Auckland Council confirms details on measures to support

The Association has been engaging with Auckland Council on support for the hospitality industry. The Council have acknowledged the constructive proposals we’ve put forward on how Council can support. They have also acknowledged the challenges faced by the industry and how they are continuing to explore support to the extent possible within the existing regulatory environment. 

The information below provides additional detail on the areas the Council is working to support hospitality businesses:

Extension of outdoor dining licence duration to respond to 19 Alert Level 4-2 disruptions 

• Council will automatically extend without cost existing outdoor dining licences (issued under Council’s Trading and Event in Public Places Bylaw) by the same period as Auckland is in Alert Levels 4-2, to a maximum of 6 months.  
• The period will be calculated from the start of Alert level 4 until Auckland returns to Alert Level 1 or a maximum period of six months from the start of Alert Level 4, that is, until 18 February 2022 (whichever is the lesser).
• Existing licence holders do not need to contact the Council to receive an extension, this will be applied at the end of the period.
• If an existing licence expires during the period, the licence holder can continue to use the area outlined in the licence under the same conditions without needing to renew the licence.
• An existing licence holder may renew a licence during the period and they will receive a new 12-month licence at the end of the period.
• New applications approved during the period will not receive the licence extension and will be issued for the normal 12-month period.
• Any temporary licences (for example, to accommodate the need for greater social distancing) approved will be subject to specific conditions depending on where they are located.

Waiving of Outdoor Dining licence application and rental fees during Covid-19 Alert Level 4-2 lockdown disruption 

• Application fees and rental fees will not be charged for the same period as Auckland is in Alert Levels 4-2 to a maximum of 6 months, this applies to standard and temporary licences. 
• The period will be calculated from the start of Alert level 4 until Auckland returns to Alert Level 1 or a maximum period of six months from the start of Alert Level 4, that is, until 18 February 2022 (whichever is the lesser).
• For licences that are renewed during this period, rental fees will be charged for the remainder of the licence period once the disruption period ends. 
• Fees that have already been paid during this period will not be refunded, however an extension of the licence duration will be applied. 

Giving business certainty 

Council is unfortunately unable to provide blanket extensions to the duration of temporary licences further than the timeframes outlined above. 

With the requirements of the Covid-19 Alerts levels changing, Auckland Transport has advised that temporary street trading licences that involve using the carriageway (for example, carparks or other spaces usually used by vehicles) will be reviewed as the Alert Levels change to ensure safety.  As a result, the Council may need to advise licence holders to cease using areas authorised under a temporary licence and to remove all temporary installations. The Council will endeavour to give as much notice as possible if this does arise. 

In other cases, if businesses wish to continue using a temporary licence for longer than the period described above, Council will need to undertake a quick review to ensure on-going compliance with the Trading and Events in Public Places Bylaw and any applicable Covid 19 requirements. In this circumstance, standard rental fees will apply. 

Processing of applications 

All applications (standard and temporary) and amendments to existing applications will be processed as soon as possible.  All applications can be sent to streettrading@aucklandcouncil.govt.nz.

If an amendment is requested that involves a temporary outdoor dining area, a temporary licence for the new area will be issued and the existing licence will remain unchanged. 

Licences other than Outdoor Dining 

The waiving of fees and extending of licence durations only applies to Outdoor Dining licences.  All other licences fees and renewal requirements remain unchanged. 

While Council can be responsive when it comes to its bylaws, a significant constraint on what can be done with outdoor dining is imposed by the requirements of the Sale and Supply of Alcohol Act. Council is unable to fast-track any application for a new licence or variation to an existing licence.