17 April 2020
To: Hon Andrew Little – Minister of Justice
Tēnā koe Minister Little
Support for an urgent change to the Sales and Supply of Alcohol Act 2012
I am writing this letter in support of Maura Rigby’s call to make an urgent change to the Sale and Supply of Alcohol Act 2012, using the provisions set out in Epidemic Preparedness Act 2006 to better support the hospitality sectors recovery from the COVID-19 pandemic.
The change sought and supported by the Restaurant Association of New Zealand, is to allow already On-Licenced restaurants, cafés and bars to apply for emergency Off-Licences while the Alert Levels remain in place, heavily restricting our industries ability to trade.
New Zealand has so far remained an international outlier in terms of operations of hospitality businesses during lockdown. The Restaurant Association is now working at great speed with Ministry of Business, Innovation and Employment officials to put appropriate contactless and kerbside food delivery guidelines in place, in the lead up to Alert Level 3, and give the hospitality industry an opportunity to generate some revenue whilst their shop fronts remain closed.
As the Minister responsible for the Sale and Supply of Alcohol Act 2012, I understand only you can bring about changes in this space. The industry understands this can be done through the presentation of an Order in Council to the Governor-General to make changes to the Act, expedited by the Epidemic Preparedness Act 2006.
The changes required in the Order in Council are either:
- creating a new special licence (as they have in many states of Australia); or
- creating a new Off-Licence type with reduced processing times, inspection requirements, notification requirements and fees; either in exceptional circumstances or while the Covid-19 Epidemic Notice is in force.
As you will be aware, changes were made to the Act to extend trading hours for the 2019 Rugby World Cup, and we argue that there is a much greater need to amend the Act now.
The proposed change is consistent with measures taken internationally, including in the Australian states of Victoria, Queensland, New South Wales, South Australia and Western Australia. These provide a good template from which we can work.
For example, applications to the Government of South Australia’s scheme can be made online, and there are no fees to apply. Their guidance is set out as follows:
| From Thursday 26 March 2020, licensees who hold a restaurant and catering, residential, small venue, club or on premises licence are able to apply for a short-term licence – at no fee – which will enable them to sell alcohol for takeaway or delivery with meals. This will allow licensees to sell up to: two bottles of wine orone bottle of wine and a six pack of beer, cider or pre-mixed spirits, per transaction – as long as the transaction also includes the sale of a meal. |
Without action, the maintenance of jobs and ongoing viability of many hospitality businesses that rely on alcohol sales alongside their food sales will be put in jeopardy. This change is not an attempt to promote excessive consumption of alcoholic beverages, but rather an affirmative measure allowing responsible licence holders to continue to offer alcoholic beverages with meals, by way of contactless delivery, while Alert Levels and social distancing orders remain in place.
There is public and industry support for this change. Our Association is available to assist in the creation of any guidance to sit alongside this change. Should you wish to discuss this with me directly, please do not hesitate to pick up the phone 027 559 7777.
Ngā mihi nui,
Marisa Bidois
Tāhūhū Rangapū (Chief Executive)
Restaurant Association of New Zealand