There are other pieces of legislation that you also need to be aware of as they also relate to the running of licensed premises.
Fire Safety & Evacuation of Buildings Regulations
These give the requirements for when an evacuation scheme must be approved by a Fire Safety Officer.
Smoke-free Environments Act
This states that there is to be no smoking in any area of a licensed premise that is completely or substantially closable. Also, that the sale of tobacco products to anyone less than 18 years old is prohibited. These matters are dealt with by the District Health Board.
Food Hygiene Regulations
Host Responsibility requires the provision of food. This in turn brings in the requirement for registration as a food premise under these regulations. An Environmental Health Officer will make routine inspections to ensure that the required standards of food safety and hygiene are being met. There may also be bylaw requirements, e.g. re training.
Hazardous Substances & New Organisms Act
This controls the use and storage of things such as LPG and other gas cylinders. A Council Hazardous Substances Officer or an Independent Test Certifier may visit to check these are safe. People who handle hazardous substances are required to be approved by an Independent Test Certifier.
Resource Management Act
Councils are required to control land use to prevent adverse effects to communities. This may lead to some licensed premises having their hours limited if they are in or near a residential zone to minimise noise etc. The RMA also restricts noise specifically. No one may allow noise of an unreasonable or excessive nature at any time of day or night. If a Council Noise Control Officer visits the licensed premise and requires that noise levels be reduced or ceased, this must be complied with to prevent seizure of the equipment or prosecution – usually of the Duty Manager.
Summary Offences Act
It is illegal for any person under 18 years of age to consume liquor in a public place unless accompanied by his or her parent or legal guardian. The police can now issue instant infringement notices to such minors carrying a penalty of $200. It is illegal for any person to consume liquor in any vehicle carrying passengers for reward, unless that vehicle holds a liquor licence or is exempt under the Sale of Liquor Act.
Gaming Act
It is illegal to give alcohol (and some other things) as a prize. Also, South Taranaki District Council has a sinking lid policy for gaming machines in our district, due for renewal May 2007. This means we will not support any new applications for poker machines.
Human Rights Act
This protects the rights of every person against discrimination for reasons relating to the following:
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Sex, which includes pregnancy and child related matters
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Marital and relationship status
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Religious belief
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Ethical belief
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Colour
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Race
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Ethnic or national origins
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Disability and health – physical and mental
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Age – except where the SOLA controls specifically
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Political opinion
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Employment status
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Family status
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Sexual orientation
ANZAC Day Act
Where ANZAC Day falls on any day other than a Sunday, it shall be deemed to be a Sunday up until 1 pm in the afternoon, thereby incurring any conditions that would usually apply on a Sunday until that time. Your Sunday trading restrictions should appear on your premises licence, check these to see how ANZAC day affects you.
Trespass Act
This gives you the right to require someone to leave and/or stay off the premises. This is what you ban people or issue a “bluey” under. It also gives some right to use reasonable force to remove someone from the premises. However, be aware of your obligations under the Human Rights Act and common assault laws.
Building Act
This regulates things such as fire fighting systems, escape routes, plumbing and drainage & ventilation systems, general building maintenance, safety barriers, access for the disabled and occupancy loading. These matters are the building owners responsibility but as you are the one on site, you can assist in ensuring that any problems are brought to the building owner’s attention and dealt with.
Heath & Safety in Employment Act
This requires all occupiers of buildings to take all practicable steps to identify existing and potential hazards and eliminate, isolate or minimise the risk from them. You may be visited by an OSH inspector from the Labour Department relating to these matters.
Bylaws
Some areas may have Liquor Bans due to local Bylaws. These preclude the carrying or consumption of liquor in public places and may affect how you need to manage your patrons.
