The Act and the LCQ
The Sale and Supply of Alcohol Act 2012 replaced the Sale of Liquor Act 1989. Its object is the safe and responsible sale, supply and drinking of alcohol, and keeping harm from excessive or inappropriate drinking as low as possible.
The Licence Controller Qualification (LCQ) is the prescribed qualification for people in charge of selling alcohol. You gain it by completing NZQA unit standards 4646 and 16705, through ServiceIQ online or another training provider. ServiceIQ issues the certificate and keeps a national database that councils check.
- In the ServiceIQ online programme, assessment questions are answered online, with up to three attempts.
- You must finish the online programme within four months.
- An LCQ gained under the 1989 Act has expired unless you passed the bridging test before 31 January 2017.
Managers and manager's certificates
A certified manager must be on duty whenever alcohol is sold on licensed premises, and is responsible for following the Act and the licence conditions. In clubs, the manager must be on duty and easy to contact but need not be on site.
You apply for a manager's certificate to the district licensing committee (DLC) through your local council. Councils ask that you are 20 or older, hold the LCQ, and have relevant experience, often at least six months in licensed premises.
| Type of manager | Key rule |
|---|---|
| Temporary manager | Covers when a manager leaves, is ill or absent; must apply for a certificate within two working days |
| Acting manager | Up to three weeks at a time, and six weeks in total in 12 months; treated as a certificate holder |
The licensee must tell the licensing committee and the Police, in writing, when they appoint or stop using a manager (not needed for temporary or acting cover under 48 hours).
Licences, hours and who decides
The main licence types are on-licences (bars, restaurants), off-licences (bottle stores, supermarkets), club licences and special licences for events. Apply for a special licence at least 20 working days ahead; 20 December to 15 January does not count as working days.
| Licence | National maximum hours |
|---|---|
| On-licences and clubs | 8 am to 4 am |
| Off-licences | 7 am to 11 pm |
Your licence may set shorter hours, and councils can set local hours in a local alcohol policy (LAP). People may stay up to half an hour after closing if no alcohol is sold.
- District licensing committees issue licences and certificates.
- The Police, licensing inspectors and the Medical Officer of Health can report on applications.
- The Alcohol Regulatory and Licensing Authority (ARLA) hears appeals and enforcement cases.
- Dairies and convenience stores will not get off-licences. Supermarkets must keep alcohol in a single area.
Host responsibility and intoxication
Every on-licence must make available food, low-alcohol and non-alcoholic drinks, and information about safe transport. New and renewed on-licences must give free drinking water. Committees can add conditions such as a one-way door after a set time.
Under the Act a person is intoxicated when they are affected by alcohol, drugs or other substances and show two or more of these signs:
- Affected appearance
- Impaired behaviour
- Impaired coordination
- Impaired speech
You must not serve an intoxicated person or let them stay on the premises. Fines can be up to $10,000.
Minors and ID
The minimum age to buy alcohol is 18. Only these documents are approved evidence of age, and they must not be expired:
- A passport
- A New Zealand driver licence
- A HANZ 18+ card
- A Kiwi Access card
| Area of premises | Minors allowed? |
|---|---|
| Restricted | No, not even with a parent |
| Supervised | Only with a parent or legal guardian |
| Undesignated | Yes |
Minors who work at licensed premises may serve food and clean in any area, and do bar work only in undesignated and supervised areas. A minor can never be a duty, acting or temporary manager.
Outside licensed premises, only a parent or legal guardian, or someone with their express consent (for example a genuine text or email), may supply alcohol to an under-18, and it must be done responsibly. The fine is up to $2,000.
Promotions and penalties
Promotions that encourage excessive drinking or appeal especially to minors are banned. Outside licensed premises you must not advertise free alcohol, discounts of 25% or more, or free goods or prizes with alcohol. The fine is up to $10,000.
| Offence | Penalty |
|---|---|
| Presenting fake ID, using or lending ID to buy alcohol | $250 infringement fee |
| Drinking or an open container in a liquor ban area | $250 infringement fee |
| Serving or allowing an intoxicated person to stay | Fine up to $10,000 |
| Three breaches of listed offences in three years | ARLA can cancel the licence or manager's certificate; no new one for 5 years |
Sources
- ServiceIQ: Licence Controller Qualification
- ServiceIQ: LCQ online programme flyer
- Ministry of Justice: key points for businesses
- Ministry of Justice: key points for the public
- alcohol.org.nz: Sale and Supply of Alcohol Act 2012
- Ōpōtiki District Council: Manager's certificates
- Tauranga City Council: Manager's certificate
- Wellington City Council: Minimum purchase age