New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint
as at 10 September 2008
| Public Act | 1989 No 63 |
| Date of assent | 17 August 1989 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Justice
12 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
21 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
27 Annual returns [Repealed]
34 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
44 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
50 Annual returns [Repealed]
58 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
67 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
72 Annual returns [Repealed]
General provisions relating to Authority and Agencies
120 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
125 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
147 Effect of appeal against decision by Licensing Authority to grant licence or manager's certificate
149 [Repealed]
Unlicensed persons and unlicensed premises
Excessive consumption of alcohol
156 Exemptions in respect of restricted areas [Repealed]
Other offences on licensed premises
Disqualification and vacancies
Variation, amalgamation, and winding up
Special provisions relating to existing district and suburban trusts
Special provisions relating to other trusts
217 Application of sections 218 and 219 [Repealed]
218 Poll may be held on expansion proposal [Repealed]
Reconstitution of licensing trust as community trust
Status, name, region, and purpose of community trust
224 Certain licensees to file annual returns [Repealed]
An Act to reform the law relating to the sale of liquor to the public
BE IT ENACTED by the Parliament of New Zealand as follows:
(1) This Act may be cited as the Sale of Liquor Act 1989.
(2) This Act shall come into force on the 1st day of April 1990.
In this Act, unless the context otherwise requires,—
Airport bar means premises used or intended to be used in the course of business principally for the provision of liquor to air travellers, whether arriving at or departing from the airport
Armed Forces Canteen Council means the council constituted under that name by section 3 of the Armed Forces Canteens Act 1948
Bar, in relation to any hotel or tavern, includes any part of the hotel or tavern that is used principally or exclusively for the sale, supply, or consumption of liquor
Building code has the meaning ascribed to it by the Building Act 2004
Building code: this definition was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Building code: this definition was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “Building Act 2004”
for the words “Building Act 1991”
. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
Chartered club means any club—
(a) That, immediately before the commencement of this Act, held a charter granted under the Sale of Liquor Act 1962, the Licensing Act 1908, or any former Licensing Act; or
(b) That is a voluntary association of persons combined for promoting the common object of private social intercourse, convenience, and comfort and providing its own liquor, and not for the purposes of gain:
Club means—
(a) Any chartered club; or
(b) Any club that has as its object, or as one of its objects, participating in or promoting any sport or other recreational activity, otherwise than for gain; or
(c) Any other voluntary association of persons (whether incorporated or not) combined for any purpose other than gain:
community trust means—
(a) a community trust established under section 219G; or
(b) a community trust that is the amalgamation of 2 or more community trusts under section 219Z
community trust: this definition was inserted by section 4 Sale of Liquor Amendment Act 2004 (2004 No 21). See section 2(1) of that Act as to this amendment coming into force, as from 1 April 2005, so far as it relates to section 5 of that Act. See section 2(2) of that Act as to this insertion coming into force, as from 1 October 2004, so far as it relates to section 8 of that Act.
Conveyance means any ship, ferry, aircraft, hovercraft, train, coach, or other vehicle used for the transport of persons
Defence area has the same meaning as in section 2(1) of the Defence Act 1990
Defence area: the reference to “section 2(1) of the Defence Act 1990”
was substituted for a reference to “s 2(1) of the Defence Act 1971”
pursuant to section 105(2) Defence Act 1990 (1990 No 28).
Defence Council
[Repealed]
Defence Council: this definition was repealed, as from 1 April 2000, by section 2(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
District Licensing Agency, in relation to any district, means the local authority for that district constituted as the District Licensing Agency by section 99 of this Act
generally accepted accounting practice means—
(a) approved financial reporting standards (within the meaning of section 2(1) of the Financial Reporting Act 1993) so far as those standards apply to licensing trusts or community trusts (as the case may require); and
(b) in relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2(1) of the Financial Reporting Act 1993) and that are not subject to any applicable rule of law, accounting policies that—
(i) are appropriate to the licensing trust or community trust; and
(ii) have authoritative support within the accounting profession in New Zealand
generally accepted accounting practice: this definition was inserted by section 4 Sale of Liquor Amendment Act 2004 (2004 No 21). See section 2(1) of that Act as to this amendment coming into force, as from 1 April 2005, so far as it relates to section 5 of that Act. See section 2(2) of that Act as to this insertion coming into force, as from 1 October 2004, so far as it relates to section 8 of that Act.
Guardian, in relation to a person, means the person's guardian within the meaning of the Care of Children Act 2004
Guardian: this definition was inserted, as from 1 December 1999, by section 2(5) Sale of Liquor Amendment Act 1999 (1999 No 92).
Guardian: this definition was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “Care of Children Act 2004”
for the words “Guardianship Act 1968”
.
Hotel means any premises used or intended to be used in the course of business principally for the provision to the public of—
(a) Lodging; and
(b) Liquor, meals, and refreshments for consumption on the premises:
Inspector means an inspector appointed under this Act
Licence means a licence under this Act
Licensed premises means any premises, or any part of any premises, on which liquor may be sold pursuant to a licence; and includes any conveyance, or any part of any conveyance, in which liquor may be sold pursuant to a licence
Licensee means a person who holds a licence for the time being in force under this Act
Licensing Authority means the Liquor Licensing Authority constituted by section 85 of this Act
Licensing trust district means—
(a) A licensing trust district specified in Schedule 3 to this Act; and
(b) A licensing trust district constituted under section 185 of this Act:
Liquor means any fermented, distilled, or spirituous liquor (including spirits, wine, ale, beer, porter, honeymead, stout, cider, and perry) that is found on analysis to contain 1.15 percent or more alcohol by volume
Local authority means a territorial authority within the meaning of the Local Government Act 2002
Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Manager means a manager of licensed premises appointed under and for the purposes of this Act
Member means a member of a licensing trust
Minister means the Minister of the Crown who, under the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Minister: this definition was substituted, as from 1 October 1995, by section 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39).
Naval ship has the same meaning as in section 2(1) of the Defence Act 1990
Naval ship: the reference to “section 2(1) of the Defence Act 1990”
was substituted for a reference to “s 2(1) of the Defence Act 1971”
pursuant to section 105(2) Defence Act 1990 (1990 No 28).
New Zealand Fire Service means the fire service established under that name by section 3 of the Fire Service Act 1975
New Zealand Fire Service Commission means the commission constituted under that name by section 4 of the Fire Service Act 1975
No-licence district means a no-licence district to which Part 10 of the Sale of Liquor Act 1962 applied immediately before the commencement of this Act
Objector means a person who has filed an objection under this Act
Penal institution
[Repealed]
Penal institution: this definition was repealed, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Permanent club charter means a charter granted under section 260(3) of the Licensing Act 1908 or any former Licensing Act and in force immediately before the commencement of this Act
pharmacist means a health practitioner who is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy.
pharmacist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Principal entrance, in relation to any licensed premises, means any entrance to the premises so designated by the Licensing Authority
prison has the same meaning as in section 3(1) of the Corrections Act 2004.
prison: this definition was inserted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Prohibited persons, in relation to any licence, means—
(a) Persons who are under the age of 18 years; and
(b) Persons to whom liquor may not be sold pursuant to the licence; and
(c) Persons who are intoxicated:
Prohibited Persons: paragraph (a) of this definition was amended, as from 1 December 1999, by section 2(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the expression “18”
for the expression “20”
.
Public notice means a notice published twice in a newspaper or newspapers nominated for the purpose of any application or other matter under this Act (whether generally or in any particular case) by the Secretary of the District Licensing Agency, being a newspaper or newspapers circulating in the locality to which the act, matter, or thing required to be publicly notified relates or refers, or in which it arises, with an interval of not less than 5 nor more than 10 days between each notification
public notice,—
(a) for the purposes of this Act, other than Part 9A, means a notice published twice in a newspaper or newspapers—
(i) nominated for the purpose of any application or other matter under this Act (whether generally or in any particular case) by the Secretary of the District Licensing Agency; and
(ii) circulating in the locality to which the act, matter, or thing required to be publicly notified relates or refers, or in which it arises; and
(iii) with an interval of not less than 5 nor more than 10 days between each notification:
(b) for the purposes of Part 9A, means a notice published twice in a newspaper or newspapers—
(i) circulating in the district of the licensing trust concerned or the region of the community trust concerned (as the case may be); and
(ii) with an interval of not less than 5 nor more than 10 days between each notification
public notice: the second definition of this term was inserted by section 4 Sale of Liquor Amendment Act 2004 (2004 No 21). See section 2(1) of that Act as to this amendment coming into force, as from 1 April 2005, so far as it relates to section 5 of that Act. See section 2(2) of that Act as to this insertion coming into force, as from 1 October 2004, so far as it relates to section 8 of that Act.
Restaurant means any premises in which meals are regularly supplied on sale to the public for consumption on the premises
Restricted area, in relation to any licensed premises, means any part of those premises so designated by the Licensing Authority or the District Licensing Agency to which persons who are under the age of 18 years shall not be admitted
Restricted area: this definition was amended, as from 1 December 1999, by section 2(3) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the expression “18”
for the expression “20”
.
Secretary means the Secretary of the Licensing Authority or (as the case may require) the Secretary of a District Licensing Agency
Sports club means any club that has as its object, or as one of its objects, participating in or promoting any sport or other recreational activity, otherwise than for gain
Supervised area, in relation to any licensed premises, means any part of those premises so designated by the Licensing Authority or the District Licensing Agency to which a person under the age of 18 years may not be admitted unless accompanied by the person's parent or guardian
Supervised area: this definition was substituted, as from 1 December 1999, by section 2(4) Sale of Liquor Amendment Act 1999 (1999 No 92).
Tavern means any premises used or intended to be used in the course of business principally for the provision to the public of liquor and other refreshments; but does not include an airport bar
Temporary authority means a temporary authority order granted and in force under this Act
Tourist-house means a hotel in which liquor is sold to members of the public only if they are lodging on the premises, or are on the premises for the purpose of having a meal
Working day means any day except—
(a) A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's Birthday, and Waitangi Day; and
(b) A day in the period commencing with the 20th day of December in any year and ending with the 15th day of January in the following year.
Compare: 1962 No 139 ss 2, 162; 1969 No 130 s 19; 1970 No 35 s 2(2); 1974 No 13 s 2; 1976 No 167 s 18; 1979 No 59 s 8(3); 1980 No 168 s 9(1); 1981 No 125 s 33; 1982 No 113 s 5
(1) For the purposes of this Act, the term evidence of age document means a document specified in subsection (2) that—
(a) Contains a photograph of the person to whom the document is issued; and
(b) Contains information that enables the age of the person to be determined.
(2) For the purposes of subsection (1), a document is—
(a) A New Zealand passport; or
(b) An overseas passport; or
(c) A driver licence issued under the Land Transport Act 1998; or
(d) A document in the prescribed form issued by a specified person, organisation, body corporate, Government department, Crown agency, or statutory board.
(3) For the purposes of subsection (2),—
(a) The term prescribed means prescribed by the Minister by notice in the Gazette:
(b) The term specified means specified by the Minister by notice in the Gazette.
Section 2A was inserted, as from 1 September 1999, by section 3 Sale of Liquor Amendment Act 1999 (1999 No 92).
This Act binds the Crown.
(1) The object of this Act is to establish a reasonable system of control over the sale and supply of liquor to the public with the aim of contributing to the reduction of liquor abuse, so far as that can be achieved by legislative means.
(2) The Licensing Authority, every District Licensing Agency, and any Court hearing any appeal against any decision of the Licensing Authority, shall exercise its jurisdiction, powers, and discretions under this Act in the manner that is most likely to promote the object of this Act.
(1) Except as expressly provided in this Act or in any other enactment, this Act applies to the sale of liquor to the public.
(2) Nothing in this Act applies to the sale or supply of liquor by any person in the course of that person's business as a maker, importer, distributor, or wholesaler of any liquor to—
(a) Any person who is also in business as a maker, importer, distributor, or wholesaler of any liquor; or
(b) The holder of any licence; or
(c) The holder of any permanent club charter.
(3) Nothing in this Act applies to—
(a) Any person who supplies, keeps for sale, or sells any spirituous or distilled perfume in good faith as perfumery; or
(b) a pharmacist who supplies, keeps for sale, or sells any liquor exclusively for medicinal purposes; or
(c) a person who supplies, keeps for sale, or sells exclusively to pharmacists any liquor for the purposes of paragraph (b); or
(d) Any person who supplies, keeps for sale, or sells any liquor at the House of Representatives by the permission and under the control of the House of Representatives; or
(e) Any person who, in any Police canteen established with the authority of the Minister of Police, supplies, keeps for sale, or sells any liquor:
(f) Any person who, in any canteen established for officers of a prison with the authority of the Minister of the Crown who is responsible for the Department of Corrections, supplies, keeps for sale, or sells any liquor:
(g) Any person who, in any canteen established with the authority of the New Zealand Fire Service Commission, supplies, keeps for sale, or sells any liquor:
(h) Any person who, in any canteen or mess, or in any other place in a naval ship or defence area, where the consumption and possession of liquor is authorised by or under the Defence Act 1990 or by or under the Chief of Defence Force, supplies, keeps for sale, or sells any liquor:
(i) Any person who supplies, keeps for sale, or sells any liquor at or from any amenity set up and conducted by the Armed Forces Canteen Council.
Compare: 1962 No 139 s 3; 1968 No 40 s 2(2); 1971 No 52 s 56; 1971 No 77 s 2; 1976 No 53 s 63; 1980 No 168 s 63
Subsection (3)(b) and (c) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Subsection (3)(f) was amended, as from 1 October 1995, by section 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Minister of the Crown who is responsible for the Department of Corrections”
for the words “Minister of Justice”
.
Subsection (3)(f) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “prison”
for the words “penal institution”
. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (3)(g) was amended, as from 1 April 2000, by section 4 Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “for any members of the New Zealand Fire Service”
.
Subsection (3)(h) was amended, as from 1 April 1990, by section 105(1) Defence Act 1990 (1990 No 28) by substituting the words “Chief of Defence Force”
for the words “Defence Council”
.
Reference to the Defence Act 1990 (1990 No 28) has been substituted, as from 1 April 1990, for a reference to the repealed Defence Act 1971 (1971 No 52).
Nothing in this Act applies to an individual who—
(a) Occupies premises that are used exclusively or principally as the home or residence of the individual or the individual and his or her family; and
(b) For reward, permits guests to stay, from time to time, on the premises or other premises nearby; and
(c) In the course of or incidental to the stay of not more than 10 guests, sells or supplies liquor to some or all of them.
Section 5A was inserted, as from 1 December 1999, by section 5 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) The sale of liquor to the public or any member of the public requires a licence.
(2) The following kinds of licence may be granted under this Act:
(a) On-licences (Part 1 of this Act):
(b) Off-licences (Part 2 of this Act):
(c) Club licences (Part 3 of this Act):
(d) Special licences (Part 4 of this Act).
(3) Nothing in this Act shall prevent the issue of 2 or more licences of different kinds in respect of the same premises.
An on-licence authorises the holder of the licence—
(a) To sell and supply liquor, to any person present on the premises or conveyance described in the licence, for consumption on the premises or conveyance; and
(b) To allow the consumption of liquor on the premises or conveyance described in the licence.
Section 7 was substituted, as from 1 April 2000, by section 6 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) An on-licence may be held by—
(a) Any person who has attained the age of 20 years; or
(b) Any company within the meaning of the Companies Act 1993 that is not prevented by a restriction in its constitution from selling liquor or from holding a licence under this Act; or
(ba) Any body corporate (whether incorporated in or outside New Zealand) that is authorised to sell liquor or hold a licence under this Act or under any previous enactment relating to the sale of liquor; or
(bb) Any board, organisation, or other body that is authorised by another Act to sell liquor or hold an on-licence under this Act; or
(c) Any licensing trust; or
(d) Any partnership comprising any persons, companies, or trusts referred to in paragraphs (a) to (c) of this subsection; or
(e) Any Government department or other instrument of the Crown; or
(f) Any local authority, whether or not expressly authorised by any other enactment to hold an on-licence under this Act; or
(g) Any trustee within the meaning of the Trustee Act 1956; or
(h) Any manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988, if the order authorises the manager to hold such a licence.
(2) An on-licence may not be held by a club.
The original subsection (1)(b) was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by inserting the words “or the Companies Act 1993, as the case may be,”
.
Subsection (1)(b) was substituted, subsections (1)(ba) and (1)(bb) were inserted, as from 1 April 2000, by section 7(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (1)(f) was amended, as from 1 April 2000, by section 7(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting the words “, whether or not”
.
(1) Every application for an on-licence shall—
(a) Be made in the name of the person who will hold the licence if the application is granted; and
(b) Be made in the prescribed form and manner; and
(c) Contain the prescribed particulars; and
(d) Be accompanied by the prescribed fee; and
(e) Where the application relates to any premises, be accompanied by a certificate by the local authority that the proposed use of the premises meets requirements of the Resource Management Act 1991 and of the building code.
(2) An application in respect of any premises shall be filed with the District Licensing Agency for the district in which the premises are situated.
(3) An application in respect of any conveyance shall be filed with the District Licensing Agency for the district in which the applicant's principal place of business in New Zealand is situated.
(4) Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
(5) Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
(6) The applicant is not required to ensure that notice of the application is attached in accordance with subsection (5), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
Subsection (1)(e) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the words “requirements of the Resource Management Act 1991 and of the building code”
for the words “town planning requirements”
.
Subsections (5) and (6) were inserted, as from 1 April 2000, by section 8 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Any person who has a greater interest in the application than the public generally may object to the grant of an on-licence.
(2) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the public notice of the making of the application.
(3) No objection may be made in relation to any matter other than one specified in section 13(1) of this Act.
(4) In any case where—
(a) The application relates to any premises or conveyance in respect of which an on-licence is presently in force; and
(b) The applicant seeks the same conditions as those presently applying to that licence,—
an objection may be made only in relation to the suitability of the applicant.
(5) The Secretary shall send a copy of every objection to the applicant.
Subsection (1) was amended, as from 1 April 2000, by section 9(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (2) was amended, as from 1 April 2000, by section 9(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting the word “public”
.
(1) On receiving an application for an on-licence, the Secretary must send a copy of it, and of each document filed with it, to—
(a) The member of the Police in charge of the police station nearest to—
(i) The premises in respect of which the licence is sought; or
(ii) The Secretary's office, where the licence is sought in respect of a conveyance; and
(b) An inspector; and
(c) Where the licence is sought in respect of any premises, the Medical Officer of Health in whose district the premises are situated.
(2) The inspector must inquire into and file with the District Licensing Agency a report on the application.
(3) The Police and the Medical Officer of Health must each inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
(4) The District Licensing Agency may assume that, if no report is received from the Police or Medical Officer of Health within 20 working days after sending the application to them, the Police and the Medical Officer of Health have no matters in opposition to the application.
(5) The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
Subsection (1)(c) of the original section 11 was originally repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsection (2) of the original section 11 was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “the member of the fire service,”
.
Section 11 was substituted, as from 1 April 2000, by section 10 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) A District Licensing Agency must decide whether to grant an application for an on-licence in accordance with this Act, if—
(a) No objection has been filed under section 10; and
(b) No reports containing matters in opposition have been filed with the District Licensing Agency under section 11.
(2) In any other case, the District Licensing Agency must forward the complete file relating to the application to the Secretary of the Licensing Authority, and the Licensing Authority must determine the application in accordance with this Act.
(3) For the purposes of this section, the complete file means—
(a) The application and any papers filed in support of the application; and
(b) A copy of the public notice of the application, and a statement of the dates of publication of the notice; and
(c) Any objection, and any papers filed in support of any objection; and
(d) Any reports made under section 11; and
(e) the certificate referred to in section 9(1)(e).
Section 12 was substituted, as from 1 April 2000, by section 11 Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3)(d) was amended, as from 6 April 2004, by section 10 Sale of Liquor Amendment Act 2004 (2004 No 21) by inserting the expression “; and”
.
Subsection (3)(e) was inserted, as from 6 April 2004, by section 10 Sale of Liquor Amendment Act 2004 (2004 No 21).
(1) In considering any application for an on-licence, the Licensing Authority or District Licensing Agency, as the case may be, must have regard to the following matters:
(a) The suitability of the applicant:
(b) The days on which and the hours during which the applicant proposes to sell liquor:
(c) The areas of the premises or conveyance, if any, that the applicant proposes should be designated as restricted areas or supervised areas:
(d) The steps proposed to be taken by the applicant to ensure that the requirements of this Act in relation to the sale of liquor to prohibited persons are observed:
(e) The applicant's proposals relating to—
(i) The sale and supply of non-alcoholic refreshments and food; and
(ii) The sale and supply of low-alcohol beverages; and
(iii) The provision of assistance with or information about alternative forms of transport from the licensed premises:
(f) Whether the applicant is engaged, or proposes to engage, in—
(i) The sale or supply of any other goods besides liquor and food; or
(ii) The provision of any services other than those directly related to the sale or supply of liquor and food,—
and, if so, the nature of those goods or services:
(g) Any matters dealt with in any report made under section 11 of this Act.
(2) The Licensing Authority or District Licensing Agency, as the case may be, must not take into account any prejudicial effect that the grant of the licence may have on the business conducted pursuant to any other licence.
Subsection (1) was amended, as from 1 April 2000, by section 12(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the words “Licensing Authority or District Licensing Agency, as the case may be, must”
for the words “Licensing Authority shall”
.
Subsection (1)(e) was substituted, as from 1 April 2000, by section 12(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (2) was amended, as from 1 April 2000, by section 12(3) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the words “Licensing Authority or District Licensing Agency, as the case may be, must”
for the words “Licensing Authority shall”
.
(1) It shall be a condition of every on-licence that the licensee has available for consumption on the premises or conveyance a reasonable range of non-alcoholic refreshments.
(2) It is a condition of every on-licence granted in respect of a hotel or tavern that no liquor is to be sold or supplied on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac Day to any person other than—
(a) Any person who is for the time being living on the premises, whether as a lodger or an employee of the holder, or otherwise; or
(b) Any person who is present on the premises for the purpose of dining.
(3) Nothing in subsection (2) of this section shall affect the sale or supply of liquor pursuant to and in accordance with any special licence granted in respect of the hotel or tavern.
(4) On granting an application for an on-licence in respect of a hotel or a tavern, the Licensing Authority or District Licensing Agency, as the case may be, must designate the whole or 1 or more parts of the premises as restricted areas or supervised areas.
(5) On granting an application for an on-licence, the Licensing Authority or District Licensing Agency, as the case may be, may impose conditions relating to the following matters:
(a) The days on which and the hours during which liquor may be sold:
(b) The provision of food for consumption on the premises or conveyance:
(c) The sale and supply of low-alcohol beverages:
(d) The provision of assistance with or information about alternative forms of transport from the licensed premises:
(e) Any other matter aimed at promoting the responsible consumption of liquor:
(f) The steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed:
(g) The designation of the whole or any part or parts of the premises or conveyance as a restricted area or supervised area:
(h) The persons or types of persons to whom liquor may be sold or supplied.
(6) Different conditions may be imposed under subsection (5)(a) in respect of different parts of the premises or conveyance.
(7) In determining whether to impose conditions under subsection (5)(a) and, if so, what conditions, the Licensing Authority or District Licensing Agency, as the case may be, may have regard to the site of the premises in relation to neighbouring land use.
(8) Subsection (5)(h) applies subject to the Human Rights Act 1993.
Subsection (2) was substituted, as from 22 May 1997, by section 2 Sale of Liquor Amendment Act 1997 (1997 No 11). See section 3 of that Act as to certain on-licences being treated as permitting sale or supply of liquor during early hours of Sunday morning.
Subsection (2) was substituted, as from 1 December 1999, by section 13(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsections (4) to (7) were substituted, as from 1 April 2000, by section 13(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (8) was inserted, as from 1 April 2000, by section 13(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) An on-licence shall not oblige the licensee to serve liquor at any time or to any person.
(2) Subsection (1) of this section applies subject to the Human Rights Act 1993.
Subsection (2) was substituted, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).
(1) The holder of an on-licence may at any time apply to the District Licensing Agency for the variation or cancellation of any condition of the licence imposed by the Licensing Authority or District Licensing Agency.
(2) Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
(2A) Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
(2B) The applicant is not required to ensure that notice of the application is attached in accordance with subsection (2A), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
(3) Any person who has a greater interest in the application than the public generally may object to the grant of the application.
(4) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the notice of the making of the application.
(5) No objection may be made in relation to any matter other than one specified in section 13(1) of this Act and relevant to the application.
(6) Sections 11 and 12 of this Act shall apply, with any necessary modifications, in respect of applications made under this section.
(7) In considering the application, the Licensing Authority or District Licensing Agency, as the case may require, must have regard to such of the matters specified in section 13(1) of this Act as are relevant to the application.
Subsection (1) was substituted, as from 1 April 2000, by section 14(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsections (2A) and (2B) were inserted, as from 1 April 2000, by section 14(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3) was amended, as from 1 April 2000, by section 14(3) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (7) was amended, as from 1 April 2000, by section 14(4) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the words “Licensing Authority or District Licensing Agency, as the case may require, must”
for the words “Licensing Authority shall”
.
(1) Every on-licence shall continue in force—
(a) Until the close of the period of 1 year commencing with the date of its issue; or
(b) If an application for the renewal of the licence is duly made, until the application is determined.
(2) Subsection (1) of this section applies subject to—
(a) The requirements of this Act relating to the payment of fees; and
(b) The provisions of this Act relating to the suspension and cancellation of licences.
(1) The holder of an on-licence, or the holder of a temporary authority issued in respect of an on-licence, may apply in accordance with this section for the renewal of the licence.
(2) Every application for the renewal of an on-licence shall—
(a) Be filed with the District Licensing Agency with which the application for the licence was filed; and
(b) Be made no later than 20 working days before the expiry of the licence, or by such later date (not being later than the date of the expiry of the licence) as the District Licensing Agency may allow; and
(c) Be made in the prescribed form and manner; and
(d) Contain the prescribed particulars; and
(da) Where the application relates to any premises, be accompanied by a statement by the applicant that—
(i) The building in which the premises are situated has an evacuation scheme for public safety which meets the requirements of section 21A of the Fire Service Act 1975; or
(ii) The building, by reason of its current use, does not require such a scheme, or that the building is exempt from having to meet the requirements for such a scheme; and
(e) Be accompanied by the prescribed fee.
(3) Within 10 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
(4) Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates, unless it is impracticable or unreasonable to do so.
(5) The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
Subsection (2)(da) was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsections (4) and (5) were inserted, as from 1 April 2000, by section 15 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Any person who has a greater interest in the application than the public generally may object to the renewal of an on-licence.
(2) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the public notice of the making of the application.
(3) No objection may be made in relation to any matter other than one specified in section 22 of this Act.
(4) The Secretary shall send a copy of every objection to the applicant.
Subsection (1) was amended, as from 1 April 2000, by section 16(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (2) was amended, as from 1 April 2000, by section 16(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, before the word “notice”
, the word “public”
.
(1) On receiving an application for the renewal of an on-licence, the Secretary must send a copy of it, and of each document filed with it, to—
(a) The member of the Police in charge of the police station nearest to—
(i) The premises in respect of which the licence is in force; or
(ii) The Secretary's office, where the licence is in force in respect of a conveyance; and
(b) An inspector; and
(c) Where the licence is in force in respect of any premises, the Medical Officer of Health in whose district the premises are situated.
(2) The inspector must inquire into and file with the District Licensing Agency a report on the application.
(3) The Police and the Medical Officer of Health must each inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
(4) The District Licensing Agency may assume that, if no report is received from the Police or Medical Officer of Health within 20 working days after sending the application to them, the Police and the Medical Officer of Health have no matters in opposition to the application.
(5) The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
Subsection (1)(c) of the original section 20 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsection (2) of the original section 20 was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “the member of the fire service,”
.
Section 20 was substituted, as from 1 April 2000, by section 17 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) If, in respect of any application for the renewal of an on-licence,—
(a) No objection is filed within the prescribed time; and
(b) No report filed with the District Licensing Agency under section 20 of this Act raises any matter in opposition to the application,—
the District Licensing Agency shall renew the licence for a further period of 3 years on—
(c) the conditions presently attaching to it; or
(d) such different conditions, relating to any matters specified in section 14(5), as the District Licensing Agency thinks fit.
(1A) The District Licensing Agency must not exercise its power under subsection (1)(d) except in response to a request by the applicant.
(2) In respect of any application for the renewal of an on-licence to which subsection (1) of this section does not apply, the Secretary of the District Licensing Agency shall forward the complete file to the Secretary of the Licensing Authority for the determination by the Authority of the application in accordance with this Act.
(3) For the purposes of this section, the complete file means—
(a) The application and any papers filed in support of the application; and
(b) A copy of the public notice of the application, and a statement of the dates of publication of the notice; and
(c) Any objection, and any papers filed in support of any objection; and
(d) Any reports made under section 20 of this Act.
Subsection (1) was amended, as from 6 April 2004, by section 11(1) Sale of Liquor Amendment Act 2004 (2004 No 21) by substituting the words “for a further period of 3 years on—”
for the words “on the conditions presently attaching to it for a further period of 3 years.”
Subsection (1)(c) and (1)(d) were inserted, as from 6 April 2004, by section 11(2) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (1A) was inserted, as from 6 April 2004, by section 11(3) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (3)(d) was amended, as from 1 April 2000, by section 18 Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the word “Any”
for the word “The”
.
In considering any application for the renewal of an on-licence, the Licensing Authority shall have regard to the following matters:
(a) The suitability of the licensee:
(b) The conditions attaching to the licence:
(c) The manner in which the licensee has conducted the sale and supply of liquor pursuant to the licence:
(d) Any matters dealt with in any report made under section 20 of this Act.
(1) After considering an application for the renewal of an on-licence, the Licensing Authority shall—
(a) Renew the licence on the conditions presently attaching to it; or
(b) Renew the licence on such different conditions (relating to any matters specified in section 14(5) of this Act) as the Licensing Authority thinks fit; or
(c) Refuse to renew the licence.
(2) The Licensing Authority shall not exercise its powers under paragraph (b) or paragraph (c) of subsection (1) of this section except in response to—
(a) An objection duly made under section 19 of this Act; or
(b) A report duly submitted under section 20 of this Act; or
(c) A request by the applicant.
(3) On renewing an on-licence, the Licensing Authority shall specify a date (being no later than 3 years after the date on which the renewal takes effect) on which the licence shall expire unless it is again renewed under this section.
(1) The District Licensing Agency may from time to time, on the application of any person who appears to the District Licensing Agency to have any right, title, estate, or interest in any premises or conveyance, or any business conducted in any premises or conveyance, in respect of which an on-licence is in force, make an order authorising the applicant, or some suitable person nominated by the applicant, to carry on the sale and supply of liquor for such period, not exceeding 3 months, as the District Licensing Agency may specify in the order.
(2) The District Licensing Agency may hear and determine an application for an order under this section ex parte, or direct that notice of the application and of the time and place fixed for any hearing shall be served on such persons and in such manner as the District Licensing Agency may specify.
(3) On granting any application for an order under this section, the District Licensing Agency may impose such reasonable conditions as it thinks fit.
(4) The holder of a temporary authority shall for the purposes of this Act have the same duties, obligations, and liabilities, as the holder of the on-licence to which the temporary authority relates.
Subsection (1) was amended, as from 1 April 2000, by section 19 Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the word “conveyance”
, the words “, or any business conducted in any premises or conveyance,”
.
(1) Every holder of an on-licence granted in respect of any premises shall ensure that there is displayed at all times a sign attached to the exterior of the premises, so as to be easily read by persons immediately outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor.
(2) Every holder of an on-licence shall ensure that there is displayed at all times a copy of the licence, and of the conditions of the licence, attached to the interior of the premises or conveyance so as to be easily read by persons entering through each principal entrance.
(1) Every company, licensing trust, partnership, Government department or other instrument of the Crown, or local authority that holds an on-licence shall appoint at least 1 manager in accordance with Part 6 of this Act.
(2) Any other holder of an on-licence may appoint a manager or managers in accordance with that Part of this Act.
[Repealed]
Section 27 was repealed, as from 1 April 2000, by section 20 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Where the Licensing Authority grants an on-licence in respect of a BYO restaurant, the Licensing Authority may, at the request of the applicant, endorse the licence in such a way as to indicate that this section applies to that licence.
(2) An on-licence endorsed under this section shall authorise the holder to allow the consumption of liquor in the restaurant by any person who is there for the purpose of dining, if the liquor is brought to the restaurant by that person or any other person dining with that person.
(3) An on-licence endorsed under this section shall also authorise the holder to sell and supply any food or hot beverage of which liquor is an ingredient for consumption in the restaurant by any person who is there for the purpose of dining, if the food or beverage as supplied to that person contains not more than 14.33 percent alcohol by volume.
(4) Except as provided in subsection (3) of this section, an on-licence endorsed under this section shall not authorise the holder to sell or supply liquor to any person.
(5) Nothing in section 25(1) or section 26 of this Act shall apply to an on-licence endorsed under this section.
Subsection (5) was amended, as from 1 April 2000, by section 21 Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “or section 27”
.
(1) An off-licence shall authorise the holder of the licence to sell or deliver liquor on or from the premises described in the licence to any person for consumption off the premises.
(2) The holder of an off-licence may arrange for delivery to be made by the maker, importer, wholesaler, or distributor of any liquor from the premises of the maker, importer, wholesaler, or distributor; and, in any such case, the liquor shall be deemed for the purposes of this Act to have been delivered by the holder of the off-licence from the premises described in the licence.
(3) An off-licence also authorises the complimentary supply of liquor by way of sample on the premises to which the licence relates.
Subsection (3) was inserted, as from 1 April 2000, by section 22 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) An off-licence may be held by—
(a) Any person who has attained the age of 20 years; or
(b) Any company within the meaning of the Companies Act 1993 that is not prevented by a restriction in its constitution from selling liquor or from holding a licence under this Act; or
(ba) Any body corporate (whether incorporated in or outside New Zealand) that is authorised to sell liquor or hold a licence under this Act or under any previous enactment relating to the sale of liquor; or
(bb) Any board, organisation, or other body that is authorised by another Act to sell liquor or hold an off-licence under this Act; or
(c) Any licensing trust; or
(d) Any partnership comprising any persons, companies, or trusts referred to in paragraphs (a) to (c) of this subsection; or
(e) Any Government department or other instrument of the Crown; or
(f) Any local authority, whether or not expressly authorised by any other enactment to hold an off-licence under this Act; or
(g) Any trustee within the meaning of the Trustee Act 1956; or
(h) Any manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988, if the order authorises the manager to hold such a licence; or
(i) Any club that, immediately before the commencement of this Act, held a charter under section 164 of the Sale of Liquor Act 1962; or
(j) Any club, other than a sports club, that holds a club licence.
(2) An off-licence may not be held by any other club.
Subsection (1)(b) was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by inserting the words “or the Companies Act 1993, as the case may be,”
.
Subsection (1)(b) was substituted, and subsection (1)(ba) and (bb) were inserted, as from 1 April 2000, by section 23(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (1)(f) was amended, as from 1 April 2000, by section 23(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the words “local authority”
, the words “, whether or not”
.
(1) Every application for an off-licence shall—
(a) Be made in the name of the person who will hold the licence if the application is granted; and
(b) Be made in the prescribed form and manner; and
(c) Contain the prescribed particulars; and
(d) Be accompanied by the prescribed fee; and
(e) Be accompanied by a certificate by the local authority that the proposed use of the premises meets requirements of the Resource Management Act 1991 and of the building code.
(2) Every application shall be filed with the District Licensing Agency for the district in which the premises are situated.
(3) Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
(4) Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
(5) The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
Subsection (1)(e) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the words “requirements of the Resource Management Act 1991 and of the building code”
for the words “town planning requirements”
.
Subsections (4) and (5) were inserted, as from 1 April 2000, by section 24 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Any person who has a greater interest in the application than the public generally may object to the grant of an off-licence.
(2) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the public notice of the making of the application.
(3) No objection may be made in relation to any matter other than one specified in section 35(1) of this Act.
(4) In any case where—
(a) The application relates to any premises in respect of which an off-licence is presently in force; and
(b) The applicant seeks the same conditions as those presently applying to that licence,—
an objection may be made only in relation to the suitability of the applicant.
(5) The Secretary shall send a copy of every objection to the applicant.
Subsection (1) was amended, as from 1 April 2000, by section 25(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (2) was amended, as from 1 April 2000, by section 25(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, before the word “notice”
, the word “public”
.
(1) On receiving an application for an off-licence, the Secretary shall send a copy of it, and of each document filed with it, to—
(a) The member of the Police in charge of the police station nearest to the premises in respect of which the licence is sought; and
(b) An inspector.
(2) The inspector must inquire into and file with the District Licensing Agency a report on the application.
(3) The Police must inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
(4) The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after sending the application to them, the Police have no matters in opposition to the application.
(5) The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
Subsections (2) and (3) were substituted, and subsections (4) and (5) were inserted, as from 1 April 2000, by section 26 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) A District Licensing Agency must decide whether to grant an application for an off-licence in accordance with this Act, if—
(a) No objection has been filed under section 32; and
(b) No reports containing matters in opposition have been filed with the District Licensing Agency under section 33.
(2) In any other case, the District Licensing Agency must forward the complete file relating to the application to the Secretary of the Licensing Authority, and the Licensing Authority must determine the application in accordance with this Act.
(3) For the purposes of this section, the complete file means—
(a) The application and any papers filed in support of the application; and
(b) A copy of the public notice of the application, and a statement of the dates of publication of the notice; and
(c) Any objection, and any papers filed in support of any objection; and
(d) Any reports made under section 33; and
(e) the certificate referred to in section 31(1)(e).
Section 34 was substituted, as from 1 April 2000, by section 27 Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3)(d) was amended, as from 6 April 2004, by section 12 Sale of Liquor Amendment Act 2004 (2004 No 21) by inserting the expression “; and”
.
Subsection (3)(e) was inserted, as from 6 April 2004, by section 12 Sale of Liquor Amendment Act 2004 (2004 No 21) .
(1) In considering any application for an off-licence, the Licensing Authority or District Licensing Agency, as the case may be, must have regard to the following matters:
(a) The suitability of the applicant:
(b) The days on which and the hours during which the applicant proposes to sell liquor:
(c) The areas of the premises, if any, that the applicant proposes should be designated as restricted areas or supervised areas:
(d) The steps proposed to be taken by the applicant to ensure that the requirements of this Act in relation to the sale of liquor to prohibited persons are observed:
(e) Whether the applicant is engaged, or proposes to engage, in—
(i) The sale or supply of any other goods besides liquor; or
(ii) The provision of any services other than those directly related to the sale or supply of liquor,—
and, if so, the nature of those goods or services:
(f) Any matters dealt with in any report made under section 33 of this Act.
(2) The Licensing Authority or District Licensing Agency, as the case may be, must not take into account any prejudicial effect that the grant of the licence may have on the business conducted pursuant to any other licence.
Subsection (1) was amended, as from 1 April 2000, by section 28(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the words “Licensing Authority or District Licensing Agency, as the case may be, must”
for the words “Licensing Authority shall”
.
Subsection (2) was amended, as from 1 April 2000, by section 28(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the words “Licensing Authority or District Licensing Agency, as the case may be, must”
for the words “Licensing Authority shall”
.
(1) Except as provided in subsections (2) to (5) of this section, an off-licence shall be granted only—
(a) To the holder of an on-licence in respect of a hotel or tavern, in respect of the premises conducted pursuant to that licence; or
(b) To the holder of a club licence, being a club that is entitled under paragraph (i) or paragraph (j) of section 30(1) of this Act to hold an off-licence, in respect of the premises conducted pursuant to that licence; or
(c) In respect of premises in which the principal business is the manufacture or sale of liquor; or
(d) In respect of—
(i) Any supermarket having a floor area of at least 1000 square metres (including any separate departments set aside for such foodstuffs as fresh meat, fresh fruit and vegetables, and delicatessen items); or
(ii) Any grocery store, where the Licensing Authority or District Licensing Agency, as the case may be, is satisfied that the principal business of the store is the sale of main order household foodstuff requirements.
(2) The Licensing Authority or District Licensing Agency, as the case may be, may grant an off-licence in respect of any other premises if the Licensing Authority or District Licensing Agency, as the case may be, is satisfied, in a particular case,—
(a) That, in the area in which the premises are situated, the sale of liquor in premises of a kind described in paragraph (c) or paragraph (d) of subsection (1) of this section would not be economic; or
(b) That the sale of liquor would be an appropriate complement to the kind of goods sold in the premises.
(3) Nothing in subsection (1) or subsection (2) of this section shall authorise the grant of an off-licence in respect of—
(a) Any service station or other premises in which the principal business is the sale of petrol or other automotive fuels; or
(b) Any shop of a kind commonly known as a dairy.
(4) Nothing in subsection (2)(b) of this section shall authorise the grant of an off-licence in respect of any supermarket or grocery store, or any other premises on which the principal business is the sale of food or groceries.
(6) [Repealed]
Subsection (1)(d)(ii) was amended, as from 6 April 2004, by section 13(1) Sale of Liquor Amendment Act 2004 (2004 No 21) by inserting the words “or District Licensing Agency, as the case may be,”
after the words “Licensing Authority”
.
Subsection (2) was amended, as from 1 April 2000, by section 29(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the words “Licensing Authority”
, the words “or District Licensing Agency, as the case may be,”
.
Subsection (5) was repealed, as from 1 April 2000, by section 29(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (5) was inserted, as from 6 April 2004, by section 13(2) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (6) was repealed, as from 1 April 2000, by section 29(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) It is a condition of every off-licence that no liquor is to be sold or delivered on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac Day.
(1A) However, it is a condition of an off-licence that a person may sell or deliver grape wine or fruit wine on Easter Sunday if the grape wine or fruit wine is made—
(a) on the premises; or
(b) from grapes or fruit harvested from land on which the premises are situated.
(2) It is a condition of every off-licence granted to the holder of a club licence that liquor may be sold or supplied pursuant to the off-licence only to—
(a) any member of the club; or
(b) any member of any other club with which the holder of the licence has an arrangement for reciprocal visiting rights for members of the club.
(3) It shall be a condition of every off-licence granted in respect of any premises described in section 36(1)(d) of this Act that no liquor be sold pursuant to the licence other than—
(a) Wine that conforms to the standard prescribed by regulation 219 of the Food Regulations 1984 (SR 1984/262), or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and
(b) Sparkling wine that conforms to the standard prescribed by regulation 220 of those regulations, or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and
(c) Fruit wine that conforms to the standard prescribed by regulation 226 of those regulations, or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and
(d) Sparkling fruit wine that conforms to the standard prescribed by regulation 227 of those regulations, or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and
(e) Mead that conforms to the standard prescribed by regulation 226 of those regulations, or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and
(f) Beer that conforms to the standard prescribed by regulation 218 of those regulations, or any other standard that may be set, by regulations made under the Food Act 1981 or by food standards issued under that Act, in substitution for that standard.
(3A) However, it is also a condition of every off-licence granted in respect of any premises described in section 36(1)(d) that any food condiment containing liquor may be sold or supplied if the food condiment has been—
(a) prepared for culinary purposes; and
(b) rendered unsuitable for drinking.
(4) On granting an application for an off-licence, the Licensing Authority or District Licensing Agency, as the case may be, may impose conditions relating to the following matters:
(a) The days on which and the hours during which liquor may be sold or delivered:
(b) The designation of the whole or any part or parts of the premises as a restricted area or a supervised area:
(c) The steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed.
(d) The persons or types of persons to whom liquor may be sold or supplied.
(5) In determining the conditions to be imposed under subsection (4)(a) of this section, the Licensing Authority or District Licensing Agency, as the case may be, may have regard to the site of the premises in relation to neighbouring land use.
(5A) Subsection (4)(d) applies subject to the Human Rights Act 1993.
(6) Subject to subsection (3) of this section, on granting an application for an off-licence in respect of any premises in which the principal business is other than the manufacture or sale of liquor, the Licensing Authority or District Licensing Agency, as the case may be, may impose a condition relating to the kind or kinds of liquor that may be sold or delivered pursuant to the licence.
Subsection (1) was substituted, as from 2 May 1992, by section 2(1) Sale of Liquor (Off-Licence) Amendment Act 1992 (1992 No 35).
Subsection (1A) was inserted, as from 2 May 1992, by section 2(1) Sale of Liquor (Off-Licence) Amendment Act 1992 (1992 No 35).
Subsection (1) was substituted, as from 1 December 1999, by section 30(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (1A) was repealed, as from 1 December 1999, by section 30(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (1A) was inserted, as from 6 April 2004, by section 14(1) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (2) was substituted, as from 6 April 2004, by section 14(2) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (3)(b) was amended, as from 2 May 1992, by section 2(2) Sale of Liquor (Off-Licence) Amendment Act 1992 (1992 No 35) by inserting the word “; and”
.
Subsection (3)(c) and (d) was inserted, as from 2 May 1992, by section 2(3) ) Sale of Liquor (Off-Licence) Amendment Act 1992 (1992 No 35).
Subsection (3)(d) was amended, as from 1 July 1994, by section 2(1) Sale of Liquor Amendment Act 1994 (1994 No 61) by inserting the word “; and”
.
Subsection (3)(e) was inserted, as from 1 July 1994 by section 2(2) Sale of Liquor Amendment Act 1994 (1994 No 61).
Subsection (3) was substituted, as from 1 July 1996, by section 30(1) Food Amendment Act 1996 (1996 No 41).
Subsection (3)(e) was amended by inserting the expression “; and”
, and subsection (3)(f) was inserted, as from 1 December 1999, by section 30(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3A) was inserted, as from 6 April 2004, by section 14(3) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (4) was amended, as from 1 April 2000, by section 30(3) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the words “Licensing Authority”
, the words “or District Licensing Agency, as the case may be,”
.
Subsection (4)(d) was inserted, as from 1 April 2000, by section 30(4) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (5A) was inserted, as from 1 April 2000, by section 30(5) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsections (5) and (6) were amended, as from 1 April 2000, by section 30(6) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the words “Licensing Authority”
in each place where they occur, the words “or District Licensing Agency, as the case may be,”
.
(1) An off-licence shall not oblige the licensee to sell or deliver liquor at any time or to any person.
(2) Subsection (1) of this section applies subject to the Human Rights Act 1993.
Subsection (2) was substituted, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).
(1) The holder of an off-licence may at any time apply to the District Licensing Agency for the variation or cancellation of any condition of the licence imposed by the Licensing Authority or District Licensing Agency.
(2) Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
(2A) Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
(2B) The application is not required to ensure that notice of the application is attached in accordance with subsection (2A), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
(3) Any person who has a greater interest in the application than the public generally may object to the grant of the application.
(4) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the notice of the making of the application.
(5) No objection may be made in relation to any matter other than one specified in section 35(1) of this Act and relevant to the application.
(6) Sections 33 and 34 of this Act shall apply, with any necessary modifications, in respect of applications made under this section.
(7) In considering the application, the Licensing Authority or District Licensing Agency, as the case may be, must have regard to such of the matters specified in section 35(1) of this Act as are relevant to the application.
Subsection (1) was substituted, as from 1 April 2000, by section 31(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsections (2A) and (2B) were inserted, as from 1 April 2000, by section 31(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3) was amended, as from 1 April 2000, by section 31(3) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (7) was amended, as from 1 April 2000, by section 31(4) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the words “Licensing Authority or District Licensing Agency, as the case may be, must”
for the words “Licensing Authority shall”
.
(1) Every off-licence shall continue in force—
(a) Until the close of the period of 1 year commencing with the date of its issue; or
(b) If an application for the renewal of the licence is duly made, until the application is determined.
(2) Subsection (1) of this section applies subject to—
(a) The requirements of this Act relating to the payment of fees; and
(b) The provisions of this Act relating to the suspension and cancellation of licences.
(1) The holder of an off-licence, or the holder of a temporary authority issued in respect of an off-licence, may apply in accordance with this section for the renewal of the licence.
(2) Every application for the renewal of an off-licence shall—
(a) Be filed with the District Licensing Agency with which the application for the licence was filed; and
(b) Be made no later than 20 working days before the expiry of the licence, or by such later date (not being later than the date of the expiry of the licence) as the District Licensing Agency may allow; and
(c) Be made in the prescribed form and manner; and
(d) Contain the prescribed particulars; and
(da) Where the application relates to any premises, be accompanied by a statement by the applicant that—
(i) The building in which the premises are situated has an evacuation scheme for public safety which meets the requirements of section 21A of the Fire Service Act 1975; or
(ii) The building, by reason of its current use, does not require such a scheme, or that the building is exempt from having to meet the requirements for such a scheme; and
(e) Be accompanied by the prescribed fee.
(3) Within 10 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
(4) Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
(5) The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
Subsection (2)(da) was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsections (4) and (5) were inserted, as from 1 April 2000, by section 32 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Any person who has a greater interest in the application than the public generally may object to the renewal of an off-licence.
(2) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the public notice of the making of the application.
(3) No objection may be made in relation to any matter other than one specified in section 45 of this Act.
(4) The Secretary shall send a copy of every objection to the applicant.
Subsection (1) was amended, as from 1 April 2000, by section 33(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (2) was amended, as from 1 April 2000, by section 33(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, before the word “notice”
, the word “public”
.
(1) On receiving an application for the renewal of an off-licence, the Secretary shall send a copy of it, and of each document filed with it, to—
(a) The member of the Police in charge of the police station nearest to the premises in respect of which the licence is in force; and
(b) An inspector.
(2) The inspector must inquire into and file with the District Licensing Agency a report on the application.
(3) The Police must inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
(4) The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after sending the application to them, the Police have no matters in opposition to the application.
(5) The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
Subsections (2) and (3) were substituted, and subsections (4) and (5) were inserted, as from 1 April 2000, by section 34 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) If, in respect of any application for the renewal of an off-licence,—
(a) No objection is filed within the prescribed time; and
(b) No report containing matters in opposition is filed with the District Licensing Agency under section 43,—
the District Licensing Agency shall renew the licence for a further period of 3 years on—
(c) the conditions presently attaching to it, or
(1A) The District Licensing Agency must not exercise its power under subsection (1)(d) except in response to a request by the applicant.
(2) In respect of any application for the renewal of an off-licence to which subsection (1) of this section does not apply, the Secretary of the District Licensing Agency shall forward the complete file to the Secretary of the Licensing Authority for the determination by the Authority of the application in accordance with this Act.
(3) For the purposes of this section, the complete file means—
(a) The application and any papers filed in support of the application; and
(b) A copy of the public notice of the application, and a statement of the dates of publication of the notice; and
(c) Any objection, and any papers filed in support of any objection; and
(d) Any reports made under section 43 of this Act.
Subsection (1) was amended, as from 6 April 2004, by section 15(1) Sale of Liquor Amendment Act 2004 (2004 No 21) by substituting the words “for a further period of 3 years on—”
for the words “on the conditions presently attaching to it for a further period of 3 years.”
.
Subsection (1)(b) was substituted, as from 1 April 2000, by section 35(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (1)(c) and (1)(d) was inserted, as from 6 April 2004, by section 15(2) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (1A) was inserted, as from 6 April 2004, by section 15(3) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (3)(d) was amended, as from 1 April 2000, by section 35(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the word “Any”
for the word “The”
.
In considering any application for the renewal of an off-licence, the Licensing Authority shall have regard to the following matters:
(a) The suitability of the licensee:
(b) The conditions attaching to the licence:
(c) The manner in which the licensee has conducted the sale and delivery of liquor pursuant to the licence:
(d) Any matters dealt with in any report made under section 43 of this Act.
(1) After considering an application for the renewal of an off-licence, the Licensing Authority shall—
(a) Renew the licence on the conditions presently attaching to it; or
(b) Renew the licence on such different conditions (relating to any matters specified in section 37(4) of this Act) as the Licensing Authority thinks fit; or
(c) Refuse to renew the licence.
(2) The Licensing Authority shall not exercise its powers under paragraph (b) or paragraph (c) of subsection (1) of this section except in response to—
(a) An objection duly made under section 42 of this Act; or
(b) A report duly submitted under section 43 of this Act; or
(c) A request by the applicant.
(3) On renewing an off-licence, the Licensing Authority shall specify a date (being no later than 3 years after the date on which the renewal takes effect) on which the licence shall expire unless it is again renewed under this section.
(1) The District Licensing Agency may from time to time, on the application of any person who appears to the District Licensing Agency to have any right, title, estate, or interest in any premises, or any business conducted in any premises, in respect of which an off-licence is in force, make an order authorising the applicant, or some suitable person nominated by the applicant, to carry on the sale and delivery of liquor for such period, not exceeding 3 months, as the District Licensing Agency may specify in the order.
(2) The District Licensing Agency may hear and determine an application for an order under this section ex parte, or direct that notice of the application and of the time and place fixed for any hearing shall be served on such persons and in such manner as the District Licensing Agency may specify.
(3) On granting any application for an order under this section, the District Licensing Agency may impose such reasonable conditions as it thinks fit.
(4) The holder of a temporary authority shall for the purposes of this Act have the same duties, obligations, and liabilities as the holder of the off-licence to which the temporary authority relates.
Subsection (1) was amended, as from 1 April 2000, by section 36 Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the word “premises”
, the words “, or any business conducted in any premises,”
.
(1) Every holder of an off-licence, other than a club, shall ensure that there is displayed at all times a sign attached to the exterior of the premises, so as to be easily read by persons immediately outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor.
(2) Every holder of an off-licence, other than a club, shall ensure that there is displayed at all times a copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons entering through each principal entrance.
(3) Every club that holds an off-licence shall ensure that there is displayed at all times a copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons using the premises.
(1) Every company, licensing trust, partnership, Government department or other instrument of the Crown, or local authority that holds an off-licence shall appoint at least 1 manager in accordance with Part 6 of this Act.
(2) Any other holder of an off-licence may appoint a manager or managers in accordance with that Part of that Act.
[Repealed]
Section 50 was repealed, as from 1 April 2000, by section 37 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) An off-licence may be granted to a person who is conducting the business of a caterer.
(1A) The Licensing Authority or District Licensing Agency must, when granting an off-licence under subsection (1), endorse the licence to indicate that this section applies to the licence.
(2) An off-licence endorsed under this section shall authorise the holder to deliver liquor from the premises described in the licence and sell it on any other premises for consumption on those premises by persons attending any reception, function, or other social gathering promoted by any person or association of persons other than the holder of the licence.
(3) On endorsing an off-licence under this section, the Licensing Authority or the District Licensing Agency, as the case may be, may impose conditions relating to the provision of non-alcoholic refreshments and food.
(4) Nothing in section 37(1) or section 48 of this Act shall apply to an off-licence endorsed under this section.
Subsection (1) was substituted, as from 1 April 2000, by section 38(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (1) was substituted, as from 6 April 2004, by section 16(1) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (1A) was inserted, as from 6 April 2004, by section 16(1) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (3) was amended, as from 1 April 2000, by section 38(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the words “Licensing Authority”
, the words “or the District Licensing Agency, as the case may be,”
.
(1) An off-licence may be granted to the holder of an auctioneer's licence under the Auctioneers Act 1928.
(1A) The Licensing Authority or District Licensing Agency must, when granting an off-licence under subsection (1), endorse the licence to indicate that this section applies to the licence.
(2) Nothing in section 31(3) or section 32 or section 33 of this Act shall apply to an application for an off-licence endorsed under this section.
(3) An off-licence endorsed under this section shall authorise the holder to sell liquor by auction in the course of his or her business as an auctioneer.
(4) Nothing in sections 48 to 49 of this Act shall apply to an off-licence endorsed under this section.
Subsection (1) was substituted, as from 1 April 2000, by section 39(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
A second subsection (2) was inserted, as from 1 April 2000, by section 39(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (4) was amended, as from 1 April 2000, by section 39(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the expression “49”
for the expression “50”
.
A club licence shall authorise the holder of the licence to sell and supply liquor, on the premises described in the licence, for consumption on the premises, to—
(a) Any member of the club; or
(b) Any person who is a guest of, and is accompanied by, a member of the club; or
(c) Any member of any other club with which the holder of the licence has an arrangement for reciprocal visiting rights for members of the clubs.
A club licence may be held by any club.
(1) Every application for a club licence shall—
(a) Be made in the name of the club that will hold the licence if the application is granted; and
(b) Be made in the prescribed form and manner; and
(c) Contain the prescribed particulars; and
(d) Be accompanied by the prescribed fee; and
(e) Be accompanied by a certificate by the local authority that the proposed use of the premises meets requirements of the Resource Management Act 1991 and of the building code.
(2) Every application shall be filed with the District Licencing sic: Licensing Agency for the district in which the premises are situated.
(3) Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
(4) Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
(5) The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
Subsection (1)(e) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the words “requirements of the Resource Management Act 1991 and of the building code”
for the words “town planning requirements”
.
Subsections (4) and (5) were inserted, as from 1 April 2000, by section 40 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Any person who has a greater interest in the application than the public generally may object to the grant of a club licence.
(2) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the public notice of the making of the application.
(3) No objection may be made in relation to any matter other than one specified in section 59(1) of this Act.
(4) The Secretary shall send a copy of every objection to the applicant.
Subsection (1) was amended, as from 1 April 2000, by section 41(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (2) was amended, as from 1 April 2000, by section 41(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, before the word “notice”
, the word “public”
.
(1) On receiving an application for a club licence, the Secretary must send a copy of it, and of each document filed with it, to—
(a) The member of the Police in charge of the police station nearest to the premises in respect of which the licence is sought; and
(b) An inspector; and
(c) The Medical Officer of Health in whose district the premises are situated.
(2) The inspector must inquire into and file with the District Licensing Agency a report on the application.
(3) The Police and the Medical Officer of Health must each inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
(4) The District Licensing Agency may assume that, if no report is received from the Police or Medical Officer of Health within 20 working days after sending the application to them, the Police and the Medical Officer of Health have no matters in opposition to the application.
(5) The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
Subsection (1)(c) of the original section 57 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsection (2) of the original section 57 was originally amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “the member of the fire service,”
.
Section 57 was substituted, as from 1 April 2000, by section 42 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) A District Licensing Agency must decide whether to grant an application for a club licence in accordance with this Act, if—
(a) No objection has been filed under section 56; and
(b) No reports containing matters in opposition have been filed with the District Licensing Agency under section 57.
(2) In any other case, the District Licensing Agency must forward the complete file relating to the application to the Secretary of the Licensing Authority, and the Licensing Authority must determine the application in accordance with this Act.
(3) For the purposes of this section, the complete file means—
(a) The application and any papers filed in support of the application; and
(b) A copy of the public notice of the application, and a statement of the dates of publication of the notice; and
(c) Any objection, and any papers filed in support of any objection; and
(d) Any reports made under section 57; and
(e) The certificate referred to in section 55(1)(e).
Subsection (2)(e) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “town planning”
.
Section 58 was substituted, as from 1 April 2000, by section 43 Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3)(e) was amended, as from 6 April 2004, by section 18 Sale of Liquor Amendment Act 2004 (2004 No 21) by omitting the words “of approval”
.
(1) In considering any application for a club licence, the Licensing Authority or District Licensing Agency, as the case may be, must have regard to the following matters:
(a) The suitability of the applicant:
(b) The days on which and the hours during which the applicant proposes to sell liquor:
(c) The days on which and the hours during which the premises are used for the club's activities:
(d) The areas of the premises, if any, that the applicant proposes should be designated as restricted areas or supervised areas:
(e) The proportion of the membership of the club who are prohibited persons:
(f) The steps proposed to be taken by the applicant to ensure that the requirements of this Act in relation to the sale of liquor to prohibited persons are observed:
(g) The applicant's proposals relating to—
(i) The sale and supply of non-alcoholic refreshments and food; and
(ii) The sale and supply of low-alcohol beverages; and
(iii) The provision of assistance with or information about alternative forms of transport from the licensed premises:
(h) Any matters dealt with in any report made under section 57 of this Act.
(2) Before granting an application for a club licence, the Licensing Authority or District Licensing Agency, as the case may be, must require to be satisfied that the predominant purpose for which the premises are or will be used is other than the consumption of liquor.
(3) The Licensing Authority shall not take into account any prejudicial effect that the grant of the licence may have on the business conducted pursuant to any other licence.
Subsections (1) and (2) were amended, as from 1 April 2000, by section 44(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the words “Licensing Authority or District Licensing Agency, as the case may be, must”
for the words “Licensing Authority shall”
.
Subsection (1)(g) was substituted, as from 1 April 2000, by section 44(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) The following shall be conditions of every club licence:
(a) That there shall at all times be a secretary of the club:
(b) That within 10 working days of the appointment of a new secretary, the club shall inform the Secretary of the Licensing Authority or District Licensing Agency (whichever granted the licence) of the name of the new secretary:
(c) That all proceeds from the sale of liquor shall belong to the club:
(d) That the club has available for consumption on the premises a reasonable range of non-alcoholic refreshments.
(2) On granting an application for a club licence, the Licensing Authority or District Licensing Agency, as the case may be, may impose conditions relating to the following matters:
(a) The days on which and the hours during which liquor may be sold:
(b) The provision of food for consumption on the premises:
(c) The sale and supply of low-alcohol beverages:
(d) The provision of assistance with or information about alternative forms of transport from the licensed premises:
(e) Any other matter aimed at the responsible consumption of liquor:
(f) The steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed:
(g) The designation of the whole or any part or parts of the premises as a restricted area or supervised area:
(h) The persons or types of persons to whom liquor may be sold or supplied.
(2A) Different conditions may be imposed under subsection (2)(a) in respect of different parts of the premises.
(2B) Subsection (2)(h) applies subject to the Human Rights Act 1993.
(3) Where the application for a club licence was made by or on behalf of an unincorporated association of persons, the Licensing Authority or District Licensing Agency, as the case may be, may require, as a condition of the licence, that the association become incorporated.
(4) In determining the conditions to be imposed under subsection (2)(a) of this section,—
(a) The Licensing Authority or District Licensing Agency, as the case may be, must have regard to the days on which the premises are being used in good faith for any of the purposes of the club, or the maintaining, upgrading, managing, and administering of the club's premises and facilities; and
(b) The Licensing Authority or District Licensing Agency, as the case may be, may have regard to the site of the premises in relation to neighbouring land use.
Subsection (1)(b) was amended, as from 1 April 2000, by section 45(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the words “Licensing Authority”
, the words “or District Licensing Agency (whichever granted the licence)”
.
Subsection (2) was substituted, and subsections (2A) and (2B) were inserted, as from 1 April 2000, by section 45(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3) was amended, as from 1 April 2000, by section 45(3) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the words “Licensing Authority”
, the words “or District Licensing Agency, as the case may be,”
Subsection (4)(a) was amended, as from 1 April 2000, by section 45(4)(b) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the words “Licensing Authority or District Licensing Agency, as the case may be, must”
for the words “Licensing Authority shall”
.
Subsection (4)(b) was amended, as from 1 April 2000, by section 45(4)(b) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the words “Licensing Authority”
, the words “or District Licensing Agency, as the case may be,”
.
(1) A club licence shall not oblige the licensee to serve liquor at any time or to any person.
(2) Subsection (1) of this section applies subject to the Human Rights Act 1993.
Subsection (2) was substituted, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).
(1) The holder of a club licence may at any time apply to the District Licensing Agency for the variation or cancellation of any condition of the licence imposed by the Licensing Authority or District Licensing Agency.
(2) Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
(2A) Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
(2B) The applicant is not required to ensure that notice of the application is attached in accordance with subsection (2A), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
(3) Any person who has a greater interest in the application than the public generally may object to the grant of the application.
(4) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the notice of the making of the application.
(5) No objection may be made in relation to any matter other than one specified in section 59(1) of this Act and relevant to the application.
(6) Sections 57 and 58 of this Act shall apply, with any necessary modifications, in respect of applications made under this section.
(7) In considering the application, the Licensing Authority or District Licensing Agency, as the case may require, must have regard to such of the matters specified in section 59(1) of this Act as are relevant to the application.
Subsection (1) was substituted, as from 1 April 2000, by section 46(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsections (2A) and (2B) were inserted, as from 1 April 2000, by section 46(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3) was amended, as from 1 April 2000, by section 46(3) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (7) was amended, as from 1 April 2000, by section 46(4) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the words “Licensing Authority or District Licensing Agency, as the case may require, must”
for the words “Licensing Authority shall”
.
(1) Every club licence shall continue in force—
(a) Until the close of the period of 1 year commencing with the date of its issue; or
(b) If an application for the renewal of the licence is duly made, until the application is determined.
(2) Subsection (1) of this section applies subject to—
(a) The requirements of this Act relating to the payment of fees; and
(b) The provisions of this Act relating to the suspension and cancellation of licences.
(1) The holder of a club licence may apply in accordance with this section for the renewal of the licence.
(2) Every application for the renewal of a club licence shall—
(a) Be filed with the District Licensing Agency with which the application for the licence was filed; and
(b) Be made no later than 20 working days before the expiry of the licence, or by such later date (not being later than the date of the expiry of the licence) as the District Licensing Agency may allow; and
(c) Be made in the prescribed form and manner; and
(d) Contain the prescribed particulars; and
(da) Where the application relates to any premises, be accompanied by a statement by the applicant that—
(i) The building in which the premises are situated has an evacuation scheme for public safety which meets the requirements of section 21A of the Fire Service Act 1975; or
(ii) The building, by reason of its current use, does not require such a scheme, or that the building is exempt from having to meet the requirements for such a scheme; and
(e) Be accompanied by the prescribed fee.
(3) Within 10 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
(4) Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates, unless it is impracticable or unreasonable to do so.
(5) The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
Subsection (2)(da) was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsections (4) and (5) were inserted, as from 1 April 2000, by section 47 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Any person who has a greater interest in the application than the public generally may object to the renewal of a club licence.
(2) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the public notice of the making of the application.
(3) No objection may be made in relation to any matter other than one specified in section 68 of this Act.
(4) The Secretary shall send a copy of every objection to the applicant.
Subsection (1) was amended, as from 1 April 2000, by section 48(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (2) was amended, as from 1 April 2000, by section 48(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, before the word “notice”
, the word “public”
.
(1) On receiving an application for the renewal of a club licence, the Secretary must send a copy of it, and of each document filed with it, to—
(a) The member of the Police in charge of the police station nearest to the premises in respect of which the licence is in force; and
(b) An inspector; and
(c) The Medical Officer of Health in whose district the premises are situated.
(2) The inspector must inquire into and file with the District Licensing Agency a report on the application.
(3) The Police and the Medical Officer of Health must each inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
(4) The District Licensing Agency may assume that, if no report is received from the Police or Medical Officer of Health within 20 working days after sending the application to them, the Police and the Medical Officer of Health have no matters in opposition to the application.
(5) The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
Subsection (1)(c) was originally repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsection (2) was originally amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “the member of the fire service,”
.
Section 66 was substituted, as from 1 April 2000, by section 49 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) If, in respect of any application for the renewal of a club licence,—
(a) No objection is filed within the prescribed time; and
(b) No report filed with the District Licensing Agency under section 66 of this Act raises any matter in opposition to the application,—
the District Licensing Agency shall renew the licence for a further period of 3 years on—
(c) the conditions presently attaching to it; or
(d) such different conditions, relating to any matters specified in section 60(2), as the District Licensing Agency thinks fit.
(1A) The District Licensing Agency must not exercise its power under subsection (1)(d) except in response to a request by the applicant.
(2) In respect of any application for the renewal of a club licence to which subsection (1) of this section does not apply, the Secretary of the District Licensing Agency shall forward the complete file to the Secretary of the Licensing Authority for the determination by the Authority of the application in accordance with this Act.
(3) For the purposes of this section, the complete file means—
(a) The application and any papers filed in support of the application; and
(b) A copy of the public notice of the application, and a statement of the dates of publication of the notice; and
(c) Any objection, and any papers filed in support of any objection; and
(d) Any reports made under section 66 of this Act.
Subsection (1) was amended, as from 6 April 2004, by section 19(1) Sale of Liquor Amendment Act 2004 (2004 No 21) by substituting the words “for a further period of 3 years on—”
for the words “on the conditions presently attaching to it for a further period of 3 years.”
.
Subsection (1)(c) and (1)(d) was inserted, as from 6 April 2004, by section 19(2) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (1A) was inserted, as from 6 April 2004, by section 19(3) Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (3)(d) was amended, as from 1 April 2000, by section 50 Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the word “Any”
for the word “The”
.
In considering any application for the renewal of a club licence, the Licensing Authority shall have regard to the following matters:
(a) The suitability of the licensee:
(b) The conditions attaching to the licence:
(c) The manner in which the licensee has conducted the sale and supply of liquor pursuant to the licence:
(d) Any matters dealt with in any report made under section 66 of this Act.
(1) After considering an application for the renewal of a club licence, the Licensing Authority shall—
(a) Renew the licence on the conditions presently attaching to it; or
(b) Renew the licence on such different conditions (relating to any matters specified in section 60(2) of this Act) as the Licensing Authority thinks fit; or
(c) Refuse to renew the licence.
(2) The Licensing Authority shall not exercise its powers under paragraph (b) or paragraph (c) of subsection (1) of this section except in response to—
(a) An objection duly made under section 65 of this Act; or
(b) A report duly submitted under section 66 of this Act; or
(c) A request by the applicant.
(3) On renewing a club licence, the Licensing Authority shall specify a date (being no later than 3 years after the date on which the renewal takes effect) on which the licence shall expire unless it is again renewed under this section.
Every holder of a club licence shall ensure that there is displayed at all times a copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons using the premises.
Every holder of a club licence shall appoint at least 1 manager in accordance with Part 6 of this Act.
[Repealed]
Section 72 was repealed, as from 1 April 2000, by section 51 Sale of Liquor Amendment Act 1999 (1999 No 92).
A special licence authorises the holder of the licence to sell and supply liquor, on the premises or conveyance described in the licence, to any person attending any occasion or event or series of occasions or events described in the licence.
Section 73 was substituted, as from 1 April 2000, by section 52 Sale of Liquor Amendment Act 1999 (1999 No 92).
Without limiting anything in section 73 of this Act, a special licence may be granted in accordance with this Part of this Act to the holder of an on-licence or to the holder of a club licence, authorising the holder from time to time to sell and supply liquor for consumption on the premises at any time when the premises are required to be closed for the sale of liquor, to persons attending social gatherings of any kind or kinds specified in the licence.
Section 74 was amended, as from 1 April 2000, by section 53 Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “in respect of a hotel or tavern,”
.
A special licence may be held by—
(a) Any person who has attained the age of 20 years; or
(b) Any company within the meaning of the Companies Act 1993 that is not prevented by a restriction in its constitution from selling liquor or from holding a licence under this Act; or
(ba) Any body corporate (whether incorporated in or outside New Zealand) that is authorised to sell liquor or hold a licence under this Act or under any previous enactment relating to the sale of liquor; or
(bb) Any board, organisation, or other body that is authorised by another Act to sell liquor or hold an on-licence under this Act; or
(c) Any licensing trust; or
(d) Any partnership comprising any persons, companies, or trusts referred to in paragraphs (a) to (c) of this subsection; or
(e) Any Government department or other instrument of the Crown; or
(f) Any local authority, whether or not expressly authorised by any other enactment to hold a special licence under this Act; or
(g) Any club; or
(h) Any trustee within the meaning of the Trustee Act 1956; or
(i) Any manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988, if the order authorises the manager to hold such a licence.
Paragraph (b) was originally amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by inserting the words “or the Companies Act 1993, as the case may be,”
.
Paragraph (b) was substituted, and paras (ba) and (bb) were inserted, as from 1 April 2000, by section 54(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Paragraph (f) was amended, as from 1 April 2000, by section 54(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, after the words “local authority”
, the words “, whether or not”
.
(1) Every application for a special licence shall—
(a) Be made in the name of the person who will hold the licence if the application is granted; and
(b) Be made in the prescribed form and manner; and
(c) Contain the prescribed particulars; and
(d) Be accompanied by the prescribed fee.
(2) An application in respect of any premises shall be made to the District Licensing Agency for the district in which the premises are situated.
(3) An application in respect of any conveyance shall be made to the District Licensing Agency for the district in which the applicant's principal place of business is situated.
(4) Within 10 working days after filing the application, the applicant must, if required to do so by the Secretary, ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates, unless the Secretary agrees that it is impracticable or unreasonable to do so.
Subsection (4) was substituted, as from 1 April 2000, by section 55 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) In any case where public notice of an application for a special licence is required to be given under section 76(4) of this Act, any person who has a greater interest in the application than the public generally may object to the grant of a special licence.
(2) Every objection shall be in writing, and shall be filed with the District Licensing Agency within such period after the first publication of the public notice of the making of the application as the Secretary may require.
(3) No objection may be made in relation to any matter other than one specified in section 79(1) of this Act.
(4) The Secretary shall send a copy of every objection to the applicant.
Subsection (1) was amended, as from 1 April 2000, by section 56(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “who has attained the age of 18 years and”
.
Subsection (2) was amended, as from 1 April 2000, by section 56(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting, before the word “notice”
, the word “public”
.
(1) On receiving an application for a special licence, the Secretary shall send a copy of it, and of each document filed with it, to—
(a) The member of the Police in charge of the police station nearest to—
(i) The premises in respect of which the licence is sought; or
(ii) The Secretary's office, where the licence is sought in respect of a conveyance; and
(b) An inspector.
(2) The inspector must inquire into and file with the District Licensing Agency a report on the application.
(3) The Police must inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
(4) The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after sending the application to them, the Police have no matters in opposition to the application.
(5) The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
Subsections (2) to (4) were substituted, and subsection (5) was inserted, as from 1 April 2000, by section 57 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) In considering any application for a special licence, the District Licensing Agency shall have regard to the following matters:
(a) The nature of the particular occasion or event or series of occasions or events in respect of which the licence is sought:
(b) The suitability of the applicant:
(c) The days on which and the hours during which the applicant proposes to sell liquor:
(d) The areas of the premises or conveyance, if any, that the applicant proposes should be designated as restricted areas or supervised areas:
(e) The steps proposed to be taken by the applicant to ensure that the requirements of this Act in relation to the sale of liquor to prohibited persons are observed:
(f) The applicant's proposals relating to—
(i) The sale and supply of non-alcoholic refreshments and food; and
(ii) The sale and supply of low-alcohol beverages; and
(iii) The provision of assistance with or information about alternative forms of transport from the licensed premises:
(g) Any reports made under section 78 of this Act.
(2) The District Licensing Agency shall not take into account any prejudicial effect that the grant of the licence may have on the business conducted pursuant to any other licence.
Subsection (1)(f) was substituted, as from 1 April 2000, by section 58(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (1)(g) was amended, as from 1 April 2000, by section 58(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the word “Any”
for the word “The”
.
(1) It shall be a condition of every special licence that the licensee has available for consumption on the premises or conveyance a reasonable range of non-alcoholic refreshments.
(2) On granting an application for a special licence, the District Licensing Agency may impose conditions relating to the following matters:
(a) The days on which and the hours during which liquor may be sold:
(b) The provision of food for consumption on the premises or conveyance:
(ba) The sale and supply of low-alcohol beverages:
(bb) The provision of assistance with or information about alternative forms of transport from the licensed premises:
(bc) Any other matter aimed at promoting the responsible consumption of liquor:
(c) The designation of the whole or any part or parts of the premises or conveyance as a restricted area or a supervised area:
(d) The steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed:
(e) The exclusion of the public:
(f) The filing of returns relating to liquor sold pursuant to the licence.
(g) The containers in which liquor may be sold.
(3) In determining the conditions to be imposed under subsection (2)(a) of this section,—
(a) The District Licensing Agency shall have regard to the days on which and the times at which persons will be participating in the occasion or event or series of occasions or events in respect of which the licence is sought, and the nature of the activities to be conducted on those occasions or during those events; and
(b) The District Licensing Agency may have regard to the site of the premises in relation to neighbouring land use and, where the premises are located in a building, to whether—
(i) The building has an evacuation scheme for public safety which meets the requirements of section 21A of the Fire Service Act 1975; or
(ii) The building, by reason of the activity which is associated with the issue of the licence, requires an evacuation scheme for public safety which meets the requirements of section 21A of the Fire Service Act 1975.
Subsections (2)(ba) to (bc) were inserted, as from 1 April 2000, by section 59(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (2)(g) was inserted, as from 1 April 2000, by section 59(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3)(b) was substituted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
(1) A special licence shall not oblige the licensee to serve liquor at any time or to any person.
(2) Subsection (1) of this section applies subject to the Human Rights Act 1993.
Subsection (2) was substituted, as from 1 February 1994, by section 145 Human Rights Act 1993 (1993 No 82).
(1) Subject to subsections (2) and (3) of this section, a special licence shall continue in force as follows:
(a) In the case of a licence granted for one occasion or event, for the day or days on which that occasion or event occurs:
(b) In the case of a licence granted for a series of occasions or events, for the period during which that series occurs:
(c) In the case of a special licence granted under section 74 of this Act, for such period not exceeding 12 months as the District Licensing Agency may specify on granting the licence.
(2) If, in the case of a licence granted for one occasion or event, the occasion or event is postponed to any day not specified in the licence, the licence shall have effect in respect of the day on which the occasion or event is held.
(3) A licence granted in respect of a series of occasions or events shall not continue in force for longer than 12 months.
Subsection (1)(a) was amended, as from 1 April 2000, by section 60(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the word “particular”
.
Subsection (2) was amended, as from 1 April 2000, by section 60(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the word “particular”
.
On granting a special licence, the District Licensing Agency may give such directions relating to the display of the licence, and of the conditions of the licence, as the Agency thinks necessary or desirable; and, where any such directions are given, the holder of the licence shall ensure that they are complied with.
(1) Subject to subsection (2) of this section, every company, licensing trust, partnership, Government department or other instrument of the Crown, local authority, or club who holds a special licence shall appoint at least 1 manager in accordance with Part 6 of this Act.
(2) The District Licensing Agency may exempt the holder of any special licence from the requirements of subsection (1) of this section if it is satisfied that the licensee, or some other person nominated by the licensee, will manage the conduct of the sale of liquor pursuant to the licence.
(3) Any other holder of a special licence may appoint a manager or managers in accordance with Part 6 of this Act.
(1) For the purposes of this Act, there shall be an authority to be called the Liquor Licensing Authority.
(2) The Licensing Authority shall consist of 3 or 4 persons, to be appointed by the Governor-General on the recommendation of the Minister, of whom 1 shall be a District Court Judge who shall be appointed as the chairperson of the Authority.
(3) No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by virtue merely of his or her appointment to the Authority.
(4) The powers of the Authority shall not be affected by any vacancy in its membership.
(1) Except as otherwise provided in this Act, a member of the Licensing Authority holds office for a term stated by the Governor-General on his or her appointment. A member may be reappointed.
(1A) Except as provided in subsection (1B), the term stated must be 5 years.
(1B) The term stated may be less than 5 years if—
(a) at the time of the appointment concerned—
(i) 2 or 3 members hold office; and
(ii) each of them was appointed for a term of 5 years; and
(b) only 1 member is appointed at that time.
(2) Notwithstanding anything in subsection (1) of this section, every member of the Authority, unless that member sooner vacates office under section 87 of this Act, shall continue in office until his or her successor comes into office.
Subsection (1) was substituted and subsection (1A) and (1B) were inserted, as from 27 September 2001, by section 3 Sale of Liquor Amendment Act 2001 (2001 No 79).
(1) Any member of the Licensing Authority may resign from office at any time by written notice given to the Minister.
(2) Any member of the Authority may be removed from office at any time by the Governor-General for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.
Subsection (2) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “inability to perform the functions of the office”
for the word “disability”
.
(1) In any case in which the Governor-General is satisfied that the chairperson or any other member of the Licensing Authority is incapacitated by illness, absence, or other sufficient cause from performing the duties of office, or where the chairperson or any other member notifies the Minister that in his or her opinion it is not proper that he or she should act in any particular proceeding, the Governor-General may, on the recommendation of the Minister, appoint a person to act as the deputy of the chairperson or of the member during the period of incapacity or (as the case may require) for the purposes of that proceeding.
(2) Any deputy shall, while acting as such, be deemed to be a member of the Authority, and the deputy of the chairperson shall have all the powers of the chairperson.
(3) No appointment of a deputy and no acts done by a deputy as such, and no acts done by the Authority while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased.
There shall be paid out of money appropriated by Parliament for the purpose to the members of the Licensing Authority remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
(1) There shall from time to time be appointed under the State Sector Act 1988 a Secretary of the Licensing Authority and such other employees as may be necessary for the efficient carrying out of the functions of the Authority under this Act.
(2) The Authority may from time to time, with the authority of the Minister, engage, under a contract for services, such professional and technical and other assistance as it may consider necessary to enable it to carry out its functions.
The principal functions of the Licensing Authority shall be as follows:
(a) To consider and determine such applications for the grant of on-licences, off-licences, and club licences as may be referred to it by any District Licensing Agency in accordance with this Act:
(b) To consider and determine such applications for renewal of on-licences, off-licences, and club licences as may be referred to it by any District Licensing Agency in accordance with this Act:
(c) To consider and determine such applications for the grant of managers' certificates as may be referred to it by any District Licensing Agency in accordance with this Act:
(d) To consider and determine such applications for renewal of managers' certificates as may be referred to it by any District Licensing Agency in accordance with this Act:
(e) To consider and determine appeals from decisions of District Licensing Agencies in accordance with this Act:
(f) Such other functions as may be conferred on the Authority by or under this Act or any other enactment.
Paragraphs (a) to (c) were substituted, as from 1 April 2000, by section 61 Sale of Liquor Amendment Act 1999 (1999 No 92).
The Licensing Authority shall have all such powers as are conferred on it by or under this Act or any other enactment, and all such other powers as may be reasonably necessary to enable it to exercise its jurisdiction and perform its functions satisfactorily.
Where any person is in doubt as to the appropriate District Licensing Agency with which to file any application or to which to make any application under this Act, that person may apply for directions to the Licensing Authority, and any direction by the Licensing Authority on such an application shall have effect according to its tenor.
(1) The Licensing Authority may from time to time appoint one of its members or any other qualified person, not being an inspector, to investigate and report to the Authority on such matters as are referred to that person for the purpose of the proper exercise of its powers or functions under this Act.
(2) Every person commits an offence and is liable to a fine not exceeding $2,000 who, having the custody or possession of any books, papers, accounts, or other documents relevant to any matter to be investigated under this section, refuses or fails to allow the person conducting the investigation to have access to the documents, or who obstructs any such person in the making of the investigation.
Subsection (2) was amended, as from 1 December 1999, by section 62 Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the expression “$2,000”
for the expression “$1,000”
.
(1) The Licensing Authority may from time to time request any District Licensing Agency to inquire into and report to the Authority on any matter within the scope of the Authority's functions.
(2) When making any report under this section, the District Licensing Agency shall send to the Authority notes of any evidence taken before it in any such inquiry, together with any written submissions made to it, and may make such recommendations on the matter as it thinks fit.
(3) On the receipt of any report made by a District Licensing Agency under this section, the Authority may make any decision or order as if it had itself heard the proceedings, or may hear any further submissions or evidence on the matter before making any such decision or order.
(1) The Licensing Authority may from time to time issue to District Licensing Agencies a statement setting out its views on the general administration of this Act or the policy to be followed in the administration of the Act or any provisions of it, or any information obtained by the Authority from any inquiry held by it or from any other source.
(2) No such statement shall relate to any matter that may be a ground for an appeal against a decision of a District Licensing Agency.
(3) In the exercise of its functions under this Act, every District Licensing Agency must observe any statement issued under this section.
Subsection (3) was substituted, as from 1 April 2000, by section 63 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Meetings of the Licensing Authority shall be held at such times and places as the Authority or the chairperson from time to time appoints.
(2) At all meetings of the Authority, 2 members shall constitute a quorum.
(3) At any meeting at which the chairperson is present, he or she shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
(4) The decision of the Authority on any matter shall be determined by a majority of the valid votes recorded on it.
(1) Within 3 months after the end of every financial year, the Licensing Authority shall prepare and send to the Minister a report—
(a) Of the Authority's proceedings and operations during the year; and
(b) On the working of this Act and the desirability or otherwise of amending it.
(2) The Minister shall lay a copy of the report before the House of Representatives within 20 sitting days after the date on which the Minister receives it.
(1) For the purposes of this Act, each local authority shall be the District Licensing Agency for its district.
(2) Except as otherwise provided in this Act, in exercising its powers as the District Licensing Agency a local authority shall be governed by the provisions of the Local Government Act 2002.
Subsection (2) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “Local Government Act 2002”
for the words “Local Government Act 1974”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
The principal functions of a District Licensing Agency shall be as follows:
(a) To consider and determine such applications for the grant of on-licences, off-licences, and club licences as it is not required by this Act to forward for determination by the Licensing Authority:
(b) To grant such applications for renewal of on-licences, off-licences, and club licences or for the variation of conditions as it is not required by this Act to forward for determination by the Licensing Authority:
(c) To consider and determine applications for temporary authority to carry on the sale and supply of liquor in accordance with section 24 or section 47 of this Act:
(d) To consider and determine applications for special licences in accordance with this Act:
(e) To grant such applications for renewal of managers' certificates as it is not required by this Act to forward for determination by the Licensing Authority:
(f) To conduct such inquiries and to make such reports as may be required of it by the Licensing Authority under section 95 of this Act:
(g) Such other functions as may be conferred on the District Licensing Agency by or under this Act or any other enactment.
Paragraphs (a) and (b) were substituted, as from 1 April 2000, by section 64 Sale of Liquor Amendment Act 1999 (1999 No 92).
A District Licensing Agency shall have all such powers as are conferred on it by or under this Act or any other Act, and all such other powers as may be reasonably necessary to enable it to exercise its jurisdiction and perform its duties satisfactorily.
For the purposes of this Act, the chief executive of the local authority shall be the Secretary of the District Licensing Agency.
Section 102 was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “chief executive”
for the words “principal administrative officer”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
(1) For the purposes of this Act, the District Licensing Agency shall appoint one or more inspectors.
(2) Inspectors shall have the powers conferred on them by or under this Act.
(3) The fact that any person is in the employment of the local authority shall not be a bar to his or her appointment as an inspector.
(1) Any local authority may delegate to any committee appointed under clause 30 of Schedule 7 of the Local Government Act 2002 such of its powers, duties, and discretions under this Act as it considers necessary.
(2) A committee to which any such powers, duties, or discretions have been delegated may, with the approval of the local authority, subdelegate to the Secretary or to any subcommittee such of those powers, duties, and discretions as relate to any matter that is the subject of an application to which no objections have been received.
(3) All delegations and subdelegations under this section shall be in writing, and shall state each power, duty, and discretion being delegated or subdelegated.
(4) Copies of all such delegations and subdelegations shall be kept in the office of the local authority and shall be available for inspection during ordinary business hours.
(5) Every delegation or subdelegation made under this section shall be revocable at will, and no such delegation or subdelegation shall prevent the exercise of any power, duty, or discretion by the local authority or committee making the delegation or subdelegation.
(6) Subject to any general or special directions given or conditions attached by the local authority or committee making the delegation or subdelegation, the committee or subcommittee or the Secretary to which or to whom any powers, duties, or discretions are delegated or subdelegated may exercise those powers, duties, and discretions in the same manner and with the same effect as if they had been conferred directly by this section and not by delegation or subdelegation.
(7) Until a delegation or subdelegation made under this section is revoked, it shall continue in force according to its tenor.
(8) Where any committee or subcommittee or the Secretary purports to act pursuant to a delegation or subdelegation made under this section, that committee or subcommittee or the Secretary shall be presumed to be acting in accordance with the terms of the delegation or subdelegation in the absence of proof to the contrary.
Subsection (1) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “clause 30 of Schedule 7 of the Local Government Act 2002”
for the words “sections 114P and 114Q of the Local Government Act 1974”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
(1) Within 3 months after the end of every financial year, every District Licensing Agency shall prepare and send to the Licensing Authority a report of the District Licensing Agency's proceedings and operations during the year.
(2) The Licensing Authority or the District Licensing Agency shall supply a copy of each such report to any person who requests it on payment of such reasonable fee as the Authority or Agency may prescribe.
(1) If no objection to an application is filed within the prescribed time, the Licensing Authority or (in the case of any matter within the jurisdiction of a District Licensing Agency) the District Licensing Agency may either grant the application on the papers or convene a public hearing to consider the application.
(2) Where an objection is filed within the prescribed time, the Licensing Authority or the District Licensing Agency must convene a public hearing to consider the application, unless—
(a) The application is withdrawn; or
(b) Having considered the application, the Licensing Authority or District Licensing Agency believes that the objection is vexatious or based on grounds outside the scope of this Act; or
(c) The objector does not require a public hearing.
(3) The Licensing Authority or the District Licensing Agency shall give at least 10 working days' notice of the public hearing to—
(a) The applicant; and
(b) Each objector; and
(c) The member of the Police, the inspector, the member of the fire service, and the Medical Officer of Health, to whom a copy of the application has been sent in accordance with this Act.
(4) Each of the persons referred to in subsection (3) of this section shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses.
Subsection (2) was substituted, as from 1 April 2000, by section 65 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Whenever the Licensing Authority meets for the purpose of hearing any appeal, or the Authority or any District Licensing Agency meets for the purposes of exercising any power or function that it is authorised or required by this Act to exercise at a public sitting, the meeting shall, except in a case to which section 106(1) of this Act applies and subject to the provisions of subsections (3) and (4) of this section, be held in public.
(2) Any other meeting of the Authority or of any District Licensing Agency may, in the discretion of the Authority or Agency, be held in public or in private.
(3) Whenever the Authority or Agency holds a public sitting it may in its discretion hold any part of the sitting in private if, having regard to the interests of persons appearing and being heard and to the public interest, it thinks it proper to do so.
(4) The Authority or Agency may in any case deliberate in private as to its decision on any matter or as to any question arising in the course of any proceedings.
(5) The Authority or Agency may make an order prohibiting the publication of any report or description of any part of the proceedings in any matter before it; but no such order shall be made prohibiting the publication of the names and descriptions of the parties to the matter, or of particulars of any premises affected.
(6) In any proceedings before the Authority, any counsel or solicitor engaged by the Authority pursuant to this Act may appear and be heard as counsel assisting the Authority.
(7) Any decision, order, direction, certificate, or other document issued by the Authority or Agency may be signed on its behalf by the chairperson or the secretary.
(8) Subject to the provisions of this Act and of any regulations made under this Act, the Authority or Agency may regulate its procedure in such manner as it thinks fit.
In any proceedings before the Licensing Authority or a District Licensing Agency the following persons may appear and be heard:
(a) Any inspector under this Act:
(b) Any member of the Police:
(c) Any Medical Officer of Health within the meaning of the Health Act 1956:
(d) Any member of the fire service established under the Fire Service Act 1975 authorised to undertake fire safety inspections:
(e) Any person authorised in that behalf by any local authority:
(f) Any other person who satisfies the Authority or the Agency that he or she has an interest in the proceedings, apart from any interest in common with the public.
Section 108 was amended, as from 1 April 2000, by section 66 Sale of Liquor Amendment Act 1999 (1999 No 92) by omitting the words “Except in a case to which section 106(1) of this Act applies,”
.
(1) The Licensing Authority or a District Licensing Agency may receive as evidence any statement, document, information, or matter that in its opinion may assist it to deal effectually with any matter before it, whether or not the statement, document, or matter would be admissible in a Court of law.
(2) Subject to the foregoing provisions of this section, the Evidence Act 2006 shall apply to the Authority or the Agency and to the members of the Authority or Agency, and to all proceedings before the Authority or Agency, in the same manner as if the Authority or the Agency were a Court within the meaning of that Act.
Subsection (2) was amended, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69) by substituting “Evidence Act 2006”
for “Evidence Act 1908”
. See clause 2(2) Evidence Act 2006 Commencement Order 2007 (2007/190).
(1) The Licensing Authority and every District Licensing Agency shall each, within the scope of its jurisdiction, be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act and of any regulations made under this Act, the provisions of that Act shall apply accordingly.
(2) For the purposes of this section, the power to issue summonses requiring the attendance of witnesses before the Authority or Agency or the production of documents, or to do any other act preliminary or incidental to the hearing of any matter by the Authority or Agency may be exercised by the chairperson, or by the secretary purporting to act by direction or with the authority of the chairperson.
(3) In addition to its powers under the Commissions of Inquiry Act 1908, the Authority or any Agency may at any time if it thinks fit rehear any matter that has been determined by it.
Where any person has neglected or omitted to do any act or thing in the precise manner or within the precise time prescribed by this Act, the Authority or (as the case may require) the Agency or the chairperson, if satisfied that the neglect or omission was not wilful, may, by certificate signed by the chairperson, waive the same on such terms as they think equitable.
(1) The Authority or any Agency may state a case for the opinion of the High Court on any question of law arising in any proceedings before it.
(2) [Repealed]
(3) The provisions of section 78 of the Summary Proceedings Act 1957, so far as they are applicable and with the necessary modifications, shall apply to any case stated under this section as if the reference in subsection (3) of that section to either party were a reference to any party to the proceedings before the Authority or Agency.
Subsection (2) was repealed, as from 15 August 1991, by section 3(4) Judicature Amendment Act 1991 (1991 No 60).
Every decision of the Licensing Authority or of a District Licensing Agency, and the reasons for the decision, shall be recorded in writing, and a copy shall be given to—
(a) The applicant; and
(b) Each objector who appeared at the hearing; and
(c) Any other objector who requests a copy; and
(d) Each person referred to in section 106(3)(c) of this Act.
(1) Where the Licensing Authority or a District Licensing Agency grants an application for a licence, the Secretary shall issue the licence as soon as the Secretary is satisfied that any requirement imposed by the Licensing Authority or the District Licensing Agency as a condition of the grant of the application has been met.
(2) No premises or conveyance shall be deemed for the purposes of this Act to be licensed premises until the licence is issued.
(1) At all times when liquor is being sold or supplied to the public on any licensed premises a manager must be on duty.
(2) A manager on duty in respect of licensed premises is responsible for—
(a) The compliance with and enforcement of—
(i) The provisions of this Act; and
(ii) The conditions of the licence in force in respect of the premises; and
(b) The conduct of the premises with the aim of contributing to the reduction of liquor abuse.
(3) At all times while a manager is on duty in respect of any licensed premises, the name of the manager must be prominently displayed inside the premises so as to be easily read by persons using the premises; and the person so named at any time is to be treated for the purposes of this Act as the manager at that time.
(4) At all times when liquor is being sold or supplied on licensed premises the licensee must take all reasonable steps to enable the manager to comply with this section.
Subsection (1) was substituted, as from 1 April 2000, by section 67(1) Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3) was inserted, as from 1 April 2000, by section 67(2) Sale of Liquor Amendment Act 1999 (1999 No 92).
Section 115 was substituted, as from 1 April 2006, by section 120 Sale of Liquor Amendment Act 1999 (1999 No 92). See clause 2 Sale of Liquor Amendment Act 1999 Commencement Order 2005 (SR 2005/26).
No person is to be appointed as a manager of any licensed premises for the purposes of this Act unless the person holds a manager's certificate granted under this Part.
Sections 116 and 117 were substituted, as from 1 April 2006, by section 121 Sale of Liquor Amendment Act 1999 (1999 No 92). See clause 2 Sale of Liquor Amendment Act 1999 Commencement Order 2005 (SR 2005/26).
(1) Every manager's certificate must be either a general manager's certificate or a club manager's certificate.
(2) A general manager's certificate authorises the holder to manage any licensed premises.
(3) A club manager's certificate authorises the holder to manage any licensed premises in respect of which only a club licence or a special licence is in force.
Sections 116 and 117 were substituted, as from 1 April 2006, by section 121 Sale of Liquor Amendment Act 1999 (1999 No 92). See clause 2 Sale of Liquor Amendment Act 1999 Commencement Order 2005 (SR 2005/26).
Subsection (3) was amended, as from 1 April 2006, by section 20 Sale of Liquor Amendment Act 2004 (2004 No 21) by inserting the words “or a special licence”
after the words “club licence”
. See clause 2 Sale of Liquor Amendment Act 1999 Commencement Order 2005 (SR 2005/26).
(1) The Licensing Authority or District Licensing Agency must not issue or renew a general manager's certificate on or after the commencement of this section unless the manager holds a prescribed qualification.
(2) In this section, prescribed qualification means—
(a) a qualification prescribed by regulations made under this Act; or
(b) the successful completion of a course of training, the requirements or criteria of which have been prescribed by regulations made under this Act.
Section 117A was inserted, as from 1 April 2006, by section 121 Sale of Liquor Amendment Act 1999 (1999 No 92). See clause 2 Sale of Liquor Amendment Act 1999 Commencement Order 2005 (SR 2005/26).
Section 117A was substituted, as from 1 April 2006, by section 21 Sale of Liquor Amendment Act 2004 (2004 No 21). See clause 2 Sale of Liquor Amendment Act 1999 Commencement Order 2005 (SR 2005/26).
(1) Every application for a managers' certificate shall—
(a) Be made in the name of the person who will hold the certificate if the application is granted; and
(b) Be made in the prescribed form and manner; and
(c) Contain the prescribed particulars; and
(d) Be accompanied by the prescribed fee.
(2) An application shall be filed with the following District Licensing Agency:
(a) Where the applicant intends to be the manager of any particular licensed premises, the District Licensing Agency with which the application for the licence was filed; or
(b) In any other case, the District Licensing Agency for the district in which the applicant is residing.
(1) On receiving an application for a manager's certificate, the Secretary shall send a copy of it, and of each document filed with it, to—
(a) The member of the Police in charge of the police station nearest to—
(i) The premises, where the applicant intends to be the manager of any particular premises; or
(ii) The Secretary's office, where the applicant intends to be the manager of any particular conveyance; or
(iii) The applicant's place of residence in any other case; and
(b) An inspector.
(2) The inspector must inquire into and file with the District Licensing Agency a report on the application.
(3) The Police must inquire into and, if they have any matters in opposition, file a report on the application within 15 working days after receiving the application.
(4) The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after the application is referred to the Police, they have no matters in opposition to the application.
(5) The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
Subsections (2) and (3) were substituted, and subsections (4) and (5) were inserted, as from 1 April 2000, by section 68 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) If, in respect of any application for a manager's certificate, no matter in opposition is filed under section 119, the District Licensing Agency must determine the application in accordance with this Act.
(2) In any other case, the Secretary of the District Licensing Agency must forward the complete file to the Secretary of the Licensing Authority, and the Licensing Authority must determine the application in accordance with this Act.
(3) For the purposes of this section, the complete file means—
(a) The application and any papers filed in support of the application; and
(b) Any reports made under section 119.
Section 120 was substituted, as from 1 April 2000, by section 69 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) In considering any application for a general manager's certificate, the Licensing Authority or District Licensing Agency, as the case may be, must have regard to the following matters:
(a) The character and reputation of the applicant:
(b) Any convictions recorded against the applicant:
(c) Any experience, in particular recent experience, that the applicant has had in controlling any premises or conveyance in respect of which a licence was in force:
(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence that the applicant holds the prescribed qualification required under section 117A:
(e) Any matters dealt with in any report made under section 119.
(2) In considering any application for a club manager's certificate, the Licensing Authority or District Licensing Agency, as the case may be, must have regard to the following matters:
(a) The character and reputation of the applicant:
(b) Any convictions recorded against the applicant:
(c) Any experience, in particular recent experience, that the applicant has had in managing any premises in respect of which a licence was in force:
(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:
(e) Any matters dealt with in any report made under section 119:
(f) Where the applicant intends to be the manager of a particular club, the extent of the applicant's involvement in the management and activities of the club.
Section 121 was substituted, as from 1 April 2000, by section 70 Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (1) was substituted, as from 1 April 2006, by section 122 Sale of Liquor Amendment Act 1999 (1999 No 92). See clause 2 Sale of Liquor Amendment Act 1999 Commencement Order 2005 (SR 2005/26).
(1) Every manager's certificate shall continue in force—
(a) Until the close of the period of 1 year commencing with the date of its issue; or
(b) If an application for the renewal of the certificate is duly made, until the application is determined.
(2) Subsection (1) of this section applies subject to—
(a) The requirements of this Act relating to the payment of fees; and
(b) The provisions of this Act relating to the suspension and cancellation of managers' certificates.
(1) The holder of a manager's certificate may apply in accordance with this section for the renewal of the certificate.
(2) Every application for the renewal of a manager's certificate shall—
(a) Be filed with—
(i) The District Licensing Agency for the district in which the applicant is presently employed as a manager; or
(ii) Where the applicant is no longer employed as a manager, the District Licensing Agency for the district in which the applicant is residing; and
(b) Be made before the date of the expiry of the certificate; and
(c) Be made in the prescribed form and manner; and
(d) Contain the prescribed particulars; and
(e) Be accompanied by the prescribed fee.
(1) On receiving an application for the renewal of a manager's certificate, the Secretary shall send a copy of it, and of each document filed with it, to—
(a) The member of the Police in charge of the police station nearest to—
(i) The premises, where the applicant is the manager of any particular premises; or
(ii) The Secretary's office, where the applicant is the manager of any particular conveyance; or
(iii) The applicant's place of residence, in any other case; and
(b) An inspector.
(2) The inspector must inquire into and file with the District Licensing Agency a report on the application.
(3) The Police must inquire into and, if they have any matters in opposition, file a report on the application within 15 working days after receiving the application.
(4) The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after the application is referred to the Police, they have no matters in opposition to the application.
(5) The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
Subsections (2) and (3) were substituted, and subsections (4) and (5) were inserted, as from 1 April 2000, by section 71 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) If, in respect of any application for the renewal of a manager's certificate, no report filed with the District Licensing Agency under section 124 of this Act raises any matter in opposition to the application, the District Licensing Agency shall renew the certificate on the conditions presently attaching to it for a further period of 3 years.
(1A) However, if the District Licensing Agency renews a general manager's certificate during the period specified in subsection (1B) and the certificate is for a manager who does not hold a prescribed qualification referred to in section 117A (as substituted by the Sale of Liquor Amendment Act 2004), the District Licensing Agency must renew the certificate for a further period of 2 years.
(1B) The period—
(a) begins 1 month after an Order in Council is made appointing a commencement date for Part 2 of the Sale of Liquor Amendment Act 1999; and
(b) ends on the close of the day before that commencement date.
(2) In respect of any application for the renewal of a manager's certificate to which subsection (1) of this section does not apply, the Secretary of the District Licensing Agency shall forward the complete file to the Secretary of the Licensing Authority for the determination by the Authority of the application in accordance with this Act.
(3) For the purposes of this section, the complete file means—
(a) The application and any papers filed in support of the application; and
(b) Any reports made under section 124 of this Act.
Subsections (1A) and (1B) were inserted, as from 6 April 2004, by section 22 Sale of Liquor Amendment Act 2004 (2004 No 21).
Subsection (3)(b) was amended, as from 1 April 2000, by section 72 Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the word “Any”
for the word “The”
.
In considering any application for the renewal of a manager's certificate, the Licensing Authority shall have regard to the following matters:
(a) The character and reputation of the applicant:
(b) Any convictions recorded against the applicant since the certificate was issued or last renewed:
(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence with the aim of contributing to the reduction of liquor abuse:
(d) Any matters dealt with in any report made under section 124 of this Act.
Paragraph (c) was amended, as from 1 April 2000, by section 73 Sale of Liquor Amendment Act 1999 (1999 No 92) by inserting the words “with the aim of contributing to the reduction of liquor abuse”
.
(1) After considering an application for the renewal of a manager's certificate, the Licensing Authority shall either renew the certificate or refuse to renew it.
(2) If it renews the certificate, the Licensing Authority shall specify a date (being no later than 3 years after the date on which the renewal takes effect) on which the certificate shall expire unless it is again renewed under this section.
(3) However, if the Licensing Authority renews a general manager's certificate during the period specified in subsection (4) and the certificate is for a manager who does not hold a prescribed qualification referred to in section 117A (as substituted by the Sale of Liquor Amendment Act 2004), the Licensing Authority must specify an expiry date that is no later than 2 years after the date on which the renewal takes effect.
(4) The period—
(a) begins 1 month after an Order in Council is made appointing a commencement date for Part 2 of the Sale of Liquor Amendment Act 1999; and
(b) ends on the close of the day before that commencement date.
Subsections (3) and (4) were inserted, as from 6 April 2004, by section 23 Sale of Liquor Amendment Act 2004 (2004 No 21).
(1) In any case where a manager is ill or is absent for any reason, or is dismissed, or resigns, the licensee may appoint as a temporary manager a person who is not then the holder of a manager's certificate.
(2) The appointee shall, within 2 working days after the appointment, apply for a manager's certificate; and, if such an application is made, the temporary manager shall, from the time of the appointment until the application is determined, be deemed for the purposes of this Act to be the holder of a manager's certificate.
(3) If the appointee does not apply for a manager's certificate within that period of 2 working days, or if the application is refused, the licensee shall cease to employ the appointee as a manager.
(1) Notwithstanding any other provision of this Act, a licensee may appoint an acting manager—
(a) For any period not exceeding 3 weeks at any one time where the licensee or a manager is unable to act because of illness or absence; and
(b) For periods not exceeding in the aggregate 6 weeks in each period of 12 months to enable the licensee or a manager to have a vacation or annual leave.
(2) Every person appointed as an acting manager in accordance with this section shall, while the appointment continues, be deemed for the purposes of this Act to be the holder of a manager's certificate, and it shall not be necessary for that person to apply for or hold such a certificate.
(1) A licensee must give notice, in accordance with subsection (1A), of the appointment, or the cancellation or termination of the appointment, of any manager, temporary manager, or acting manager.
(1A) Notice is given in accordance with this subsection if the notice is given within 2 working days after the appointment, or the cancellation or termination of the appointment, to—
(a) The Licensing Authority; and
(b) The District Licensing Agency with which the application for the licence was filed; and
(c) The member of the Police in charge of the police station nearest to—
(i) The premises, where the licence is in force in respect of any premises; or
(ii) The office of the District Licensing Agency with which the application was filed, where the licence is in force in respect of any conveyance.
(2) It shall not be necessary to comply with subsection (1) of this section in respect of the appointment of a temporary manager or an acting manager for any period not exceeding 48 hours.
(3) The Licensing Authority may, within 5 working days after receiving a notice of the appointment of any temporary manager or acting manager, notify the licensee that it does not approve the appointment, in which case it shall give a copy of the notice to the member of the Police referred to in subsection (1A)(c) of this section.
(4) On receiving notice under subsection (3) of this section, the licensee shall terminate the appointment with effect from a date not later than 5 working days after the date of the notice.
Subsection (1)(aa) was inserted, as from 2 September 1996, by section 2 Sale of Liquor Amendment Act 1996 (1996 No 143).
Subsection (1) was substituted, and subsection (1A) was inserted, as from 1 April 2000, by section 74 Sale of Liquor Amendment Act 1999 (1999 No 92).
Subsection (3) was amended, as from 6 April 2004, by section 24 Sale of Liquor Amendment Act 2004 (2004 No 21) by substituting the expression “subsection (1A)(c)”
for the expression “subsection (1)(b)”
.
(1) Any inspector may at any reasonable time enter on and inspect any licensed premises, or any part of any licensed premises, to ascertain whether the licensee or any manager is complying with the conditions of the licence.
(2) Any inspector who exercises the power conferred by subsection (1) of this section shall carry a warrant of authority and evidence of identity, and shall produce those documents—
(a) On first entering the licensed premises to the person appearing to be in charge of the premises; and
(b) Whenever subsequently required to do so on the licensed premises by any other person appearing to be in charge of the premises or any part of them.
(3) For the purposes of exercising the power conferred by this section, an inspector may—
(a) Require the production of any licence, or any book, notice, record, list, or other document that is required by this Act to be kept, and examine and make copies of it; and
(b) Require the licensee or manager to provide any information or assistance reasonably required by the inspector relating to any matter within the duties of the licensee or manager.
(4) Every person commits an offence and is liable to a fine not exceeding $2,000 who, without reasonable excuse, refuses or fails to admit to any licensed premises any inspector who demands entry under this section.
(5) Every person commits an offence and is liable to a fine not exceeding $2,000 who, being the licensee or a manager of any licensed premises, without reasonable excuse, refuses or fails—
(a) To produce the licence or any document when required to do so under paragraph (a) of subsection (3) of this section; or
(b) To provide any assistance or information when required to do so under paragraph (b) of that subsection.
Subsection (4) was amended, as from 1 December 1999, by section 75(1) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the expression “$2,000”
for the expression “$1,000”
.
Subsection (5) was amended, as from 1 December 1999, by section 75(2) Sale of Liquor Amendment Act 1999 (1999 No 92) by substituting the expression “$2,000”
for the expression “$1,000”
.
(1) Where an Inspector believes that any building or sitework does not comply with the Building Act 2004, the Inspector shall by notice in writing give to the appropriate territorial authority details of the respects in which the building or sitework is believed not to comply.
(2) For the purposes of this section, the terms building, sitework, and territorial authority have the meanings ascribed to them by the Building Act 2004.
Section 131A was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
The heading to s 131A was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “Building Act 2004”
for the words “Building Act 1991”
. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
Section 131A was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “Building Act 2004”
for the words “Building Act 1991”
in both places where they appear.. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
(1) Any member of the Police or any inspector may at any time apply to the Licensing Authority in accordance with this section for an order—
(a) Varying or revoking any condition of a licence, other than a special licence, imposed by the Licensing Authority or a District Licensing Agency, or imposing any new condition (relating to any matters specified in section 14(5) or section 37(4) or section 60(2) of this Act); or
(b) Suspending the licence; or
(c) Cancelling the licence.
(2) Every application for an order under this section shall—
(a) Be made in the prescribed form and manner; and
(b) Contain the prescribed particulars; and
(c) Be made to the Licensing Authority.
(3) The grounds on which an application for an order under this section may be made are as follows:
(a) That the licensed premises have been conducted in breach of any of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:
(b) That the conduct of the licensee is such as to show that he or she is not a suitable person to hold the licence:
(c) The licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public.
(4) The Secretary shall—
(a) Send a copy of the application to the licensee; and
(b) Fix the earliest practicable date for a public hearing of the application; and
(c) Give at least 10 working days' notice of the date, time, and place of the hearing to the applicant and the licensee.
(5) The applicant and the licensee shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses.
(6) If the Licensing Authority is satisfied that any of the grounds specified in subsection (3) of this section is established and that it is desirable to make an order under this section, it may, by order,—
(a) Vary or revoke any condition of the licence imposed by the Licensing Authority or a District Licensing Agency; or
(b) Impose any new condition (relating to any matter specified in section 14(5) or section 37(4) or section 60(2) of this Act); or
(c) Suspend the licence for such period not exceeding 6 months as the Licensing Authority thinks fit; or
(d) Cancel the licence.
(7) Instead of making an order under subsection (6) of this section, the Licensing Authority may adjourn the application for such period as it thinks fit to give the licensee an opportunity to remedy any matters that the Licensing Authority may require to be remedied within that period.
Subsection (1)(a) was amended, as from 19 December 2002, by section 3(1) Sale of Liquor Amendment Act 2002 (2002 No 75) by inserting the words “or a District Licensing Agency”
after the word “Authority”
.
Subsection (6)(a) was amended, as from 19 December 2002, by section 3(2) Sale of Liquor Amendment Act 2002 (2002 No 75) by inserting the words “or a District Licensing Agency”
after the word “Authority”
.
(1) This section applies in respect of an offence committed—
(2) A member of the Police must, immediately after the licensee or manager or person has been convicted of the offence, send a report to the Licensing Authority.
(3) The report must include—
(a) A certificate of the conviction from the Registrar of the court concerned; and
(b) A summary of the evidence on which the conviction was based; and
(c) A statement by the Police as to whether or not the licensed premises concerned have been conducted in breach of any other provisions of this Act or of any conditions of the licence or otherwise in an improper manner and, if so, a statement of the circumstances; and
(d) A statement by the Police as to whether or not the conduct of the licensee is such as to show that the licensee is not a suitable person to hold the licence and, if so, a statement of the circumstances; and
(e) A recommendation by the Police as to whether the licence of the licensee should be suspended or cancelled; and
(f) The reasons for the recommendation.
(4) Immediately after receiving the report, the Licensing Authority must consider it.
(5) If, after considering the report, the Licensing Authority considers that it should hold a public hearing into whether the licence held by the licensee should be suspended or cancelled, the Secretary must—
(a) Advise the licensee accordingly; and
(b) Send a copy of the report of the Police to the licensee; and
(c) Fix the earliest practicable date for a public hearing of the matter; and
(d) Give at least 10 working days' notice of the date, time, and place of the hearing to the Police and the licensee.
(6) At the hearing, the Police and the licensee (whether personally or by counsel),—
(a) Are entitled to appear and be heard; and
(b) May call, examine, and cross-examine witnesses.
(7) A certificate of the conviction included in the report of the Police under subsection (3)(a) is conclusive evidence that the licensee or manager or person committed the offence referred to in the certificate.
(8) At the conclusion of the hearing, the Licensing Authority may make an order under subsection (9) if it is satisfied that—
(a) The licensed premises concerned have been conducted in breach of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner; or
(b) The licensee is not a suitable person to hold a licence; and
(c) In either case, it is desirable to make an order under that subsection.
(9) An order made under this subsection is an order to—
(a) Suspend the licence for such period, not exceeding 6 months, as the Licensing Authority thinks fit; or
(b) Cancel the licence.
(10) Instead of making an order under subsection (9), the Licensing Authority may adjourn the hearing for such period as it thinks fit to give the licensee an opportunity to remedy any matters that the Licensing Authority may require to be remedied within the period.
Section 132A was inserted, as from 1 December 1999, by section 76 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Any member of the Police or any inspector may at any time apply to a District Licensing Agency in accordance with this section for an order—
(a) Varying or revoking any condition of a special licence imposed by the Agency, or imposing any new condition (relating to any matters specified in section 80(2) of this Act); or
(b) Suspending the licence; or
(c) Cancelling the licence.
(2) Every application for an order under this section shall—
(a) Be made in the prescribed form and manner; and
(b) Contain the prescribed particulars; and
(c) Be made to the District Licensing Agency that issued the licence.
(3) The grounds on which an application for an order under this section may be made are as follows:
(a) That the licensed premises have been conducted in breach of any of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:
(b) That the conduct of the licensee is such as to show that he or she is not a suitable person to hold the licence:
(c) The licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public.
(4) The Secretary shall—
(a) Send a copy of the application to the licensee; and
(b) Fix the earliest practicable date for a public hearing of the application; and
(c) Give at least 10 working days' notice of the date, time, and place of the hearing to the applicant and the licensee.
(5) The applicant and the licensee shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses.
(6) If the District Licensing Agency is satisfied that any of the grounds specified in subsection (3) of this section is established and that it is desirable to make an order under this section, it may, by order,—
(a) Vary or revoke any condition of the licence imposed by the Agency; or
(b) Impose any new condition (relating to any matter specified in section 80(2) of this Act); or
(c) Suspend the licence for such period not exceeding 6 months as the Agency thinks fit; or
(d) Cancel the licence.
(7) Instead of making an order under subsection (6) of this section, the District Licensing Agency may adjourn the application for such period as it thinks fit to give the licensee an opportunity to remedy any matters that the Agency may require to be remedied within that period.
(8) If the District Licensing Agency makes an order under this section, the Secretary shall send a copy of the order to the Secretary of the Licensing Authority.
(1) Where any Medical Officer of Health or any member of the fire service established under the Fire Service Act 1975 authorised to undertake fire safety inspections has reason to believe that, because of the failure of the holder of any on-licence or club licence to comply with any requirements (other than requirements under the Building Act 2004) relating to public health or to the escape of people in the event of fire (whether in accordance with an evacuation scheme for public safety which meets the requirements of section 21A of the Fire Service Act 1975 or by other means), the health of persons using the premises is likely to be injured or their safety is likely to be endangered, the Medical Officer of Health or the member of the fire service may apply to the District Licensing Agency for the suspension of the licence.
(2) The District Licensing Agency shall give notice in writing to the licensee calling upon the licensee to appear before the Agency at a time and place to be specified in the notice, being not earlier than 7 working days after the giving of the notice, to show cause why the licence should not be suspended.
(3) If, after hearing the licensee (if he or she appears), the District Licensing Agency is satisfied that the licensee has failed to comply with any requirement referred to in subsection (1) of this section, it may order the licensee to do all such things as may be necessary to meet those requirements within such reasonable time as it may specify, and, in the case of default, may suspend the licence until those requirements have been met.
(4) Notwithstanding anything in subsection (3) of this section, if, in any case to which that subsection applies, the District Licensing Agency is satisfied that, because of the licensee's failure to comply with any requirement referred to in subsection (1) of this section, the health of persons using the premises to which the application relates is likely to be injured or their safety is likely to be endangered, the Agency shall suspend the licence until it is satisfied that all things necessary or desirable to remedy the default have been done.
(5) Without limiting subsection (3) but notwithstanding subsection (4) of this section, if, in any case to which that latter subsection applies, the District Licensing Agency is satisfied—
(a) That the risk to the health or the danger to the safety of persons using the premises has arisen from any circumstances beyond the control of the licensee or manager; or
(b) That the risk or danger can be averted by ordering the closure of part only of the premises,—
the Agency may, instead of suspending the licence, order the closure of any part of the premises accordingly for the undertaking of the necessary work. If the work is not completed to the satisfaction of the Agency within such period as the Agency may allow, the Agency shall suspend the licence under subsection (4) of this section.
(6) While any such licence is so suspended the premises shall be deemed not to be licensed premises.
Subsection (1) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the words “or to the escape other means)”
for the words “or to the provision of safeguards against or means of warning or escape in case of fire”
. It was further amended by the same provision by inserting the words “(other than requirements under the Building Act 1991)”
.
Subsection (1) was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “Building Act 2004”
for the words “Building Act 1991”
in both places where they appear.. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
Subsection (3) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the words “do all such things”
for the words “carry out all such work”
.
Subsection (4) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the words “all things necessary or desirable to remedy the default have been done”
for the words “all things necessary or desirable to remedy the default has been carried out”
.
(1) Any member of the Police or any inspector may at any time apply in accordance with this section for an order by the Licensing Authority—
(a) Suspending a manager's certificate; or
(b) Cancelling a manager's certificate.
(2) Every application for an order under this section shall—
(a) Be made in the prescribed form and manner; and
(b) Contain the prescribed particulars; and
(c) Be made to the Licensing Authority.
(3) The grounds on which an application for an order under this section may be made are as follows:
(a) That the manager has failed to conduct any licensed premises in a proper manner:
(b) That the conduct of the manager is such as to show that he or she is not a suitable person to hold the certificate.
(4) The Secretary shall—
(a) Send a copy of the application to the manager and to the licensee of any licensed premises to which any allegations against the manager relate; and
(b) Fix the earliest practicable date for a public hearing of the application; and
(c) Give at least 10 working days' notice of the public hearing to the applicant and the manager.
(5) The applicant and the manager shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses.
(6) If the Licensing Authority is satisfied that either of the grounds specified in subsection (3) of this section is established and that it is desirable to make an order under this section, it may, by order,—
(a) Suspend the certificate for such period not exceeding 6 months as the Licensing Authority thinks fit; or
(b) Cancel the certificate.
(7) Instead of making an order under subsection (6) of this section, the Licensing Authority may adjourn the application for such period as it thinks fit to give the manager an opportunity to remedy any matters that the Licensing Authority may require to be remedied within that period.
[Repealed]
Section 136 was repealed, as from 1 April 2000, by section 77 Sale of Liquor Amendment Act 1999 (1999 No 92).
(1) Any party to any proceedings before a District Licensing Agency who is dissatisfied with the decision may appeal to the Licensing Authority against the decision on giving notice of appeal to the Licensing Authority within 10 working days after the date on which notice of the decision is given to that party.
(2) Notwithstanding anything in subsection (1) of this section, the Licensing Authority, on the application of any person having a right of appeal under this section, may grant leave to that person to give notice of appeal after the expiration of the time prescribed by that subsection, and within such time as the Licensing Authority thinks fit, where, in the opinion of the Licensing Authority, there was reasonable cause for the failure or inability of that person to give notice within the time prescribed by that subsection.
(3) The notice of appeal shall be in writing, and shall be sent to the Secretary of the Licensing Authority.
(4) It shall not be necessary to state in the notice of appeal the grounds of appeal.
(5) Either before or immediately after the notice of appeal is sent to the Secretary, a copy of the notice shall be served on each of the other parties to the proceedings before the District Licensing Agency, and a copy shall be left with the Secretary of that Agency.
(6) Every such appeal shall be by way of rehearing.
(7) On hearing any such appeal, the Licensing Authority may confirm, modify, or reverse the decision under appeal.
(8) Except in a case to which subsection (9) of this section applies, the effect of the decision under appeal shall be suspended pending the outcome of the appeal.
(9) In the case of an appeal against a decision to suspend the licence under section 134 of this Act, the decision shall continue to have effect pending the outcome of the appeal.
(1) Where the Licensing Authority—
(a) Refuses any application for the grant or renewal of any licence or any manager's certificate on the ground of the suitability of the applicant; or
(b) Cancels or suspends any licence or manager's certificate on the ground of the suitability of the licensee or manager,—
the applicant or licensee or manager may appeal to the High Court against the decision of the Licensing Authority on giving notice of appeal within 10 working days after the date on which notice of the decision is given to the applicant, licensee, or manager.
(2) The notice of appeal shall be in writing and shall be filed in the High Court.
(3) It shall not be necessary to state in the notice of appeal the grounds of the appeal.
(4) Either before or immediately after the filing of the notice of appeal, a copy of the notice shall be served on each of the other parties to the proceedings before the Licensing Authority, and a copy shall be left with the Secretary of the Authority.
(5) [Repealed]
(6) As soon as possible after the receipt by the Secretary of the Licensing Authority of a copy of any notice of appeal, the Secretary shall send to the office of the High Court in which the appeal has been filed—
(a) Any application and supporting documents filed with the Authority, and any written submissions, statements, reports, and other papers relating to the decision appealed against:
(b) A copy of any notes made by the chairperson of the evidence given at the hearing:
(c) Any exhibits in the custody of the Authority:
(d) A copy of the decision appealed against.
(7) Every appeal shall be by way of rehearing; but where any question of fact is involved in any appeal, the evidence taken before the Authority bearing on the question shall, subject to any special order, be brought before the High Court as follows:
(a) As to any evidence given orally, by the production of a copy of the chairperson's note or of a written statement read by the witness while under oath, or of such other materials as the High Court may consider expedient:
(b) As to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and such of the exhibits as may have been forwarded to the Court by the Authority, and by the production by the parties to the appeal of such exhibits as are in their custody:
Provided that the High Court may in its discretion rehear the whole or any part of the evidence, and shall rehear the evidence of any witness if the Court has reason to believe that any note of the evidence of that witness made by the chairperson of the Licensing Authority is or may be incomplete in any material particular.
(8) The Court shall have full discretionary power to hear and receive further evidence on questions of fact, either by oral evidence or by affidavit.
(9) If the appellant does not appear at the time appointed for hearing the appeal, the appeal shall be dismissed.
(10) If the appellant does not prosecute the appeal with due diligence, any other party to the appeal may apply to the High Court for the dismissal of the appeal.
(11) On hearing the appeal, the High Court may confirm, modify, or reverse the decision appealed against, and the decision of the Court shall be final and binding on all parties.
(12) The Registrar of the High Court shall transmit to the Secretary of the Licensing Authority a memorandum of the decision of the Court, and such proceedings shall be had thereon as if the decision had been given by the Authority.
(13) The Registrar shall also return to the Secretary of the Licensing Authority any application, papers, and exhibits forwarded by the Secretary pursuant to subsection (6) of this section.
Subsection (5) was repealed, as from 2 September 1996, by section 3 Sale of Liquor Amendment Act 1996 (1996 No 143).
(1) Where any party to any proceedings before the Licensing Authority under this Act is dissatisfied with any determination of the Licensing Authority in the proceedings as being erroneous in point of law, that party may appeal to the High Court on that question of law.
(2) Subject to sections 140 to 146 of this Act, every appeal under this section shall be dealt with in accordance with rules of Court.
(1) Every appeal under section 139 of this Act shall be instituted by the appellant lodging a notice of appeal within 20 working days after the date of the determination with—
(a) The Registrar of the High Court ; and
(b) The Secretary of the Licensing Authority.
(2) Either before or immediately after the lodging of the notice of appeal, the appellant shall serve a copy of the notice of appeal, either personally or by post, on every other party to the proceedings before the Licensing Authority.
(3) Service under subsection (2) of this section, if by post, shall be by registered letter and shall be deemed in the absence of proof to the contrary for the purposes of this section to be effected at the time when the letter would be delivered in the ordinary course of post.
(4) Every notice of appeal shall specify—
(a) The determination or the part of the determination appealed from; and
(b) The error of law alleged by the appellant; and
(c) The question of law to be resolved; and
(d) The grounds of the appeal, which grounds shall be specified with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved.
(5) The Secretary of the Licensing Authority shall, as soon as is practicable after receiving a copy of the notice of appeal, send a copy of the whole of the determination appealed from to the Registrar of the High Court .
Subsection (1)(a) was amended, as from 2 September 1996, by section 4 Sale of Liquor Amendment Act 1996 (1996 No 143) by omitting the words “in Wellington”
.
Subsection (5) was amended, as from 2 September 1996, by section 4 Sale of Liquor Amendment Act 1996 (1996 No 143) by omitting the words “in Wellington”
.
(1) Any party to the proceedings before the Licensing Authority who wishes to appear and be heard on the hearing of the appeal shall, within 7 working days after the date of the service on that party of a copy of the notice of appeal, lodge with the Registrar of the High Court a notice of that party's intention to appear and be heard.
(2) Any party who gives a notice of intention to appear and be heard and the appellant shall be parties to the appeal and shall be entitled—
(a) To be served with every document thereafter filed or lodged with the Registrar relating to the appeal; and
(b) To receive a notice of the date set down for the hearing of the appeal.
Subsection (1) was amended, as from 2 September 1996, by section 5 Sale of Liquor Amendment Act 1996 (1996 No 143) by omitting the words “in Wellington”
.
(1) Subject to subsections (2) and (3) of this section, the High Court may, of its own motion or on the application of any party to the appeal, make all or any of the following orders:
(a) An order directing the Licensing Authority to lodge with the Registrar of the High Court any document or other written material or any exhibit in the possession or custody of the Licensing Authority:
(b) An order directing the Licensing Authority to lodge with the Registrar a report recording, in respect of any matter or issue that the Court may specify, any of the findings of fact of the Licensing Authority that are not set out or fully set out in its determination:
(c) An order directing the Licensing Authority to lodge with the Registrar a report setting out, in respect of any matter or issue that the Court may specify, any reasons or considerations of the Licensing Authority to which the Licensing Authority had regard but that are not set out in its determination.
(2) An application under subsection (1) of this section shall,—
(a) In the case of the appellant, be made within 20 working days after the date of the lodging of the notice of appeal; or
(b) In the case of any other party to the appeal, within 20 working days after the date of the service on that party of a copy of the notice of appeal.
(3) The High Court may make an order under subsection (1) of this section only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit.
Subsection (1)(a) was amended, as from 2 September 1996, by section 6 Sale of Liquor Amendment Act 1996 (1996 No 143) by omitting the words “in Wellington”
.
The High Court may dismiss any appeal under section 139 of this Act—
(a) If the appellant does not appear at the time appointed for the hearing of the appeal; or
(b) If the appellant does not prosecute the appeal with all due diligence and any party applies to the Court for the dismissal of the appeal.
(1) Where any party to an appeal under section 139 of this Act other than the appellant wishes to contend at the hearing of the appeal that the determination appealed from is erroneous in point of law other than those set out in the notice of appeal, that party shall, within 20 working days after the date of the service on that party of a copy of the notice of appeal, lodge a notice to that effect with the Registrar of the High Court .
(2) The provisions of section 139, subsections (2) to (4) of section 140, and sections 142, 143, 145, and 146 of this Act shall apply, with such modifications as may be necessary, to any notice lodged under this section as if it were a notice of appeal.
Subsection (1) was amended, as from 2 September 1996, by section 7 Sale of Liquor Amendment Act 1996 (1996 No 143) by omitting the words “in Wellington”
.
The High Court or a Judge of the High Court may, on the application of the appellant, or intending appellant, or any other party, extend any time prescribed or allowed under any of the provisions of sections 140 to 144 of this Act for the lodging of any notice, application, or other document.
When any party to the appeal notifies the Registrar of the High Court —
(a) That the notice of appeal has been served on all parties to the proceedings; and
(b) Either—
(i) That no application has been lodged under section 142 of this Act and that