timely to consider liquor licensing requirements over
these days. In terms of liquor licensing, the relevant days
are Good Friday and Easter Sunday, which this year fall
on 3 and 5 April, and ANZAC day, as always 25 April. The
sale of alcohol is highly restricted on both Good Friday and
Easter Sunday and through to 1pm on ANZAC day.
the sale of alcohol by Hotels and Taverns on Good Friday,
Easter Sunday and before 1pm on ANZAC day as a general
rule. There are some exceptions to this general rule in
unique situations, for example around lodgers and hotel
employees, but these exceptions are restrictive. However
more relevant to most readers will be the wider exemption
which allows alcohol to be sold to people who are in the
premises for the purposes of dining, where the premises
holds a "restaurant" or "entertainment" designation. This
means that premises which are not a hotel or tavern,
and who hold the appropriate designations, may continue
to trade in the usual way where certain criteria are
met, assuming those premises are being operated as a
restaurant or entertainment venue.
Day and ANZAC day, a note on how this will affect employers
is appropriate. It is important that anyone who employees
staff over these days are aware of their obligations.
Readers will be aware that days are designated differently
for the purposes of employment law, when compared
to liquor licensing. For the purposes of employment
law Easter Sunday is not regarded as a public holiday
though Easter Monday is. (Good Friday and ANZAC day
are regarded as public holidays) Although the legislation
passed some time ago, this is the first year in which it will
have consequences for employer and employees alike, due
to ANZAC day this year falling on a Saturday. It is therefore
recognised as a holiday by most employees on the following
licensing obligations). Essentially while the dates are new,
observing pubic holidays on the following Monday, where
the actual day falls on the weekend has been around for
years. Employers have observed this for many years
around the Christmas season.
NZ, and that includes newly `Mondayised' holidays. In the
hospitality sector there are a number of employees on
more flexible arrangements, whether this be fixed term,
casual or temporary just because an employee is not
an a standard `traditional' full or part time employment
contract does not mean they are not entitled to the benefit
of public holidays (and the `Mondayisation' of days such as
ANZAC day) all employees are entitled to this benefit. The
standard requirements therefore apply employees who
would not normally work on a Saturday will observe the
public holiday on Monday 27 April instead. In summary, if
they are required to work on this day (and ordinarily would
do so) they are entitled to be paid at least time and a half for
the day worked and provided with a day in lieu, paid at the
employee's usual daily rate.
an alternative date, should this be provided for within your
Employment Agreement with staff. However there needs
to be provision for this with in your IEA's and agreement
with staff ought to be reached before taking this step.
substitute for advice tailored to specific circumstances.
Hospitality New Zealand provides practical employment advice
and resources to members on all aspects of employment law.
For more information about the Hospitality New Zealand's
employment resources and membership please speak with one
of our Regional Managers on 0800 500 503.