Why does Hamilton have Liquor Bans? |
Hamilton City Council has adopted liquor bans to address community and Council concern for the harmful and negative effects associated with liquor consumption in public places.
Some of these negative effects include offensive behaviour, destruction of public and private property, drunkenness and violence. |
When will the Liquor Ban come into effect?
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The Hamilton City Public Places Liquor Control Bylaw 2010 came into effect on 1 September 2010.
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What is a Public Place? |
A public place is any area that is open to, or being used by the public and includes roads, service lanes, footpaths, pedestrian malls, public car parks, parks and reserves. |
Are there any exceptions to Liquor Ban?
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The liquor bans do not prevent people transporting liquor (unopened bottles, cans) to or from private premises and allows for:
- BYO patrons taking liquor to a restaurant
- Businesses to receive stock
- Residents and their visitors to transport liquor to and from their residences.
The Bylaw does not prohibit the possession or consumption of liquor in a public place for which a liquor license has been issued under the Sale of Liquor Act 1989 (this includes footpath areas that are part of licensed premises such as a bar or restaurant, and is clearly defined by the placement of tables and chairs outside those premises).
Council may grant dispensation (or a waiver) to allow liquor at special events held within a liquor ban area upon application to the Chief Executive of Hamilton City Council. These may be done by applying for a Special Licence.
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Where are Liquor Bans in place? |
A 24/7 liquor ban exists in the central city area and in parts of Te Rapa. These areas are outlined in maps in Schedule 1 of the Hamilton City Public Places Liquor Control Bylaw 2010.
In all other public places a liquor ban is in place between 10pm and 6am daily.
The liquor ban also applies to the possession and consumption of liquor in a vehicle within a specified public place. The Police have the power to search a vehicle that is in, or is entering a specific public place to ascertain if liquor is present. |
What happens if someone gets caught drinking in a Liquor Ban area?
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The Police have the power to search, seize or arrest if they suspect someone is breaking the bylaw. Section 169 and 170 of the Local Government Act 2002 sets out Police powers under this Bylaw.
If convicted the Court may impose a fine up to $500 under this Bylaw.
The Police do not require a warrant to conduct a search to ascertain whether liquor is present in a container or a vehicle. However prior to a search a person must be informed that they have the opportunity to promptly remove any liquor or a vehicle containing liquor from a public place.
See Clause 13 of the Hamilton City Public Places Liquor Control Bylaw for more powers of the Police. |
Contact
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Your local Police station to report drinking in liquor ban areas. |
