Bill to ease restrictions on Good Friday, Easter Sunday alcohol sales passes final reading

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Source: Radio New Zealand

Alcohol sale restrictions could be gone by long weekend. RNZ

Legislation to ease alcohol restrictions on public holidays has passed in its third and final reading at Parliament – and could be passed into law in time for this Easter weekend.

It is possible it may receive royal assent on Thursday, meaning some restrictions on Good Friday and Easter Sunday alcohol sales could be gone as soon as this long weekend.

The member’s bill from Labour MP Kieran McAnulty amends the Sale and Supply of Alcohol Act to allow premises that are already open on Good Friday, Easter Sunday, Anzac Day morning and Christmas Day to sell alcohol under normal licence conditions.

Currently, bars or restaurants can only sell alcohol if the patron is “residing or lodging” on the premises, or “present on the premises to dine”.

McAnulty said the legislation would clear up a “confusing law” that had been in place for a long time.

“Just because something’s always been that way doesn’t mean that that’s a good reason to keep it,” he said.

The general requirement is that patrons have to order a ‘substantial meal’, but McAnulty said that was not defined, and patrons were not required to eat it anyway.

“That is a bit of a farce of a situation. So all we’re doing is clearing it up that those businesses that are already able to operate anyway can do so under normal conditions, and those that can’t like off-licences and supermarkets, they remain restricted, but for those on-licences that are already operating, they can do so normally.”

Kieran McAnulty RNZ / Angus Dreaver

McAnulty said the timing was a “sticking point,” but as some government bills were scheduled to receive royal assent on Thursday he was hopeful his could be included alongside those.

“It’s quite fortuitous timing, I think, the way that it’s played out. And really, we’re at the mercy and availability of Her Excellency, and I’m not of a mind to flick a text to the governor-general and ask for a solid, so I’m quite happy with the way that it’s played out, and hopefully it does follow through.”

Parliament treats alcohol legislation as a conscience matter, meaning MPs vote according to their personal view or what they think is best for their electorate or community, rather than as a party bloc.

McAnulty’s original intent was to allow any premises that was allowed to operate on those public holidays to sell alcohol, which would have included supermarkets but not bottle shops.

But he said it was changed to keep things simple, and only apply it to on-licence venues.

“It’s proven to be the right decision, because we’ve maintained enough support in Parliament,” he said.

“I know that if we’d stuck with off-licences or supermarkets, there are people that would have withdrawn their support, and it probably wouldn’t have passed.”

An amendment proposed by ACT MP Cameron Luxton has been adopted into the bill.

ACT MP Cameron Luxton. VNP / Phil Smith

Luxton’s amendment means bars can open after midnight on Anzac and Easter holidays.

The ACT MP was hopeful it would be in place in time for the Super Round at Christchurch’s new stadium, which will see 10 Super Rugby teams play over the weekend of 24 to 26 April.

Luxton said it would mean punters coming to enjoy the new stadium were not kicked out at midnight for Anzac Day.

“It’s a huge opening that Christchurch is going to be able to make a great deal out of.”

He said it would change the “you don’t have to go home, but you can’t stay here” regime currently in place.

“Who knows what’s happening on the streets after that? This bill will enable licensed premises with safety procedures and alcohol policies in place to continue giving people the entertainment, the nightlife that they would like in a responsible and safe way.”

McAnulty said Luxton’s amendment was consistent with the intention of the bill, and he was happy to support it.

“I know that the hospitality businesses in Christchurch are very happy about that, because when their stadium opens and people leave, they won’t have to then be kicked out of the hospitality businesses at midnight because it’s Anzac Day the following day.”

McAnulty, a Catholic, was less concerned with religious opposition to the bill, but understood why people might be opposed on health grounds.

“It’s a valid concern, but because the bill only targets those on-licensed premises that are already able to operate, it’s actually not going to expand the number of premises that can provide alcohol. It just means they don’t have to jump through these ridiculous hoops in order to be able to do it.”

This is not the only piece of legislation that would liberalise alcohol trading laws to pass through Parliament this term.

The government is working through its own piece of legislation to allow restaurants with on-site retail spaces to sell take-home alcoholic beverages, if they also sell takeaway food or non-alcoholic beverages prepared by the business.

Luxton’s own member’s bill to repeal alcohol restrictions on Good Friday and Easter Sunday was voted down at first reading in 2024. That bill would have repealed Good Friday and Easter Sunday as restricted trading days altogether.

Luxton said McAnulty’s bill was “dealing with an element” of what his bill had set out to do.

Another bill by National’s Stuart Smith to allow winery cellar doors to charge visitors for samples and add off-licence categories for wineries holding an on-licence passed successfully through the House in 2024.

Mike Egan. RNZ / Max Towle

Law a ‘fly in the ointment’

Mike Egan, president of the Restaurant Association and co-owner of restaurant Monsoon Poon, said the present law was a “relic from the 1800s” and a “fly in the ointment” for businesses like his.

“The rule is you’re meant to partake in a substantial meal in a pub over Easter on the Friday, and tourists are sort of like, ‘Oh, we’ve eaten, we just all come here for a nightcap,’ or, ‘We just want to have a snack, and you know, we’re wandering around town trying different restaurants and cafes’, and it’s like, ‘No, I’m really sorry, you need to have another meal…’

“People will order a whole meal and not even eat it because the law doesn’t say they actually have to eat it, they just have to have it sitting there in front of them. It’s just a little bit old-fashioned.”

He said the law change would not result in “all this debauchery on Good Friday”.

“[Customers] just want to have a beer in the afternoon after they’ve had a bike ride down the vineyards, you know? So it’s very sort of frustrating trying to police this legislation.”

He said staff would no longer have to act as police officers, checking how much food each customer had ordered if the bill was passed.

“It’ll just make it sort of easier and it’ll just flow like a regular weekend. It will boost business [and] take away a lot of confusion.”

Families struggling with alcohol harm would be worse off – public health adviser

Senior health promotion adviser at Alcohol HealthWatch, Sarah Sneyd, told Checkpoint, she understood people may see it as a small change but it was one that would ever so slightly make access to alcohol easier.

“We have some data from police and emergency departments that show there are fewer alcohol related assaults and ED presentations over the Easter break and that could very well be because it’s harder to access alcohol.”

Sneyd believed there would be real repercussions from changing the restrictions.

“I think it really speaks to a symptom of a deeper problem in our culture we can’t even go a couple of days without access to alcohol. Once again we make it easier to access alcohol on the couple of days where there are some restrictions around it.

“This is not what we hear communities want.”

Sneyd said New Zealand was “saturated” with alcohol and it was a problem with very few protections.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

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