Easter trading: “present on the premises to dine” restriction ditched for on-licences
Yesterday afternoon, Parliament passed the Sale and Supply of Alcohol (Sales on Anzac Day Morning, Good Friday, Easter Sunday, and Christmas Day) Amendment Bill. As at the time of writing, the Bill has not yet received Royal Assent from the Governor-General, but that assent is expected later today. This Bill will come into force the day after receiving Royal assent, i.e. tomorrow (Good Friday).
This post only addresses impacts for Easter trading given it is Good Friday tomorrow.
The key amendment is for on-licensed premises – the Bill repeals section 47 of the Sale and Supply of Alcohol Act 2012. That means that licensed premises which hold an on-licence – for example hotels, restaurants, taverns, bars and cafes – will be able to sell and supply alcohol on the premises for consumption on the premises on Good Friday and Easter Sunday, without the requirement for persons to be present on the premises to dine. The written condition on existing licences stating the restriction will consequentially fall away.
The Sale and Supply of Alcohol Act 2012 never defined what “present on the premises to dine” meant, despite attempting to define who a “diner” was, leaving a grey area to be filled in by the Alcohol Regulatory and Licensing Authority, and the courts. The subjective definition which only related to the time of eating and artificial distinctions around what a “substantial” meal created uncertainty and a lack for clarity for on-licensed premises. It also led to difficult conversations by licensees and staff with travellers and visitors who were visiting licensed premises on those days, simply wishing to purchase a beverage for consumption in a safe on-licensed premises. There were a number of prosecutions over the years relating to the sizes of meals and portions, and sense of unease and worry that would come around each Easter. This restriction was in place despite the other many key requirements in the Act allowing the same licensees to sell and supply alcohol safely and responsibly without the requirement for a substantial meal on every other day of the year.
There are no changes for off-licences, which cannot sell alcohol on Good Friday or Easter Sunday (or Anzac Day morning and Christmas Day).
The amendment is a discrete and practical change which will remove uncertainty and the ever-present risk of prosecution for on-licensed premises. The reality under the Sale and Supply of Alcohol Act 2012 is that food must be available at all times to patrons of on-licensed premises (section 53), and responsible licensees will and should continue to act as responsible hosts in promoting the sale of food, together with low and other non-alcoholic beverages (section 51 and 52), on their premises. Intoxication, excessive consumption, or any other irresponsible behaviour on on-licensed premises will continue to be unacceptable, and licensees liable for that – which is absolutely the right focus.
So, the message for on-licences is to make sure food continues to be available and promoted on Good Friday and Easter Sunday, but don’t get tangled up in whether or not food ordered by your patrons is substantial or not or set your stopwatches by when they walk in the door. Instead, be gracious and welcoming hosts spotlighting your amazing food offerings, chat about the holiday weekend, monitor consumption and any levels of influence, and act in accordance with your obligations to sell and supply alcohol safely and responsibly.
Special thanks to Partner Nick Laing for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.