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Submission by Hospitality Association of New Zealand to the Government Administration Committee on the Rugby World Cup 2011 (Empowering) Bill
16 July 2010 Hospitality Association of New Zealand Rugby World Cup 2011 (Empowering) Bill Members of the Committee The Association is voluntary and is primarily funded by membership subscriptions. Our membership of approximately 2370 plus members employ 11,610 full-time and 19,674 part time employees for a total of around 30,000 people. Approximately 83% of the Association’s members are small businesses and owner operated. The Association asserts that this figure mirrors the wider hospitality industry. The Association also plays a significant role in assisting the hospitality industry comply with sale of liquor law through its advice to members as well as the Association’s involvement in, and the promotion of, the HANZ 18+ photo identification card with over 100,000 cards issued since 1999. Service delivery to members is provided through a team of 8 Regional Managers based at local branches around New Zealand supported by a service team in Wellington. Service is delivered through personal visits and telephone contact to members and includes advice to hospitality businesses on a wide variety of industry and compliance issues including liquor licensing and employment. There is also a perception that the Association speaks for and represents the interests of the hospitality industry as a whole. The Association supports the Alcohol Advisory Council’s cultural change approach to minimising harm from alcohol. The Association has considered the bill and makes appropriate comment on selected aspects of the bill. The Association would like an opportunity to be heard before the Committee on its submission. Bruce H Robertson 1. Introduction and Overall Comments 1.1 The Association supports the Bill, its objects and its framework and recommends that it proceed with suggested amendments. 1.2 In introducing the Bill, Minister McCully stated (our emphasis): “The hosting requirements for an event of this scale present significant challenges. Time-critical temporary activities and facilities will require a wide range of consents, licences, and regulatory approvals that existing processes are not suited to address. This is because of the long timeframes needed for some approval processes, the risk of capacity constraints arising within some consenting authorities and the likelihood that urgent approvals may be needed to resolve unforeseeable circumstances during the tournament.” 1.3 The Association considers that the Bill will introduce a useful resource to enable maximum assistance to enable New Zealand to be the best host that it can for the Rugby World Cup tournament and in doing so support both local needs, tournament spectators, businesses and visitors. Indeed, everyone is mindful of the opportunities that the tournament provides. 1.4 The Association’s primary interest in the Bill is the ability to obtain liquor licences under Part 5 of the Bill and in particular the provisions to enable licensees to obtain liquor licences to provide hospitality support associated with Rugby World Cup events in accordance with the object in Clause 56 (1) (a) of the Bill. 1.5 The Sale of Liquor Act 1989, enables on-licensees to apply for and obtain special licences for special occasions and events to enable liquor trading at times when the on-licence would otherwise be required to be closed for the sale of liquor. 1.6 We consider that the ability to obtain special licenses in such circumstances addresses the issue of unsupervised alcohol consumption where an event is taking place in a locality. Indeed, anecdotal evidence would suggest that restrictions on on-premise trading have the potential to increase off-premise consumption where behavioural issues associated with the consumption of alcohol are more difficult to address. 1.7 In terms of Rugby World Cup events, the Association considers that the licensing scheme under Part 5 of the Bill needs to include on-licences being able to trade in support of the screening of televised rugby games at on-licensed premises beyond usual licence conditions in respect of hours or area restrictions as identified in the Bill to provide hospitality services during televised matches. 1.8 However, this is something that is not generally able to occur under existing Sale of Liquor legislation where the screening of a sporting fixture falls outside licensing hours. 1.9 Although licensees may make application for special licences under the Sale of Liquor Act, in practice licensees are generally unable to obtain special licences to enable trading for the screening of televised events outside licensing hours because persons are not “attending” an occasion or event on premise because the sporting event isn’t an occasion or event that takes place on premises, rather it takes place at the appropriate sporting ground. The enclosed decision of the Liquor Licensing Authority illustrates the conundrum. 1.10 We accordingly consider the Bill necessary to enable this since special licences to enable on-licences to open and trade to screen and provide hospitality services during televised sporting fixtures cannot generally be achieved under existing Sale of Liquor legislation and we consider Rugby World Cup 2011 a unique and important event where such ability is appropriate. 1.11 Our question therefore is will the Bill enable this where the existing liquor licensing regime doesn’t when such would seem to support the objects of the Bill. We think that if the Bill doesn’t enable this then the Bill will fail to achieve its full objects. 2. Comments on Selected Aspects of the Bill 2.1 We again quote the Minister’s contextual comments: “In relation to the sale of liquor provisions, the Bill will provide a regulatory framework for those holding a RWC liquor licence which will enable responsive management of RWC events whilst reducing the potential for alcohol-related harm” “The Rugby World Cup will present a range of hospitality and hosting opportunities for New Zealand. This legislation is required to ensure we can adequately meet the requirements of various events, and take full advantage of the opportunities presented by hosting the tournament,” 2.2 In addition to the comments above we provide comment on selected aspects of the Part 5 of the Bill in respect of Rugby World Cup Liquor Licences. Clause 62 Reports to the Authority 2.3 We note the requirement for police, district licensing inspectors and medical officers of health to inquire into and report to the Authority whether there is any matter in opposition to an application for a Rugby World Cup Liquor Licence and whether any conditions should be imposed on the licence. This is in effect the same provision in respect of licensing applications under the Sale of Liquor Act 1989. We further note a 15 working day timeframe for such reports and consider it entirely foreseeable that this timeframe is too long and should be shortened if indeed it is the object of the Bill to expedite regulatory procedures. 2.4 We accordingly propose two amendments to this provision. 2.5 We consider that if the objects of the Bill are to be achieved then we suggest only if the reporting bodies have any matters in opposition or conditions they consider should be imposed on the licence rather than the requirement to lodge a report irrespective as Clause 62 seems to require. If the Bill already achieves this object then the suggested amendment should provide greater clarity. 2.6 We further suggest a shorter timeframe for such reporting. Indeed, the Bill provides only 5 working days under Clause 64 (2) for anyone else to comment on any matters in opposition to a licence application and we see no reason for a greater timeframe afforded to police, inspectors and medical officers of health who ought to be familiar with liquor licensing as opposed to other persons generally. 2.7 We accordingly suggest that the timeframes for anyone to raise any matters in opposition or concerns, including the agencies referred to in Clause 60 (6), be aligned to 5 working days. Clause 63 Public Notice of Applications 2.8 As discussed above, we consider that the Bill, if it is to achieve its objects, must enable a licensee to apply for and obtain a Rugby World Cup Liquor Licence for the purpose of screening a rugby match during the Rugby World Cup tournament and that this be in terms of a sufficient connection to the Rugby World Cup as required by Clause 63 (2) (a) of the Bill. 2.9 We accordingly consider that Clause 63 (2) could be clarified by the addition of the following: “For the purposes of (a) a premise or area is reasonably closely connected includes the screening on that premise or area a televised Rugby World Cup event.” Clause 77 Variation, Suspension or Cancellation of Licences 2.10 We note the similarity of this provision with the corresponding provision in the Sale of Liquor Act and note in particular the provision in (c) of Clause 77. This provides the ability for a constable or inspector to make application to the Authority where the conduct of the licensee shows that the person is not suitable to hold a licence. 2.11 This is an extension of the corresponding grounds for applications for variation, suspension and cancellation of licences under the Sale of Liquor Act. However, we consider that such a consideration is one the subject of any reports under Clause 62 or any objections under Clause 64. Indeed, where a licensee’s conduct is in question we consider this properly addressed under (a), (b) and (d) of Clause 77. We accordingly recommend that if the Bill is to meet its objects that this provision be removed as it would seem unnecessary having regard for the licensing scheme under Part 5 of the Bill and the other grounds of application under Clause 77 (2). 2.12 We oppose Clause 77 (6) on natural justice grounds. In regard for the short timeframes for applications (24 hours) under Clause 77 we don’t see the reasoning or need for the arbitrary way that Clause 77 (6) provides that licensees may be impacted without any ability to put their case to be considered before any orders that affect them are made. We accordingly recommend that Clause 77 (6) be removed and not proceed. 3. Conclusion and Summary of Recommendations 3.1 The Association recommends that the Bill proceed with the following amendments: (a) That Clause 62 (1) (b) be amended by deleting the word “stating” and replacing it with the word “if” and deleting the word “whether” from sub paragraph (i) of Clause 62 (1) (b), (b) That Clause 62 (2) be amended by deleting “15 working days” and replacing it with “5 working days”, (c) That the words “For the purposes of (a) a premise or area is reasonably closely connected includes the screening on that premise or area a televised Rugby World Cup event.” be added to Clause 63 (2). (d) That Clause 77 (2) (c) be deleted and not proceed. (e) That Clause 77 (6) be deleted and not proceed. |
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