If you are an RSA do you know who you can serve on Anzac Day without a special licence?

In 2016 Parliament passed an amendment to the Sale and Supply of Alcohol Act 2012 being the Sale and Supply of Alcohol (ANZAC day trading hours for licensed RNZRSA clubs) Amendment Act 2016.

This amendment made RSAs exempt from the sacrosanct day trading rules however did not take into account non-RSA members purchasing alcohol on ANZAC day.

The holder of a club licence must ensure that no alcohol is sold or supplied to any unless that person is:

• an authorised customer; or
• if the licence is issued subject to a condition allowing alcohol to be sold or supplied to people of that kind,  or a person who is on the premises at the invitation of an authorised visitor who is also on the premises (s 60(1)).

An "authorised customer" is defined (s 60(3)) as a person:

• who is the member of the club concerned; or
• is on the premises at the invitation of, and is accompanied by, a member of the club concerned; or
• is an authorised visitor.

Authorised visitor means a member of some other club with which the club concerned has an arrangement for reciprocal visiting rights for members (s 60(3)).

The Alcohol Regulatory and Licensing Authority (ARLA) has confirmed (Napier RSA decision [2015] NZARLA PH 553-554) previous Authority decisions to the effect that a licensed club may not sell to members of the public without a special licence or unless the member of the public is a bona fide guest.

If a RSA wants to be able to open its doors to members of the public on Anzac Day (beyond guests invited by and supervised by members), they will still need a special licence. This is what has always been done in the past.

The MOJ have more information on their website here.

If you have any questions please contact your local Alcohol Licensing Inspector.