Who can develop a Local Alcohol Policy?
Any local council in New Zealand can develop a Local Alcohol Policy (LAP) to control the availability of alcohol in their district. Sections 75 – 97 of the Act cover these requirements.
Councils are not required to develop a policy.
Two or more local councils may work together on a joint policy. Once developed, it needs to be reviewed no later than 6 years after it came into force.
What does a LAP include?
A LAP may include any, or all, of the following licensing matters:
- Broad areas where licensed premises can be located;
- The location of licensed premises in proximity to other licences;
- The location of licensed premises in close proximity to sensitive sites (e.g. schools);
- Whether further licences of any type can be granted;
- Trading hours for licences (e.g. opening and closing hour);
- Discretionary conditions for licences; and
- One-way door restrictions (i.e. when the doors close to prohibit no new customers, but allow those inside to remain drinking).
Each part of a policy is called an element. For example, the proposed trading hours for off-licences would be considered one element of a LAP.
It is important that Councils have a separate element for each of the opening and closing hours of premises, to assist with appeals.
There are many stages in the Local Alcohol Policy process
The Council must follow the required process for developing its LAP. This means:
- Firstly, they must develop a draft policy having regard to a range of local information and factors (including levels of alcohol-related harm); and consult with Police, Inspectors and Medical Officers of Health.
- Then the draft policy must be released for public consultation using the special consultative procedure set out in the Local Government Act. A minimum of one month is usually given for consultation and submissions to be received.
- The Council then makes decisions on the policy as a result of the submissions it receives. The Council may choose to amend some or all of the elements in the draft policy as a result of public feedback.
- Once the Council has approved and adopted the policy, it must be publicly notified with the date the policy will come into force.
- The policy should then be reviewed every six years or earlier.