Law and penalities

Monday, August 31, 2009

The sale of alcohol in New Zealand is governed by the Sale of Liquor Act 1989. The act covers aspects such as the age someone can purchase alcohol, where and when it can be bought, who can sell it and 'host responsibility' – selling alcohol to people in a responsible manner and ensuring that people drink alcohol safely.

It is important to remember that New Zealand does not have a legal 'drinking age'. A person must be at least 18 years-old to purchase alcohol, although someone who is younger than 18 can have alcohol supplied to them by their parent or legal guardian.

People under 18 cannot be at licensed premises except in certain circumstances. Under 18 year-olds can be present if employed to prepare or serve meals or other non alcohol-related activities. They may also be present in designated 'supervised' areas if accompanied by their parent or legal guardian.

Anyone who is aged 18 years or over can legally purchase alcohol from licensed premises. Licensed premises are any venue that has the legal right to sell alcohol. For example, restaurants, bars, pubs, clubs, supermarkets, bottle stores and sport clubrooms.

Despite it appearing to be common practice in many licensed venues, it is illegal to allow someone to become intoxicated (drunk) at a licensed premise or to sell liquor to an intoxicated person.

Penalties for contravening the Sale of Liquor Act include:

Offence Penalty
Under 18 buying alcohol Fine of up to $200
Under 18 illegally being in licensed premises Fine of up to $2000
Under 18 drinking in a public place or possesing alcohol in a public place (without parent or legal guadian) Fine of up to $300
Buying or acquiring alcohol from a licensed premise with the purpose of supplying it to someone under 18 years old Fine of up to $2000
Using fake identification or someone else's identification There are heavy penalities for committing fraud
A licensed premise supplying liquor to underage person

Fine up to $10,000 for permise, suspension of license up to 7 days

Fine of up to $10,000 for manager

fine of up to $2000 for staff
Allowing underage persononto licensed premises (without legal exemptions) Fine of up to $2000 for manager or licensee
Allowing person to become intoxicated or supplying liquor to an intoxicated person

Fine of up to $10,000 for licensee or manager

Fine of up to $2000 for staff

 

In addition to the provisions of the Sale of Liquor Act, there are local bylaws such as liquor bans that govern where and when people can drink. For example, drinking alcohol is prohibited in some public parks or inner city areas at certain times. Visit the website of your local council to find out what restrictions apply.