CHB first to adopt new al­co­hol pol­icy

CHB Mail - - News -

Cen­tral Hawke’s Bay has be­come the first area in Hawke’s Bay to adopt a Lo­cal Al­co­hol Pol­icy as coun­cils con­tinue a strug­gle with new reins-loos­en­ing leg­is­la­tion en­acted al­most six years ago.

The pol­icy (LAP) which was adopted by the CHB Dis­trict Coun­cil on Septem­ber 20, comes into ef­fect on Novem­ber 1, with some el­e­ments tak­ing ef­fect on Fe­bru­ary 1, and stems from the Sale and Sup­ply of Liquor Act 2012 which was en­acted on De­cem­ber 18, 2012.

The act en­abled coun­cils to de­velop guide­lines to suit lo­cal com­mu­ni­ties, CHB lim­it­ing bar and restau­rant li­cences to 8am1am, in com­par­i­son with 8am-4am un­der the act, and stick­ing with the leg­is­la­tion’s 7am-11pm tem­plate on off-li­cence sales, such as bot­tle stores, winer­ies, su­per­mar­kets and dairies.

Poli­cies through­out the coun­try have faced lengthy le­gal chal­lenges, mainly from the su­per­mar­ket in­dus­try over hours of trade for off-li­cences, mean­ing a joint LAP for Napier and Hast­ings — which was no­ti­fied in 2016 — in­clud­ing a 9pm end to off-li­cence sales, is still not op­er­at­ing.

Post­ing 8am-3am max­i­mum trad­ing hours for tav­erns, bars, pubs and night­clubs, and of­fli­cences’ sales hours of 7am to 9pm for su­per­mar­kets and 9am to 9pm for ho­tels, bot­tle stores, winer­ies, and gro­ceries with li­cence, the pol­icy has been chal­lenged in an ap­peal to the Al­co­hol Reg­u­la­tory and Li­cens­ing Au­thor­ity (ARLA).

But it has also been held up by the chal­lenges, which have ended with a su­per­mar­kets ex­ten­sion to 10pm.

The Napier City Coun­cil this year put a re­mit to the Lo­cal Govern­ment New Zealand call­ing for a re­think on the leg­is­la­tion, par­tic­u­larly about grounds on which de­ci­sions can be ap­pealed.

The twin-cities pol­icy would also mean no new off-li­cences for bot­tle store, su­per­mar­kets or dairies in des­ig­nated res­i­den­tial sub­urbs Maraenui in Napier and Flaxmere and Cam­ber­ley in Hast­ings.

Coun­cil chief ex­ec­u­tive Monique David­son said the CHB pol­icy is a re­sult of a five-year process of pub­lic con­sul­ta­tion, hear­ings and an ap­peal to ARLA.

“Like many ter­ri­to­rial au­thor­i­ties, the path to the adop­tion of our Lo­cal Al­co­hol Pol­icy has been long,” she said. “In Au­gust 2015, we pub­lished a Pro­vi­sional Lo­cal Al­co­hol Pol­icy that was ap­pealed as a clause was in­con­sis­tent with the Dis­trict Plan.

“Upon re­view, coun­cil ac­cepted that the el­e­ment was un­rea­son­able be­cause the Dis­trict Plan places no such lim­its,” she said. The coun­cil fol­lowed guid­ance pro­vided by ARLA to progress through the steps to fi­nalise and adopt the Lo­cal Al­co­hol Pol­icy.

New or re­newed li­cences will be sub­ject to the pol­icy, which makes ad­just­ments to the max­i­mum de­fault trad­ing hours as set out in the act and in­tro­duces po­ten­tial con­di­tions such as a oneway door pol­icy, gen­er­ally lim­it­ing en­try to premises in the last hour be­fore clos­ing.

“Our Lo­cal Al­co­hol Pol­icy will pro­vide ad­di­tional tools to help en­cour­age safe and re­spon­si­ble con­sump­tion and al­co­hol,” David­son said. “To be the first coun­cil in Hawke’s Bay to have an adopted pol­icy is an ex­cit­ing step.”

New or re­newed liquor li­cences will be sub­ject to the pol­icy.

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