Alcohol

Alcohol bans


Overview

Alcohol bans are in certain areas of Auckland to:

  • encourage a safe and welcoming environment in public places
  • reduce the negative impact alcohol consumption has
  • provide the police with an appropriate tool for dealing with antisocial behaviour caused by drinking alcohol in public.


Current alcohol bans

We maintain a schedule of alcohol ban areas where it is unlawful to consume (or transport for the purposes of consuming) alcohol in public places.

Events-based alcohol bans

  • Auckland Domain, Christmas in the Park
  • Warkworth Kowhai Festival


Request for new alcohol ban area

Any request for a new alcohol ban area will need to be accompanied by evidence of alcohol related crime or disorder.

To request a new alcohol ban area, complete the Alcohol ban request form (PDF 115KB).


Temporary alcohol bans

Temporary alcohol bans are sometimes put in place for major events to ensure the event is a safe place for everyone to enjoy.

Notification of a temporary alcohol ban will be made clear on all event information before the event. There will also be signs at the event itself.


Rights and responsibilities in alcohol ban areas

Law as it stands now

Rights and responsibilities in an alcohol ban area

(Sections 147 of the Local Government Act 2002)

Auckland Council has prohibited the drinking of alcohol in a number of streets and parks.

In some places these controls are in force 24 hours a day, seven days a week; in others, they are only at night time or during daylight savings. The police enforce alcohol bans.

The only exception applies to sealed alcohol containers that remain sealed in the alcohol ban area:

  • if the alcohol is legally purchased, then transported through the alcohol ban area (e.g. for consumption at home or at a friend or relative’s residence who lives either in or next to the alcohol ban area)
  • if an alcohol store (either bottle shop or bar) is carrying out its normal operations (e.g. sales or stock deliveries). 

In both circumstances, the container must be sealed and the alcohol must be promptly removed from the alcohol ban area.

Police powers of arrest, search, and seizure

(Sections 169 to 245 of the Local Government Act 2002)

The police may search and seize, without a warrant, any container (e.g. bag, case, package, or parcel) a person is carrying in an alcohol ban area as well as any vehicle that is in, or entering, an alcohol ban area.

Police may arrest any person found to be committing an offence, this includes refusing to comply with the police to leave the alcohol ban area or to surrender any alcohol in their possession.

An infringement notice relating to a breach of an alcohol ban may only be served by a police constable.

Law changes

Instant fines

From 18 December 2013, breach of an alcohol ban will no longer be prosecuted through the courts. Instead, a police constable may issue an infringement notice (fine).

The fine may be issued:

  • instantly (without arrest)
  • following an arrest for breaching the alcohol ban 
  • by post, after the breach has occurred.

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