Extension to trading hours for licensed premises for the Rugby World Cup

The Sale and Supply of Alcohol (Rugby World Cup 2023 Extended Trading Hours) Amendment Bill has passed its third reading with strong support across the House and now just requires Royal asset to be enacted.

The men’s Rugby World Cup this year is being held in France which means that most of the games will be played in the early hours of the morning, New Zealand time.  Licensed premises are only allowed to open at certain hours and any extension to these hours requires a Special Licence to be applied for.

The Act sets the default maximum trading hours of 8am to 4am for on-licensed and club licensed premises.  However, in reality very few licences are granted for that entire period due to local alcohol policies or conditions imposed by District Licensing Committee

At least 20 working days is required for a Special Licence application and with uncertainty about who will be playing in the later stages of the competition it is difficult for premises to be able to decide in advance  whether they want to screen games.  Special Licences also usually require additional conditions such as pre-sold tickets which can be unworkable for licensees.

The Bill amends the Act so that eligible licensees can extend their trading hours without needing to apply for a special licence.  This will no doubt be welcomed by the hospitality industry who have struggled over the last few years, and it is hoped that there will be a strong All Black performance which will result in busy premises full of supporters cheering them along.

The key changes are as follows:

• licence holders must provide the Police and territorial authorities with at least 7 days’ written notice if they intend to extend their trading hours to televise a game
• licence holders need to include a noise management plan or have another arrangement in place for their premises to avoid additional noise disruption as part of their notification to the Police and territorial authorities
• licence holders must notify the Police and territorial authorities as soon as reasonably practicable if they change their plans and decide not to open after having notified otherwise, and
• the Police retain the power under section 266 of the Act to immediately shut down premises in the circumstances specified in that section. The general offence for breaching restrictions and requirements under section 259 of the Act applies to the extended trading hours in the Bill.

The extended trading hours are subject to certain conditions

• premises are permitted to open 1 hour before the start of each notified game;
• if a licence holder notifies a game that starts within 2 hours after the end of the permitted trading hours for the premises, the premises can remain open until and during that game;
• premises are required to close for the sale of alcohol 30 minutes after the end of the game, and
• one-way door policies do not apply within 1 hour before the extended trading hours starts, during the extended trading hours, or within 1 hour after the premises closes the sale of alcohol

We welcome this flexibility for our many clients who operate licensed premises. We hope that when Parliament is considering the proposed Sale and Supply of Alcohol (Community Participation) Amendment Bill, the same support and recognition is provided to licence holders who are trying to run their businesses.

If you need advice on applying for an extension or any other alcohol licensing matter, our experienced team is available to provide advice on all forms of applications and assist when a licence is being opposed.  We regularly appear at District Licensing Committee hearings throughout New Zealand and represent clients who are before the Alcohol Regulatory & Licensing Committee (ARLA).

This article is current as at the date of publication and is only intended to provide general comments about the law. Harkness Henry accepts no responsibility for reliance by any person or organisation on the content of the article. Please contact the author of the article if you require specific advice about how the law applies to you.