Such inducements are illegal under section 237 of the Sale and Supply of Alcohol Act 2012, which prohibits the irresponsible promotion of alcohol.
In its written decision, the authority said: “The posts contained promotions to be in to win a lawnmower (the November promotion) and a premium ham (the December promotion) with the purchase of specified types of alcohol in breach of s 237(1)(e) of the Act.”
The authority noted that SPS Hospitality Group Ltd, which holds the licence for the premises, did not contest the police application for suspension.
“The respondent does not dispute the grounds of the application and it does not oppose the suspension of the on-licence,” the decision read.
Inspector Ian Paulin, national manager of Alcohol Harm Prevention, said police filed that there had been an increase in breaches of this section being taken from around the motu to the ARLA following some informative case law from November 2023, where ARLA confirmed that promotions on social media or the internet were “outside” the licensed premises.
He clarified that Section 237 permits promotions inside the licensed premises.
“Promotions in this section mean discounting alcohol by more than 25%, or a ‘buy alcohol and go into the draw for a prize’ type of promotion,” he said.
While the breach was treated seriously, the authority accepted it was a first offence and opted for a relatively light penalty.
“We consider that a 48-hour suspension is appropriate for a first offence by this licensee for this offence,” it said.
The suspension will also be recorded as a “negative holding” under the act.
If the venue accrues three such holdings within a three-year period, it may face a licence cancellation hearing.
“This order is deemed to be a negative holding,” ARLA chairman Judge Robert Spear wrote.
“If the licence has not already been cancelled, three negative holdings incurred within a three-year period will result in an application to the authority for cancellation of the licence.”
The decision was released on July 22 with the suspension to take effect in early September.
Ben Tomsett is a multimedia journalist based in Dunedin. He joined the Herald in 2023.
