After almost a decade of legal battles, Auckland’s local alcohol policy has been adopted. On 29 August, at a meeting of the council’s governing body, Auckland's councillors unanimously voted for the policy to be in full effect by 9 December 2024.
Councillor Josephine Bartley is chair of the Regulatory and Safety Committee. She says this is a momentous day for communities across Tāmaki Makaurau, who have long been calling out to have their voices heard when it comes to regulating alcohol in their neighbourhoods.
“We’ve been fighting for this on behalf of our communities for almost ten years. The reason local alcohol policies were brought in was to allow local people to have a say over where and when alcohol is available in their area,” she says.
“When we consulted people on the policy, we heard from communities and businesses. They told us that we didn’t need more off-licences, and the hours that shops can sell alcohol should be reduced. That’s what we’ve now been able to achieve.”
What will change under the policy, and when?
The policy will come into effect in two stages. As of 16 September 2024, stricter rules for new off-licences opening in the central city and 23 other suburbs come into force.
These rules meant that, from 16 September, any application to open an off-licence in these areas is likely to be declined for the next two years, unless a very high threshold is met.
Changes to maximum trading hours will come in three months later, on 9 December 2024. From this date:
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bottle shops and supermarkets across Tāmaki Makaurau Auckland will not be able to sell alcohol after 9pm.
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bars, restaurants and other on-licences permitted by the District Licensing Committee will be able to sell alcohol until no later than 4am in the central city, and 3am outside of the central city.
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sports clubs and RSAs permitted by the District Licensing Committee will be able to sell alcohol until 1am.
The policy will not impact special licences for festivals and events. These will continue to be assessed by the District Licensing Committee, as they are now.
Will it make a difference?
Auckland’s communities certainly think changing access to alcohol will be beneficial to health, safety and wellbeing across the region. This is backed up by Auckland Council’s partner regulatory agencies for alcohol.
Health New Zealand Te Whatu Ora Medical Officer of Health, Dr June Leung, says limiting the number of alcohol outlets and the hours they can trade is shown to reduce alcohol harm, such as injuries, violence and car crashes.
“Alcohol is responsible for more than 900 deaths and 29,000 hospitalisations each year in Aotearoa New Zealand. The high availability of alcohol in our neighbourhoods contributes to these harms. The local alcohol policy is a major step forward in addressing the availability of alcohol as well as community concerns over alcohol harm in Tāmaki Makaurau.
“Public health has long supported stronger controls on alcohol availability, and we commend Auckland Council for persisting with the local alcohol policy,” she says.
In June 2024, the Police estimated alcohol harm costs the country a significant amount each year. Superintendent Scott Gemmell is Director of Tāmaki Makaurau Partnerships for the Police. He says Auckland’s local alcohol policy is a step forward in reducing the harms caused by irresponsible drinking.
“We respond to incidents where alcohol is a key factor every day. In fact, 1 in 5 victimisations are fuelled by alcohol – it’s not insignificant.
“We want people to feel safe and will continue to work with our partners to prevent and address alcohol-related crimes. This policy will help with our work to prevent alcohol-harms - it’s a step in the right direction,” he says.
Why has it taken so long to get the policy across the line?
“What started as a standard policy consultation and submissions process soon turned into a legal battle between the council and supermarkets, that ended up lasting for 8 years,” says Councillor Josephine Bartley.
"During this time, the appeals made by supermarkets took the policy through the Court of Appeal to the High Court and, eventually, all the way to the Supreme Court. The key issues for the supermarkets were around maximum trading hours. This resulted in amendments to the policy, including changes to the proposed alcohol trading hours. Through the amendment, the start time for sales of alcohol was pushed forward by two hours, to 7am instead of 9am – the time the council had initially recommended," she says.
The council fought on behalf of its communities to get the policy across the line for almost a decade. In 2023, the Supreme Court dismissed the supermarkets’ appeals, awarding costs to the council. Andrew Galloway is Executive Director at Alcohol Healthwatch and has been following the policy’s story closely for a number of years.
“The litigation by Aotearoa New Zealand’s major alcohol industry interests exhausted every legal avenue available, including to the Supreme Court, with a decision released in May 2023. That decision provided a road map for resolving the remaining appeals,” he says.
After the Supreme Court decision, the remaining appeals were dismissed or withdrawn. The policy was approved by the Alcohol and Regulatory Licensing Authority at the start of this month (August 2024), before going to the council’s governing body today (29 August 2024) to get the final seal of approval from Auckland’s councillors.
Do you sell alcohol?
Make sure you’re ready for the local alcohol policy. Licence holders will receive regular information by email over the next few months.
If the local alcohol policy impacts your business, or a current application to open a new off-licence, the licensing team will be in touch to discuss your options.
Visit the Auckland Council website for more information on the local alcohol policy.
