Part 4: Alcohol Control

Contents

1. Purpose
2. Interpretation
3. Alcohol Ban
4. Signage
5. Council Permission
6. Offences
7. Enforcement
Alcohol Ban Area Map  (50KB PDF)

1. Purpose

The purpose of this part of the bylaw is to control the consumption or possession of alcohol in public places to reduce alcohol-related harm.

2. Interpretation

2.1 In this part of the bylaw, unless the context otherwise requires:

Alcohol has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

Alcohol Ban Area means that area including the Wellington Central Area, Oriental Bay, Mt Victoria Lookout, Mt Victoria, Aro Valley, Central Park, Mt Cook and Newtown as shown in the Alcohol Ban Area map attached as Schedule A.

Public place has the meaning given by section 147 of the Local Government Act 2002

Note:
as at 13 December 2018 the definition of a public place in section 147 of the Local Government Act 2002 is:

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 of eject any person from it; but does not include licenced premises. 

Most areas where an encroachment licence has been granted will not be “public places” within this definition and will therefore not be subject to this part of the bylaw. A case-by-case assessment will be made.

3. Alcohol ban

3.1 Every person is prohibited from consuming, bringing into, or possessing alcohol in any public place (including in a vehicle), in the Alcohol Ban Area.  This prohibition is effective at all times.

Note:
The exceptions listed in section 147(4) of the Local Government Act 2002 apply.  These provisions provide certain exceptions for the transport of alcohol in an unopened container and exempt licensed premises from the bylaw.

4. Signage

4.1 The Council may erect signage within public places covered by this bylaw to provide information to the public on the terms of the bylaw. The size, location and terms of this signage shall be at Council's discretion. To avoid any doubt, the absence of signage in any public place does not authorise breach of this part of the bylaw.

5. Council Permission

5.1 Any person may apply to the Council for permission for any activity that would otherwise be in breach of a prohibition under clause 3.

5.2  Any application under clause 5.1 must be made in writing using an application form approved by the Chief Executive of the Council and must be lodged with the Council no later than 10 working days before the date on which the activity is to occur. Fees may be prescribed by resolution for processing these permissions.

6. Offences

6.1 Every person commits an offence who:

  1. consumes or possesses any alcohol in, or brings alcohol into, a public place in breach of a prohibition under clause 3; or
  2. breaches, or permits a breach of, the terms of any Council permission granted pursuant to clause 5.

Note:
As at 13 December 2018, the penalty for breaching an alcohol ban is an infringement fee of $250 under the Local Government (Alcohol Ban Breaches) Regulations 2013.

7. Enforcement

7.1 In addition to all the general powers granted under the Local Government Act 2002, this part of the bylaw specifically authorises any member of the New Zealand Police to exercise the power under section 170(2) of the Local Government Act (to search a container or vehicle immediately and without further notice) on specified dates or in relation to specified events notified in accordance with section 170(3) of that Act.

  1. consumes or possesses any alcohol in, or brings alcohol into, a public place in breach of a prohibition under clause 3; or
  2. breaches, or permits a breach of, the terms of any Council permission granted pursuant to clause 5.

Note:
As at 13 December 2018, the penalty for breaching an alcohol ban is an infringement fee of $250 under the Local Government (Alcohol Ban Breaches) Regulations 2013.

Schedule A: Alcohol Ban Area

Effective from 13 December 2018