Alcohol Strategy and Action Plan 2009-2014

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Appendix 1: Key expectations of District Licensing Agencies (DLA)

The key expectations of the DLA are to:

1. Administer a reasonable system of control for the receiving of applications, reports, and granting of applications under the Sale of Liquor Act
2. Forward applications to the Licensing Authority where objections have been received, or in accordance with any other provisions of the Sale of Liquor Act.
3. Develop protocols with supervisory agencies to deal with complaints/issues arising from the operation of licenced premises.
4. Ensure a programme of monitoring the operation of licenced premises is in place.
5. Co-ordinate activities of supervisory agencies (DLA Inspectors, Police, Health).
6. Ensure liaison with licencees (LLG & Newsletters).

Appendix 2: Applying for a liquor licence

The Council is responsible for the district's liquor licensing. To ensure that the sale and supply of liquor takes place responsibly, it is a legal requirement under the Sale of Liquor Act 1989 that an individual holds a licence before they can sell or supply liquor.

Licence holders must be aged 20 years or over, and meet the other requirements of the Sale of Liquor Act. A licence is issued to a person, company or legal entity in relation to a premise (or conveyance, such as a train or boat). A licence cannot be transferred from one person to another, or from one premise or conveyance to another.

At all times when liquor is being sold or supplied to the public on licenced premises, a certificated manager is required to be on duty and is responsible for compliance with the Sale of Liquor Act 1989 and the conditions of the licence.

The process to obtain a liquor licence is as follows:

1. Meet with the District Licensing Agency (DLA), which is administered by the New Plymouth District Council, prior to making an application.
2. Apply to the Council for certificates of compliance with the Resource Management Act and the Building Act.
3. Lodge the licence application with the DLA.
4. Ensure public notification of the application by placing two advertisements, a week apart, in the public notices section of the local newspaper (the paper must have significant distribution in the area) within 20 working days of lodging the application.
5. Place a 'notice on buildings', for the period the newspaper advertisements run.
6. Submit evidence of public notification to the DLA by supplying the whole page, including the date and name of the paper, containing the two newspaper advertisements and a signed declaration that the 'notice of buildings' was visible on the front of the building.
7. The DLA will refer the applications to the reporting agencies (licensing inspector, Police Fire and Medical Officer of Health) for comment.
8. If the application is complete, following public notification and the objection period, and when the reports from the reporting agencies have been received, it will be considered for approval 60 Appendices by the DLA. If there are any objections lodged by the public, or if any of the reporting agencies raise matters in opposition, the application will be referred to the Liquor Licensing Authority (LLA) in Wellington for determination.

Most special licences do not need to be publicly notified. On, off and club licence applications are generally processed within 8-12 weeks of receiving the application. Special licences take up to 20 working days to process. The processing times will be delayed if there is information outstanding from the application, or if there are objections to the application from the public or reporting agencies. Return to top

Appendix 3: Objecting to a liquor licence

Any person who has a greater interest in the application than the public generally may object to the grant of a liquor licence.

A greater interest is usually reflected in close proximity to the proposed licenced premise. For example, a person with a greater interest could be living in the same street as the proposed premise, or be an Organisation who has an interest greater than the public generally. In contrast, a member of the community living further away who is concerned about the effects of alcohol on the community could be considered as not having a greater interest in the application. The Liquor Licensing Authority may give less weight to objections from people who are not directly affected by the proposed licenced premises.

The grounds for objection are set out in the Sale of Liquor Act. They are:

For On, Off and Special Licences

• Suitability of the applicant
• Days and hours liquor will be sold
• Designation of the whole or part of proposed premises as a restricted or supervised area
• Steps taken to ensure prohibited persons are not served
• Supply of food and non alcoholic refreshments (does not apply to off licences)
• If the applicant intends the sale or supply of any other goods besides liquor and food, or any services other than those directly related to the sale or supply of liquor and food.

For Club Licences

• Suitability of the applicant
• Days and hours liquor will be sold
• Days and hours club premises will be used for club activities
• Designation of the whole or part of proposed premises as a restricted or supervised area
• Proportion of club membership who are prohibited persons 62 Appendices
• Steps taken to ensure prohibited persons are not served
• Supply of food and non alcoholic refreshments.
• A statement advising the primary activity at the club will not be the Sale of Liquor.

Lodging the Objection

To object to an application, you must write a letter within 10 working days of the first public notice that appears in the newspaper. Your letter must:

• identify the proposed premises
• state your reasons for objection
• be addressed to the Secretary of the NPDC District Licensing Agency (DLA).

Please state in your letter if you wish to appear at any hearing or indicate that you do not wish to be heard in person. You will have plenty of time to prepare an in-depth submission for the hearing. It is much more effective to speak in support of your submission at the hearing than to send a written objection only. An objector's non-appearance may favour the applicant.

You may also participate in a group objection, nominating one or two representatives to appear and present the objection at the hearing.

DLA staff will acknowledge your objection and send a copy of your letter to the applicant. Once the application is complete, if any valid objections have been lodged it will be forwarded to the national Liquor Licensing Authority (LLA) with all relevant objection letters. If the LLA believes it has enough information available, it will make a determination by way of a public hearing. The LLA will notify you in writing of the hearing date and time for you to present your concerns in person. If your objection is in the form of a petition, please appoint a spokesperson.

Opposed special licences are determined locally by the Council Hearing Committee. Return to top