Sale and Supply of Alcohol (Off-Licencing) Amendment Bill

1. Title

Sale and Supply of Alcohol (Off-Licencing) Amendment Act 2018.

2. Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3. Purpose

The purpose of this Act is to reform the way in which off-licences are granted in order to ensure a more equitable system for regulating the sale of alcohol. Namely, this Act will reduce the unintended consequences of tobacco excises whereby increasing costs may make an off-licence holder ineligible to sell alcohol, and to allow for shops situated within another shop to be eligible to obtain an off-licence for their premises.

4. Principal Act amended

This Act amends the Sale and Supply of Alcohol Act 2012 (the principal Act).

5. Section 32 amended (Kinds of premises for which off-licences may be issued)

After section 32(1), insert:

(1A) For the purposes of subsection (1)(b), annual sales revenue excludes any revenue from excise duty and excise-equivalent duty on tobacco products.

6. Section 32 amended (Kinds of premises for which off-licences may be issued)

In section 32(1)(b), after “annual sales revenue” insert:

“(excluding revenue generated from the sale of items manufactured on the premises)”.

7. Section 36 amended (No off-licences for petrol stations, certain garages, dairies, convenience stores, conveyances, or shops within shops)

In section 36, insert as subsection (2):

(2) For the avoidance of doubt, nothing in subsection (1)(e) and (f) prevents a licensing authority or licensing committee directing that an off-licence be issued for premises of a kind described in section 32(1) where the premises is situated within or accessed through a restaurant.

Submitted by the Associate Minister of Justice, the Right Honourable /u/Fresh3001 (National) on behalf of the government.

Debate will conclude at 3:00pm, Sunday 30th September 2018.