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Part 14 - Liquor Control in Public Places

Explanatory Note

The Local Government Act 2002 gives Council the power to control the consumption and possession of liquor in public places. The Council can use this power generally, to create on-going liquor bans in public places, or to ban liquor for one-off special events or occasions in public places.

The aim of this part of the bylaw is to control the consumption of alcohol in those public places where Council is concerned that the possession of liquor in the public place, whether generally or over a specified period may result in disorderly behaviour and criminal offending.

Contents

14.0 DEFINITIONS
14.1 RESOLUTION TO SPECIFY PUBLIC PLACES
14.2 LIQUOR PROHIBITION
14.3 EXCEPTIONS
14.4 POWERS OF THE POLICE
14.5 OFFENCES

14.0 DEFINITIONS

For the purposes of Part 14 of the Consolidated bylaw the following definitions will apply:

Liquor has the meaning given to it in section 147(1) of the Local Government Act 2002, being the meaning given to it in the Sale of Liquor Act 1989.

Public place has the meaning given to it in section 147(1) of the Local Government Act 2002, which for Auckland City Council’s purpose means a place:

  1. that is under the control of Auckland City Council; and
  2. that is open to, or being used by, the public, whether or not there is a charge for admission; and includes:
    1. a road, whether or not the road is under the control of the Auckland City Council; and
    2. any part of a public place.

For the avoidance of doubt, a specified public place does not include any part of that place for which a current liquor licence is in force in accordance with the Sale of Liquor Act 1989 to the extent that the liquor licence permits the activities which would otherwise be prohibited under this Bylaw.

Specified public place means a public place which is specified in a resolution, passed by the Council for the purpose of this bylaw and in respect of which this bylaw prohibits or otherwise regulates or controls the consumption or possession of liquor, either generally or in respect of any specified period.

Specified period means a period specified in a resolution passed by the Council for the purpose of this bylaw and within which the prohibitions and controls in this bylaw will apply in relation to a particular specified public place.

Container includes any object used for or capable of holding, transporting or storing items, including, without limitation, any parcel, package, bag, case, perambulator or pushchair, shopping or sporting trundler, wheelbarrow or hand-trolley, child’s toy, or wheelchair.

14.1 RESOLUTION TO SPECIFY PUBLIC PLACES

14.1.1 The Council may specify, by resolution, the public places in which the prohibitions and controls in this Bylaw will apply.
14.1.2 A resolution made under clause 14.1.1 may specify that the prohibitions and controls in this Bylaw will apply to the specified public places either generally, or only in relation to specified periods or events.
14.1.3

A resolution made under clause 14.1.1 may be made, amended or revoked at any time.
14.1.4 Before specifying a public place under clause 14.1.1, the Council will consider:

  1. Whether liquor is likely to be present in a public place on the days or periods specified;

  2. Information about the nature of the locality and the reasons why the prohibition or control is being sought;

  3. The scale and nature of the area proposed for the prohibition or control;

  4. Whether or not private rights will be unnecessarily or unjustly invaded;
  5. Whether it is necessary to consult the public to gauge community views on a proposed prohibition or control;
  6. Any recommendations, advice or other comments received from the Police in relation to the proposal;
  7. Any other information considered by the Council to be relevant.

14.2 LIQUOR PROHIBITION

14.2.1

No person may, either generally, or where a specified period applies, in that specified period:

  1. Consume, bring into or possess liquor in a specified public place; or
  2. In conjunction with a prohibition in (a), have or use a vehicle in a specified public place.

14.3 EXCEPTIONS

14.3.1 As provided for in section 147(3) of the Local Government Act 2002, this bylaw does not prohibit in the case of liquor in an unopened bottle or other unopened container:
  1. The transport of that liquor from premises that adjoin a specified public place during any period when, under the Sale of Liquor Act 1989, it is lawful to sell liquor on those premises for consumption off the premises, provided the liquor is promptly removed from the specified public place;

  2. The transport of that liquor from outside a specified public place for delivery to premises that adjoin the specified public place, provided the premises are licensed for the sale of liquor under the Sale of Liquor Act 1989;

  3. The transport of that liquor:

    1. from outside a specified public place to premises that adjoin the specified public place by, or for delivery to, a resident of those premises or by his or her bona fide visitors; or

    2. from premises that adjoin a specified public place to a place outside the specified public place by a resident of those premises, provided the liquor is promptly removed from the specified public place.
14.3.2

In addition:

  1. The exception in clause 14.3.1(b) is extended to apply in respect of premises which are licensed merely for the consumption of liquor (as distinct from sale and consumption); and
  2. The exception in clause 14.3.1(c)(ii) is extended to apply in respect of bona fide visitors of such residents.

14.4 POWERS OF THE POLICE

14.4.1

In addition to their general powers under sections 169 and 170 of the Local Government Act 2002, any member of the New Zealand Police may exercise the power under section 170(2) of that Act (to search a container or vehicle without further notice) on specified dates, or in relation to specified events, which may be notified by the Council from time to time in accordance with section 170(3) of the Act.

14.5 OFFENCES

14.5.1

Every person who breaches this bylaw, commits an offence under section 239 of Local Government Act 2002, and is liable on conviction to a fine under section 242 of that Act.