The Alcohol Restrictions in Public Places Bylaw 2018 came into force on 18 December 2018.
Preamble
This bylaw prohibits the consumption of alcohol and restricts the possession and carriage of alcohol in some public places within the Christchurch City Council district (called Alcohol Ban Areas).
In Alcohol Ban Areas, the consumption of alcohol is not generally allowed in public places (such as parks, footpaths, riverbanks, beaches or roads), but is allowed on private land (such as licensed premises or private residences).
The possession or carriage of alcohol in public places in Alcohol Ban Areas is limited by this bylaw and the Local Government Act 2002, and is generally only allowed when transporting, carrying or delivering alcohol through an area.
A breach of this bylaw is an infringement. This bylaw gives the Police the power to seize alcohol, to search people’s bags and vehicles (in certain situations), and to arrest people found to be breaching the bylaw.
This bylaw should be read together with the Local Government Act 2002 (in particular sections 147-147C, 169 to 170), as the Act contains further information on bylaws made for ‘alcohol control purposes’. Relevant parts of the Act are not included in this bylaw in full but are referred to where necessary.
This bylaw does not cover matters related to licensed premises or any matters already covered by the Sale and Supply of Alcohol Act 2012.
Pursuant to the powers vested in it by section 147 of the Local Government Act 2002, the Christchurch City Council makes this bylaw.
1. Short title and commencement
- This bylaw is the Christchurch City Council Alcohol Restrictions in Public Places Bylaw 2018 and comes into force on 18 December 2018.
2. Purpose
- The purpose of this bylaw is to reduce alcohol-related harm, damage, disorder and crime and to improve community safety by putting alcohol restrictions in some public places.
- This bylaw prohibits, or otherwise regulates or controls, the possession and consumption of alcohol in specified public places and the bringing of alcohol into specified public places.
3. Interpretation
- Text in this bylaw that is in grey italics (italics) is not part of the bylaw, but is explanatory in nature, and the Council may update or delete this text at any time without amending the bylaw.Explanatory note: Explanatory notes are used for a number of reasons, including to explain the intent of a clause in less formal language, to include additional helpful information, or because the information may be subject to change and need to be updated before the bylaw itself has to be updated.
- In this Bylaw, unless the context requires otherwise:
| Act | means the Local Government Act 2002 |
| Alcohol |
has the same meaning as ‘alcohol’ in section 5(1) of the Sale and Supply of Alcohol Act 2012 and section 147(1) of the Local Government Act 2002, and generally means alcoholic beverages such as beer, wine and spirits (including pre-mixed spirit-based drinks). |
| Alcohol restrictions | are the restrictions imposed by clause 7(1) of this bylaw. |
| Council | means the Christchurch City Council. |
| Event |
means any meeting, parade, concert, fair, celebration, festival, function, sporting or cultural event, commemoration, or other similar occasion, or a series of such occasions. |
| Large-scale event alcohol ban area |
means an area described in Schedule 2 in which alcohol restrictions are in place in public places within the area and during the times specified in the Schedule. |
| Licensed premises |
has the same meaning as ‘licensed premises’ in the Sale and Supply of Alcohol Act 2012, and generally means premises licensed for the sale or consumption of alcohol. |
| Permanent alcohol ban areas |
means an area described in Schedule 1 in which alcohol restrictions are permanently in place in the public places within the area, during the times, days or dates specified in the Schedule. |
| Public place | has the same meaning as ‘public place’ in section 147 of the Local Government Act 2002; and means a place that is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from it; but does not include licensed premises. |
| Special license | has the same meaning as ‘special licence’ in the Sale and Supply of Alcohol Act 2012, and generally means a licence granted under part 2 of the Sale and Supply of Alcohol Act 2012 for the sale and supply of alcohol during an event or series of events. |
| Temporary alcohol ban area | means an area described in a resolution made under this bylaw in which alcohol restrictions are temporarily in place in the public places within the area during the times, days or dates specified in the resolution. |
4. Permanent alcohol areas
- Permanent Alcohol Ban Areas are listed in Schedule 1. Schedule 1 describes the specific areas that are Permanent Alcohol Ban Areas and states the times, days or dates during which the alcohol restrictions apply to any public places in the Permanent Alcohol Ban Area.
- To avoid doubt, the Council can add, remove or alter any part of Schedule 1 in accordance with section 156 of the Act.
5. Temporary alcohol ban areas
- The Council may declare a Temporary Alcohol Ban Area by resolution. Any such resolution will describe the specific area that is a Temporary Alcohol Ban Area and the times, days or dates during which the alcohol restrictions apply to any public places in the area.
- Before the Council declares a Temporary Alcohol Ban Area, the Council will comply with the requirements of section 147B of the Act.
Explanatory note: A Temporary Alcohol Ban Area will only be put in place for a limited time. The duration will depend on the reasons for imposing the alcohol restrictions. In making a resolution under the bylaw, the Council must also apply section 147B and the decision-making provisions in part 6 of the Act, which set out the requirements for council decision-making. These include identifying all reasonably practicable options to achieve the objective, and considering the views and preferences of persons likely to be affected by, or to have an interest in, the decision.
6. Large-scale event alcohol ban areas
- The Chief Executive may nominate an event to be a Large-Scale Event, having taken into consideration:
- the nature of the event;
- the number of people expected to attend the event; and
- the history of the event (if any).
- When an event has been nominated as a Large-Scale Event, the Large-Scale Event Alcohol Ban Area applies in respect of that event during the specified times for that Alcohol Ban Area.
- The Large-Scale Event Alcohol Ban Areas are listed in Schedule 2. Schedule 2 describes the specific areas that are Large-Scale Event Alcohol Ban Areas and states the times during which the alcohol restrictions apply to any public places in the Large-Scale Event Alcohol Ban Areas.
- To avoid doubt, the Council can add, remove or alter any part of Schedule 2 in accordance with section 156 of the Act.
Explanatory note: A Large-Scale Event Alcohol Ban Area will only apply when the Chief Executive has designated an event to be a Large-Scale Event. The specific Alcohol Ban Area is set out in Schedule 2 as well as the time during which the Alcohol Ban Area applies. The area and time cannot be changed by the Chief Executive.
7. Restrictions in alcohol ban areas
- In Permanent or Temporary or Large-Scale Event Alcohol Ban Areas, subject to clause 8 of this bylaw and section 147(4) of the Act, no person may:
- consume alcohol in a public place; or
- consume alcohol in a vehicle in a public place; or
- bring alcohol into a public place, whether in a vehicle or not; or
- possess alcohol in a public place, whether in a vehicle or not.
Explanatory note: For exemptions in relation to unopened bottles or containers, see section 147(4) of the Act or the explanatory note to clause 8.
8. Exemptions to restrictions in alcohol ban areas
- The alcohol restrictions do not apply to areas or activities covered by a licence issued under the Sale and Supply of Alcohol Act 2012, including:
- any public place which is part of a licensed premises’ outdoor area, where permission to occupy that area has been granted by the Council; or
- the carrying of alcohol directly between one part of a licensed premises and another part of the same licensed premises across a public place that separates the parts of the licensed premises; or
- any public place that is subject to a special licence, for the term of that licence; or
- any vehicle in a public place to which a licence under the Sale and Supply of Alcohol Act 2012 applies; or
-
any event held in a public place at which alcohol is served under a section 38 endorsed licence under the Sale and Supply of Alcohol Act 2012.
Explanatory note: A number of exemptions for the transportation of unopened bottles or containers of alcohol through Alcohol Ban Areas are listed in section 147(4) of the Act, and are not restricted by this bylaw, including:
- commercial deliveries to licensed premises
- carrying alcohol bought from an off-licence (eg liquor store)
- carrying alcohol to or from BYO licensed premises
- carrying alcohol to or from private residences.
Some of these exemptions require the alcohol to be promptly removed from any public places covered by alcohol restrictions.
The Council may consider a dispensation under the Council’s General Bylaw so that the restrictions in an Alcohol Ban Area do not apply for the duration of an event. However, if there is a risk of alcohol-related harm occurring as a result of the restrictions not applying, the event must comply with the Council’s policy “Alcohol-related Harm at Public Events - Policy to Reduce”. The policy requires effective joint planning between Council staff, the Police and other groups to reduce alcohol-related harm and to care for any people affected by alcohol.
9. Police powers of search in large-scale event alcohol ban areas
- This bylaw authorises a member of the Police to exercise the power of search under section 169(2)(a) of the Act for the purposes of section 170(2) of the Act in areas to which a Large-Scale Event Alcohol Ban Area applies.
- Clause 9(1) only applies if the Chief Executive nominating the event to be a Large–Scale Event provides that clause 9(1) of this bylaw will apply.
Explanatory note: This power allows a member of the Police to search a container (eg a bag) or a vehicle immediately and without notice in a Large-Scale Event Alcohol Ban Area, provided the Council has complied with section 170 of the Act by giving 14 days public notice and displaying signs in conspicuous places on or adjacent to the Large-Scale Event Alcohol Ban Area.
The Police have powers of search in all Permanent and Temporary Alcohol Ban Areas, as indicated in sections 169 and 170 of the Act.
When using the search powers, the Police must comply with certain conditions. However, if the power in clause 9 of this bylaw is used, the Police can search immediately and without notice.
10. Signage in alcohol ban areas
- Where it is practicable or reasonable to do so, the Council will erect signage within Alcohol Ban Areas to provide information to the public about the restrictions. The size, location and content of the signage will be at the Council's discretion.
- To avoid any doubt, the absence of signage in any Alcohol Ban Area does not authorise a breach of this bylaw.
- This clause is subject to any regulations made under section 147C of the Act.
11. Offence and penalty
- Every person who breaches this bylaw commits an infringement offence under section 239A of the Act and may be served with an infringement notice under section 245 of the Act and be liable to pay an infringement fee.
Explanatory note: Any person in breach of the restrictions in place in an Alcohol Ban Area is subject to any action taken by the New Zealand Police in accordance with the powers given to the Police in the Act. These include the powers of search, seizure of alcohol, and arrest, and also the power to issue an infringement notice.
12. Christchurch City Council general bylaw
- The provisions of the Christchurch City Council General Bylaw 2008 and any bylaw passed in amendment or substitution are implied into and form part of this bylaw.
13. Revocation
- The Christchurch City Council Alcohol Restrictions in Public Places Bylaw 2009 is revoked.
