DRAFT HUTT CITY LOCAL ALCOHOL POLICY - Hutt City Council

DRAFT HUTT CITY 

LOCAL ALCOHOL POLICY 

Submissions close - 4pm 1 July

CONTENTS 

Draft Hutt City Local Alcohol Policy 3 

Background: Purpose and Objectives of the Sale and Supply of Alcohol Act 2012. 3 

Local Alcohol Policy – what is it and what needs to be considered when developing one 3 

Hutt City Local Alcohol Policy (LAP). 4 

1. Density, location, hours and one-way door policy(s) of licences 4 

2. Discretionary 5 

3. Proposed Council Discretionary Power 6 

Review 7 

Commentary 7 

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Draft Hutt City Local Alcohol Policy 

Background: Purpose and Objectives of the Sale and Supply of Alcohol Act 2012. 

The Sale and Supply of Alcohol Act 2012 (the Act) puts in place a new system of control over the sale and 

supply of alcohol. The key characteristics of this new system are that: 

• it is reasonable and 

• the administration of the Act will help achieve the Acts objects. 

The objects of the Act are to: 

(a) ensure that the sale, supply, and consumption of alcohol is undertaken safely and responsibly; 

and 

(b) minimise the harm caused by the excessive or inappropriate consumption of alcohol. 

The Act has five policy objectives underpinning it. These are: 

• To reduce excessive drinking by adults and young people 

• To reduce the harm caused by alcohol use, including crime, disorder, public nuisance, and negative 

public health outcomes 

• To support the safe and responsible sale, supply and consumption of alcohol 

• To improve community input into local alcohol licensing decisions 

• To improve the operation of the alcohol licensing system 

Local Alcohol Policy – what is it and what needs to be considered when developing one 

The government wants to improve community input into local alcohol licensing decision making. Under 

Section 75 of the Act territorial local authorities have the discretion, to establish a Local Alcohol Policy (LAP). 

Hutt City Council decided at a meeting held on 26 March 2013, to establish a LAP. 

Section 77 of the Act prescribes what a LAP can cover. In summary these are: 

(a) the location of licensed premises by reference to broad areas: 

(b) location of licensed premises by reference to proximity to premises of a particular kind or kinds: 

(c) location of licensed premises by reference to proximity to facilities of a particular kind or kinds: 

(d) whether further licences (or licences of a particular kind or kinds) should be issued for 

premises in the district concerned, or any part of the district: 

(e) maximum trading hours: 

(f) the issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions: 

(g) one-way door restrictions. 

These matters do not apply to special licences, or premises for which a special licence is held or has been 

applied for. 

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A local alcohol policy cannot include policies on matters unrelated to licensing. 

Section 78 of the Act outlines the matters that a Council must have regard to when producing a draft policy. 

These are: 

(a) the objectives and policies of its district plan; 

(b) the number of licences of each kind held for premises in its district, and the location and 

opening hours of each of these premises; 

(c) any areas where bylaws prohibiting alcohol in public places are in force; 

(d) the demography of the district’s residents; 

(e) the demography of people who visit the district as tourists or holidaymakers; 

(f) the overall health indicators of the district’s residents; and 

(g) the nature and severity of the alcohol-related problems arising in the district. 

A district’s residents include people who have holiday homes there. 

When producing a draft policy a Council must consult the Police, licensing inspectors, and Medical Officers 

of Health, each of whom must make reasonable efforts to give a Council any information they hold relating to 

any of the matters stated in (a) to (g) above. 

A workshop involving Police, licensing inspectors, Regional Public Health and the Medical Officer of Health 

was undertaken in March and the outcomes of this workshop reported to the Council.This information as 

noted above has been presented to the Council and has been considered when producing this draft LAP. 

The overall results of the Hutt Valley Local Alcohol Survey conducted in November- December 2012 is 

attached as Appendix 1. This survey was undertaken to gather evidence to assist the Council with the 

development of the Hutt City LAP. 

Attached as Appendix 2 is the timeframe Council is following to create the Hutt City LAP. 

Hutt City Local Alcohol Policy (LAP). 

1. Density, location, hours and one-way door policy(s) of licences 

NB: The “status quo” in respect of licensing arrangements (as noted in (a) and (b) below) comprises 

Council’s current Liquor Policy and the licences issued under that policy. 

Council’s current Liquor Policy in respect of trading hours allows for the following: 

On licences 

Lower Hutt CBD – 

Taverns/Hotels/Nightclubs 

7.00am – 3.00am the following day, Monday to Sunday 

Restaurants/Cafes 


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All other areas – 

Taverns/Bars/Pubs/Restaurants/Cafes 


Brothels – on the condition that their on-licences are linked to the business activity of a brothel. 

Paris to operate Monday to Sunday 10.00am to 5.00am the following day. 

T.K’s to operate 24 hours a day, seven days a week. 

Off Licences 

Lower Hutt CBD and Petone 

7.00am – midnight 

All other areas 

7.00am - 11.00pm; 

a) in respect of on-licence trading hours the status quo is to remain with the exception of an 

8am - 1am the following day restriction in the Eastern Ward*; 

b) in respect of off-licence trading hours the status quo is to remain with the exception of a 

9am - 10pm restriction in the Eastern Ward* and a 9pm closing time in the Western Ward*; 

c) in respect of the location and density of on-licences and off-licences the following restrictions are 

to be introduced: 

1) a cap of two off-licences in the Eastbourne Ward*; 

2) a cap on off-licences, excluding the Central Commercial Area/Central Business District, in the 

Central Ward with only the outlets who have been granted liquor licences to remain; and 

3) in respect of the Eastern Ward*, in the Waiwhetu shopping area being the area between 

Cambridge Terrace and Waiwhetu Road on Whites Line East, off-licences allowing for the 

sale of wine and beer only are to be permitted; 

d) in respect of one-way door restrictions, the legal power to establish such restrictions across the 

entire City lies with the District Licensing Committee with the Police and Licensing Inspectors able 

to monitor and enforce such restrictions. 

2. Discretionary 

Section 77(1)(f) of the SSAA enables Council to include “the issue of licences, or licences of a particular kind 

or kinds, subject to discretionary conditions” in its LAP. Council currently has three policies with discretionary 

conditions that would be appropriate to include in the draft LAP. 

i) Use of Council-owned property 

A special Licence may be required for any private event (birthdays, concerts, company social 

events etc) held on Council owned property or land at which the supply and/or consumption of 

liquor will occur. 

* Refer to Appendix 3 attached which is a map showing where the Eastern, Western, Central and Eastbourne Wards are located in Hutt City. 


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No glassware is to be taken outside the club/building or where the event is on a grass or artificial 

grass surface. 

Plastic containers or cans must be used for any event (except when it is being served and remains 

within the club/building). 

Areas must be clearly defined, cordoned off/demarcated where liquor is being sold/consumed 

outside of the club/building e.g. beer tent. Where appropriate, people are to remain within the 

defined area. 

Any applicant for a Special Licence must adhere to Hutt City Council policies or bylaws regarding 

the use of public land. 

Hutt City Council Control of Liquor in Public Places Bylaw bans the possession and consumption of 

liquor in specific places during particular hours. 

The responsible use of liquor at events where liquor is permitted is to be promoted by the event 

organiser. 

ii) Licensed Outdoor Areas 

Holders of an On-licence can apply to use the area outside their premises on Council owned 

footpaths for dining and the consumption of liquor. Applicants must obtain a Street Encroachment 

Licence from the Hutt City Council. 

iii) Host responsibility 

Hutt City Council believes that excellence in host responsibility is fundamental to achieving the 

object of the Act and the intent of this policy. Applicants for new and the renewal of on, off and club 

licences are required to produce and supply a comprehensive host responsibility policy with their 

licence application, and the assurance that management will ensure that their staff are aware of 

and comply with their Host Responsibility policy. Generally excellence will be achieved through: 

• Ensuring that the overall environment of the premises and that of the area outside of the 

premises is conducive to preventing alcohol related harm and encouraging moderation; 

• Ensuring that the serving of alcohol is carried out in a responsible manner; 

• Ensuring under age drinking does not occur through insisting that recognised evidence of age 

documents are requested by the licensee and all staff; 

• Ensuring that patrons do not become intoxicated and where intoxicated persons do present 

themselves, they are not served further alcohol 

• Providing staff with the authority necessary to immediately respond to situations involving both 

under aged drinkers and intoxicated drinkers; 

• Ensuring door staff training is undertaken by premises with late night operating hours. 

• Ensuring that reasonable steps are taken to avoid the spiking of drinks; 

• Providing information, promoting and assisting patrons to access safe forms of transport; and 

• Providing staff training and on going monitoring of staff performance to support all host 

responsibility policies. 

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3. Proposed Council Discretionary Power 

The Council has an Economic Development Strategy. This Strategy is primarily focused on how Hutt City 

Council will contribute towards the sustainable economic development of Hutt City from 2009-2014. Council 

can influence this through active intervention, leveraging off existing activities, facilitation and partnerships. 

Five outcomes, with strategies to achieve them, form the focus of the strategy, namely: 

• More business activity happening in Hutt City Council and recognition of Hutt City as a business 

location and vibrant city 

• Recognition of Hutt City as a business location and vibrant city 

• Continued investment in current and new business activities 

• An available skilled workforce 

• More sustainable business and economy. 

Council while mindful of the object of the Sale and Supply of Alcohol Act 2012, wants to ensure that 

economic development opportunities are not unreasonably constrained that could add to the local economy. 

On a case by case basis the Council proposes to establish the discretion to consider liquor licence 

applications that fall outside the restrictions established in the Hutt City LAP. This will enable Council to 

consider the economic, social and environmental factors associated with a liquor licence application and 

determine if a license should be permitted and subject to what conditions, if any. 

The criteria Council proposes to use when considering applications that fall outside the restrictions 

established in the Hutt City LAP are as follows: 

i) All such applications must relate to licensing matters pursuant to Section 77 (3) of the Sale and 

Supply of Alcohol Act 2013. 

ii) All such applications must be consistent with the objects of the Sale and Supply of Alcohol Act 

2013. 

iii) Council will consider an application for an off licence for a premises where (in the opinion of the 

Council) the principal business carried on is the manufacture of alcohol. 

iv) Council will consider an application for an off licence for a premises that (in the opinion of 

the Council) is a supermarket with a floor area of at least 1,000 m2 (including any separate 

departments set aside for such foodstuffs as fresh meat, fresh fruit and vegetables, and 

delicatessen items). 

v) Council will consider an application for an on-licence or off-licence, subject to (i) and (ii) above and 

if (in the opinion of the Council) such an application will add new economic value and benefit to the 

local economy. 


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Explanatory Note concerning Clause 3 (v) : 

Adding new economic value and benefit to the local economy does not mean that an additional bottle store 

or hotel, club or tavern will be issued with a liquor licence. Adding an additional liquor licence to the status 

quo does not in itself constitute adding new economic value and benefit to the local economy. Council will 

however consider the following types of licence applications pursuant to Clause 3 (v) of the Hutt City Local 

Alcohol Policy: 

• An application for an on-license if such an application is for a major conference facility or 

entertainment complex. Such a facility, assessed on its merits may (in the opinion of the Council) 

be adding new economic value and benefit to the local economy in addition to what currently exists. 

• An application for an off-licence if such an application has a primary focus on food (usually within 

a specific area/type of cuisine) and where alcohol could be sold as a complementary addition. 

Review: 

Section 97 of the Act requires a LAP to be reviewed every six years. 

Commentary: 

The following comments do not form part of the LAP. They are provided to advise readers with some 

answers to some frequently asked questions. 

1. Question: What happens when an existing liquor licence undergoes a change of ownership 

Answer: There is no ability under the legislation to transfer a license to a new owner. Instead, a 

new license will be required. The primary reason is that one of the criteria for issuing licenses is the 

suitability of the applicant. 

If a license is held by a company and there is a change to the company’s name or a change in 

the directors or shareholders (subject to certain qualifications), that change must be notified to the 

secretary of the licensing authority. 

2. Question: What happens when an existing liquor licence holder moves to a new location 

Answer: A liquor licence is site specific. Moving to a new location will require a new liquor licence 

to be issued for the new premises. In this instance matters that need to be considered includes 

noise levels, levels of nuisance and vandalism, the amenity and good order of the location. 

3. Question: What happens when a licensed premises needs to close to undertake earthquake 

strengthening 

Answer: An application for a temporary licence can be made to the licensing authority to authorise 

the sale of alcohol from another premises to enable the licensed premises to be earthquake 

strengthened. 

4. Question: Will my business hours be restricted under this LAP or the Act if I run a business selling 

alcohol via the internet 

Answer: Remote sales of alcohol (i.e. through the internet, phone or mail) can take place at any 

time on any day and is not restricted by the hours specified in the LAP or the Act. 

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Appendix 

Appendix 1. 10 

Survey results of Hutt Valley Alcohol Survey 


Time frame and steps from here to develop draft to provisional LAP 


Map of Hutt City showing ward boundaries 


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DRAFT HUTT CITY LOCAL ALCOHOL POLICY - Hutt City Council

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