
When to Seek Independent Legal Advice
For specific interpretations of alcohol licensing laws, assistance with licence applications, or questions about compliance, individuals and businesses should consult with a legal professional specializing in New Zealand licensing law or contact their local council's alcohol licensing inspectorate. Free legal information and assistance may be available through Community Law Centres.