Alcohol Control Bylaw 2018 - Te Ture a Rohe Whakamarama Waipiro

1. Title

1.1. This Bylaw is the Thames-Coromandel District Council Alcohol Control Bylaw 2018.

2. Purpose and Scope

2.1. The Bylaw aims to reduce the instance of crime or disorder related to alcohol consumption by controlling where and when people can possess or consume alcohol in public places. This Bylaw is made under the Local Government Act 2002 and applies to any public places within the Thames-Coromandel District as specified in Schedule 1.

3. Commencement

3.1. This Bylaw comes into force on 18 December 2018.

4. Revocations

4.1. The Thames-Coromandel District Council Part 4 Liquor Ban of the Consolidated Bylaw 2004 is revoked at the time of the Thames Coromandel Alcohol Control Bylaw 2018 comes into force.

5. Definitions

5.1. Any words, phrases or expressions in this Bylaw which have meanings assigned to them by the Local Government Act 2002, Sale and Supply of Alcohol Act 2012 and the Land Transport Act 1998 shall have the meanings as are respectively assigned in those Acts and corresponding supplementary legislation, unless inconsistent with the context in which such words occur.

5.2. In this Bylaw, if not inconsistent with the context:

Alcohol: Has the same meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012.

Council: Thames-Coromandel District Council.

Designated freedom camping area: Means the part of a restricted area under the Freedom Camping 2014 Schedule Two, as indicated at the site by signage, which allows for freedom camping in certified self-contained vehicles.

Event: Means an organised activity involving a large group of people.

Licensed premises: Has the same meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012.

Motor vehicle: Has the same meaning given by section 2 of the Land Transport Act 1998 (not including self-contained vehicles). 

Public place: Has the same meaning given by section 147(1) of the Local Government Act 2002.

Self-contained vehicle: Means vehicles that are certified as self-contained under NZS 5465:2001.

Special licence: Means the type of licence detailed in section 22 of the Sale and Supply of Alcohol Act 2012.

5.3. Any future amendments to, or replacement of, a part of an act or regulation referred to in the Bylaw apply to this Bylaw.

6. Permanent alcohol bans

6.1. A person must not consume, carry or possess alcohol in an alcohol ban area in Schedule 1 or in a motor vehicle within an alcohol ban area; unless an exemption or special licence applies.

7. Exemptions

7.1. A person can apply in writing to the Chief Executive of the Thames-Coromandel District Council for an exemption for an activity that would be in breach of this Bylaw.

7.2. When an exemption is granted the public must be informed by Council of the activity 7 days in advance of it taking place.

7.3. Clauses 6 and 9 do not apply to self-contained vehicles when:

a) Alcohol is being consumed inside the self-contained vehicle; and
b) It is being used for freedom camping in a designated freedom camping area; and
c) The number of people in the vehicle does not exceed the maximum number of occupants stipulated on the vehicle's self-containment certificate.

8. Special licences

8.1. Where a special licence for an event to be held in an alcohol ban area has been issued clauses 6.1 and 9.1 do not apply to alcohol consumed within the area to which a special licence applies.

9. Temporary alcohol bans

9.1. In addition to clause 6, the Council may from time to time resolve under the Local Government Act 2002 to include additional area(s) as an alcohol ban area for a particular time period relating to a specified event or a particular time of the year. The Council will give the public at least 7 days notice of any temporary ban. The details of the alcohol ban area and when it will apply will also be made publicly available.

10. Amending alcohol bans

10.1. The Council may by resolution amend the place, dates and times of an alcohol ban in accordance with the Local Government Act 2002.

11. Signs

11.1. The Council may display signs informing the public of the alcohol ban area. The absence of sign or signs is not a defence to a breach of this Bylaw.

12. Offences and penalties

12.1. Any person who does not comply with the provisions of this Bylaw commits an offence.

12.2. An offence under this Bylaw is liable to a penalty under the Local Government Act 2002.

a) A person found in breach of the Bylaw is liable for an infringement fee not exceeding $1,000.
b) A person who is convicted of an offence against this Bylaw made under this Bylaw is liable to a fine not exceeding $20,000.

SCHEDULE ONE: ALCOHOL BAN AREAS

(See the maps available to download on the right side of this page for the areas where alcohol bans apply.)

A. Permanent ban areas

An alcohol ban is in place, covering all places indicated on the maps, within the Thames-Coromandel District, 24 hours a day, seven days a week, 365 days a year.

B. Holiday ban areas

An alcohol ban is in place, covering all places indicated on the maps, within the Thames-Coromandel District.

Christmas/New Year

From 4pm on 23 December to 4pm on 6 January each year except that when 6 January falls on a Friday, Saturday or Sunday the period of the ban is extended to 4am on the following Monday.

Auckland Anniversary Weekend

From 4pm Friday to 4pm Monday each year.

Easter Weekend

From 4pm Thursday to 4pm Tuesday each year.

King’s Birthday Weekend

From 4pm Friday to 4pm Monday each year.

Labour Weekend

From 4pm Friday to 4pm Monday each year.

Any other weekend that has a Public Holiday on the Friday prior or Monday after

From 4pm on the evening prior to the long weekend until 4pm on the last day of the long weekend.

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