Sale of Liquor Amendment Act 1981
Sale of Liquor Amendment Act 1981
Sale of Liquor Amendment Act 1981
Sale of Liquor Amendment Act 1981
Public Act |
1981 No 126 |
|
Date of assent |
23 October 1981 |
|
Contents
An Act to amend the Sale of Liquor Act 1962 to authorise the sale of imported wine as well as New Zealand wine pursuant to wine resellers’ licences, to make provision for an alcoholic drinks licence, and to make certain other changes to the present law
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Sale of Liquor Amendment Act 1981, and shall be read together with and deemed part of the Sale of Liquor Act 1962 (hereinafter referred to as the principal Act).
(2)
Section 5 of this Act shall come into force on the 1st day of April 1982.
(3)
Except as provided in subsection (2) of this section and sections 7(5), 8(2), and 10(7) of this Act, this Act shall come into force on the 28th day after the date on which it receives the Governor-General’s assent.
Amendments Relating to Wine Resellers’ Licences
2 Alterations in premises
Section 291(3a) of the principal Act (as substituted by section 59(1) of the Sale of Liquor Amendment Act 1980) is hereby amended by inserting, before the word “wholesale”
, the word “wine reseller’s”
.
3 Holder of wine reseller’s licence may sell imported as well as New Zealand wine
(1)
Section 156(2) of the principal Act is hereby amended by omitting the words “New Zealand”
.
(2)
Section 157(4) of the principal Act is hereby amended by omitting the words “New Zealand”
.
4 Blending and bottling by wine reseller
(1)
Section 161(3) of the principal Act is hereby amended by inserting, after the words “to blend and bottle wine”
, the words “, or to permit the blending and bottling of wine,”
.
(2)
Section 161 of the principal Act is hereby further amended by inserting, after subsection (3), the following subsection:
“(3a)
No authority granted under this section shall authorise the licensee to blend and bottle wine made from grapes grown in New Zealand with any imported wine.”
(3)
Section 161(5) of the principal Act is hereby amended by omitting from the proviso the words “subsection (4) of section 152 of this Act”
, and substituting the words “the Food and Drug Act 1969 or the Wine Makers Act 1981 or any regulations made under either of those Acts”
.
(4)
Section 161(6) of the principal Act is hereby amended by inserting, after the words “bottles or blends”
, the words “, or permits the bottling or blending of,”
.
Alcoholic Drinks Licence
5 New Part (relating to alcoholic drinks licences) inserted in principal Act
The principal Act is hereby amended by inserting, after Part IV, the following Part:
“PART IVa “Manufacture of Alcoholic Drinks
“161b Interpretation
In this Part of the Act, unless the context otherwise requires, ‘alcoholic drink’ means any liquor other than—
“(a)
Beer, within the meaning of the Beer Duty Act 1977; or
“(b)
Spirits distilled or rectified or compounded pursuant to a licence under the Distillation Act 1971; or
“(c)
Any spirituous liquor manufactured under the authority of a licence issued pursuant to section 80(1)(c) of the Customs Act 1966; or
“(d)
Wine, within the meaning of the Wine Makers Act 1981.
“161c Makers to be licensed
“(1)
No person shall make any alcoholic drink for sale otherwise than pursuant to, and in accordance with the terms and conditions of, a licence issued under this Part of this Act.
“(2)
Nothing in subsection (1) of this section applies to the mixing by the holder of any licence or permit under this Act of any liquor that he is authorised to sell with any beverage or any other kind of liquor that he is authorised to sell.
“(3)
Every person commits an offence and is liable to a fine not exceeding $1,000 who makes any alcoholic drink in contravention of subsection (1) of this section.
“161d Alcoholic drinks licence
“(1)
Every alcoholic drinks licence shall authorise the holder to make such kind or kinds of alcoholic drink as may be specified in the licence, and to sell any such alcoholic drink made by him pursuant to his licence to any person who is the holder of any licence under this Act or to a chartered club or to a licensing trust.
“(2)
The holder of an alcoholic drinks licence may, pursuant to his licence and this section,—
“(a)
Sell his products between the hours of 9 o’clock in the morning and 9 o’clock in the evening on any day; and
“(b)
Deliver his products at any time on any day.
“(3)
The products may be delivered from the premises specified in the licence, or from any premises used by the licensee for the bulk storage of his products.
“(4)
No alcoholic drink sold pursuant to the licence shall be consumed on the licensee’s premises or on any premises from which he is authorised to deliver the product.
“161e Application for licence
“(1)
Every application for an alcoholic drinks licence shall be made in the prescribed form and manner, and shall be filed, together with 3 copies, with the Secretary of the Commission.
“(2)
Every application under this section shall specify the kind or kinds of alcoholic drink that the applicant intends to make, with sufficient particulars to satisfy the Commission that the applicant is not entitled to a licence under any other Act that would authorise him to make any such drink for sale.
“(3)
The Secretary shall send a copy of the application to the Police.
“(4)
The Secretary shall also send a copy of the application to the Medical Officer of Health for the district in which the applicant intends to establish his premises.
“(5)
The Police and the Medical Officer of Health shall report to the Commission in respect of the application.
“(6)
The applicant shall give public notice of the application specifying—
“(a)
His name, address, and occupation; and
“(b)
The address of the premises where he proposes to make alcoholic drinks.
“161f Grant of licence
“(1)
Subject to this Act, the Commission may in its discretion grant or refuse to grant any application for an alcoholic drinks licence.
“(2)
The Commission shall not grant an application for an alcoholic drinks licence unless it is satisfied—
“(a)
That the applicant is not entitled to any licence under any other Act that would permit him to manufacture for sale any alcoholic drink to which his application relates:
“(b)
That the applicant is a fit person to be the holder of such a licence; and
“(c)
That the premises in which the alcoholic drinks are to be made, and the equipment in the premises, are suitable for the making, storage, and sale of alcoholic drinks of the kind or kinds to which the application relates and are in a proper sanitary condition.
“(3)
The Commission shall not grant an application for an alcoholic drinks licence by the holder of any wine maker’s licence under the Wine Makers Act 1981 unless it is satisfied that, having regard to the applicant’s equipment, production control methods, and records, there are adequate safeguards against the mixing of any alcoholic drink or any ingredient thereof with any wine or ingredient thereof made by the applicant.
“(4)
The Commission may grant any application subject to such conditions as it thinks fit, including any condition designed to ensure that the product as bottled, labelled, and marketed is readily distinguishable from any other kind of liquor.
“161g Issue of licence
“(1)
Whenever the Commission grants any application for an alcoholic drinks licence, it shall issue a certificate authorising the Licensing Committee to issue a licence.
“(2)
Where the premises are situated in a licensing trust district or suburban trust area, the certificate shall be issued to the Licensing Committee of an adjoining licensing district.
“(3)
Where the premises are situated in a no-licence district, the certificate shall be issued to the Licensing Committee of the licensing district within whose boundaries the no-licence district is situated.
“(4)
Where the Commission has issued a certificate under this section, the Chairman of the Licensing Committee shall issue the licence.
“161h Duration of licence
Subject to the provisions ofthis Act, an alcoholic drinks licence shall continue in force until the close of the 30th day of June next following its issue, and may from time to time be renewed by the Chairman of the Licensing Committee for a period of 12 months from the time when the licence or the last preceding renewal of the licence expires.
Compare: 1962, No. 139, s. 152(5)
“161i Renewal of licence
“(1)
Every application for the renewal of an alcoholic drinks licence shall be made in the prescribed form and manner, and shall be filed, together with 3 copies, with the Clerk of the Licensing Committee.
“(2)
The Clerk shall send 1 copy of the application to the Police, and 1 copy to the Medical Officer of Health for the district in which the applicant has his premises.
“(3)
The Police and the Medical Officer of Health shall report in respect of the application.
“(4)
The Chairman of the Licensing Committee shall grant the application unless he is not satisfied of the matters specified in section 161f(2) of this Act, or, in any case where the Commission or the Chairman of the Commission has imposed any conditions under section 161f(4) or section 161j(6) or section 161k(6) of this Act, he is not satisfied that the applicant has complied with each such condition.
“(5)
Where any application for renewal is granted, the Clerk shall notify the applicant in the prescribed form; and, subject to the payment of the fee prescribed for the renewal of the licence, the notification shall have the effect of renewing the licence.
“161j Transfer of licence
“(1)
An alcoholic drinks licence may be transferred in accordance with this section.
“(2)
Every application for the transfer of an alcoholic drinks licence shall be made in the prescribed form by the person who intends to carry on the business conducted under the licence if the application for the transfer is granted, and shall be made to the Chairman of the Commission.
“(3)
The applicant shall give public notice of the application, specifying—
“(a)
His name, address, and occupation; and
“(b)
The premises in respect of which the application is made.
“(4)
The Chairman shall not grant the application unless he is satisfied that the applicant is a fit person to be the holder of the licence.
“(5)
The Chairman shall not grant an application for the transfer of an alcoholic drinks licence to a person who is the holder of a wine maker’s licence under the Wine Makers Act 1981 unless he is satisfied that, having regard to the applicant’s equipment, production control methods, and records, there are adequate safeguards against the mixing of wine or any ingredient thereof with any alcoholic drink or any ingredient thereof.
“(6)
The Chairman may grant any application under this section subject to such conditions as he thinks fit.
“(7)
If the application is granted, the transfer shall be effected by an endorsement on the licence; and thereupon the person named in the endorsement as the transferee shall for all the purposes of this Act be the holder of the licence, and the transferor shall cease to be the holder.
“(8)
If, on the first application for the renewal of the licence after it has been transferred, the Licensing Committee grants the application for renewal, a new licence shall be issued to the licensee, and the transferred licence shall be cancelled.
“161k Removal of licence
“(1)
Any alcoholic drinks licence for the time being in force in respect of any premises may, by order of the Commission made on application under this section, be removed to any other premises.
“(2)
Every application for the removal of an alcoholic drinks licence shall be made in the prescribed form and manner, and shall be filed, together with 3 copies, with the Secretary of the Commission.
“(3)
The Secretary shall send a copy of the application to the Police, and another to the Medical Officer of Health for the district in which the proposed new premises are to be established.
“(4)
The Police and the Medical Officer of Health shall report to the Commission in respect of the application.
“(5)
The applicant shall give public notice of the application; and section 161e(6) of this Act, with all necessary modifications, shall apply in respect of the notice.
“(6)
The Commission may grant any application under this section subject to such conditions as it thinks fit.
“(7)
The Commission shall not grant an application under this section unless, it is satisfied that the proposed new premises, and the equipment in those premises, are suitable for the making, storage, and sale of alcoholic drinks of the kind to which the licence relates and are in a proper sanitary condition.
“(8)
The Commission shall not grant an application for the removal of an alcoholic drinks licence to any premises in respect of which there is in force a wine maker’s licence under the Wine Makers Act 1981 unless it is satisfied that, having regard to the applicant’s equipment, production methods, and records, there are adequate safeguards against the mixing of wine or any ingredient thereof with any alcoholic drink or any ingredient thereof.
“161l Cancellation or suspension of licence following conviction
“(1)
Where the holder of an alcoholic drinks licence is convicted of an offence against any of the provisions of—
“(a)
This Act; or
“(b)
The Health Act 1956; or
“(c)
The Customs Act 1966; or
“(d)
The Food and Drug Act 1969; or
“(e)
The Distillation Act 1971; or
“(f)
The Wine Makers Act 1981; or
“(g)
Any regulations made under any of those Acts,—
the Registrar of the convicting Court shall notify the Commission of the conviction.
“(2)
On receipt of any such notice, the Commission shall consider the matter, and may, after giving the holder of the licence a reasonable opportunity to be heard, make an order—
“(a)
Cancelling the licence; or
“(b)
Suspending the licence for such period, not exceeding 12 months, as it thinks fit.
“161m Appeal to High Court against decision of Licensing Committee Chairman
“(1)
Where the Chairman of a Licensing Committee refuses to renew any alcoholic drinks licence under section 161i, or the Chairman of the Commission refuses to transfer any such licence under section 161j, of this Act, the holder of the licence may appeal to the High Court against the Chairman’s decision.
“(2)
Subsection (2) to (10) of section 161n of this Act, so far as they are applicable and with any necessary modifications, shall apply with respect to appeals under this section.
“161n Appeals to High Court against decisions of Commission
“(1)
Where the Commission—
“(a)
Under section 161f of this Act, refuses to grant an application for an alcoholic drinks licence; or
“(b)
Under section 161k of this Act, refuses to grant an application for the removal of any such licence; or
“(c)
Under section 161l of this Act, suspends or cancels any such licence; or
“(d)
On granting any application under this Act, imposes any condition,—
the applicant, or, as the case may require, the licence holder, may appeal to the High Court against the Commission’s decision.
“(2)
Every appeal under this section shall be by notice of appeal given within 14 days after the giving of the decision appealed against.
“(3)
Notwithstanding subsection (2) of this section, a Judge of the High Court, on the application by motion 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 Judge thinks fit, where in the opinion of the Judge there was reasonable cause for the failure or inability of that person to give notice within the time prescribed by this section.
“(4)
The notice of appeal shall be in writing and shall be filed in the office of the High Court.
“(5)
It shall not be necessary to state in the notice the grounds of appeal.
“(6)
Either before or immediately after the filing of the notice of appeal, a copy of the notice shall be delivered or sent to the Secretary of the Commission.
“(7)
The operation of the decision appealed against shall be suspended until the final determination of the appeal.
“(8)
In the case of the cancellation or suspension of a licence, the licence shall, if the appeal is not finally determined or before the expiry of the licence by effluxion of time, be deemed to be extended until the final determination of the appeal.
“(9)
On hearing the appeal, the High Court may confirm, modify, or reverse the decision appealed against.
“(10)
The decision of the Court shall be final and binding on all parties.
“161o Appeals to be heard by Administrative Division of High Court
Every appeal to the High Court under section 161m or section 161n of this Act shall be heard and determined by the Administrative Division of the High Court; and accordingly all references to the High Court in those sections shall, unless the context otherwise requires, be read as references to the Administrative Division of the High Court.”
Miscellaneous Provisions
6 Regulations
Section 299(1) of the principal Act is hereby amended by inserting, after paragraph (d), the following paragraph:
“(da)
Prescribing the matters to be included or not included in any label on any bottle or other container of any kind or kinds of liquor:”.
7 Corrections of Sale of Liquor Amendment Act 1980
(1)
Section 5(6)(b) of the Sale of Liquor Amendment Act 1980 is hereby amended by omitting the expression “(2)”
, and substituting the expression “(3)”
.
(2)
Section 37(2) of the Sale of Liquor Amendment Act 1980 is hereby amended by repealing paragraph (c), and substituting the following paragraph:
“(c)
Subsections (1) to (5) of section 17, and section 34(2), of the Sale of Liquor Amendment Act 1976.”
(3)
Section 41(2) of the Sale of Liquor Amendment Act 1980 is hereby amended by omitting the expression “27”
, and substituting the expression “217”
.
(4)
Section 42(1) of the Sale of Liquor Amendment Act 1980 is hereby amended by omitting the word “is”
where it secondly occurs.
(5)
This section shall be deemed to have come into force on the 1st day of April 1981 (being the date of the commencement of the Sale of Liquor Amendment Act 1980).
8 Amendment of principal Act consequential upon Sale of Liquor Amendment Act 1980
(1)
Section 260 of the principal Act (as substituted by section 3 of the Sale of Liquor Amendment Act 1976) is hereby amended by repealing paragraph (b) of subsection (2), and substituting the following paragraph:
“(b)
The supply of liquor to any person pursuant to and in accordance with the terms of a food and entertainment licence, a club licence, or a vineyard bar permit; or”.
(2)
This section shall be deemed to have come into force on the 1st day of April 1981 (being the date of commencement of the Sale of Liquor Amendment Act 1980).
9 Licensing Trusts Act 1949 amended
(1)
Section 63(2)(b) of the Licensing Trusts Act 1949 (as inserted by section 9 of the Licensing Trusts Amendment Act 1976) is hereby repealed.
(2)
Section 55(f) of the Licensing Trusts Act 1949 (as so inserted) is hereby amended by omitting the words “and to the facilities available in the area for the supply of liquor by the holders of licences under the said Act”
.
(3)
Every condition imposed under section 63(2)(b) of the Licensing Trusts Act 1949 (as inserted by section 9 of the Licensing Trusts Amendment Act 1976) that was in force immediately before the commencement of this section shall be deemed to be revoked.
10 Amendments of Licensing Trusts Acts consequential upon Sale of Liquor Amendment Act 1980
(1)
Section 35(1) of the Masterton Licensing Trust Act 1947 (as substituted by section 11(1) of the Licensing Trusts Amendment Act 1977) is hereby amended by repealing paragraphs (a) to (c), and substituting the following paragraph:
“(a)
Food and entertainment licences, food and entertainment permits, and caterers’ permits:”.
(2)
Section 35(1) of the Masterton Licensing Trust Act 1947 (as so substituted) is hereby further amended by omitting from paragraph (d) the words “General ancillary licences and extended hours”
, and substituting the words “Club licences and”
.
(3)
Section 35(1) of the Licensing Trusts Act 1949 (as substituted by section 6(1) of the Licensing Trusts Amendment Act 1977) is hereby amended by repealing paragraphs (a) to (c), and substituting the following paragraph:
“(a)
Food and entertainment licences, food and entertainment permits and caterers’ permits:”.
(4)
Section 35(1) of the Licensing Trusts Act 1949 (as so substituted) is hereby further amended by omitting from paragraph (d) the words “General ancillary licences and extended hours”
, and substituting the words “Club licences and”
.
(5)
Section 36(1) of the Invercargill Licensing Trusts Act 1950 (as substituted by section 15(1) of the Licensing Trusts Amendment Act 1977) is hereby amended by repealing paragraphs (a) to (c), and substituting the following paragraph:
“(a)
Food and entertainment licences, food and entertainment permits, and caterers’ permits:”.
(6)
Section 36(1) of the Invercargill Licensing Trusts Act 1950 (as so substituted) is hereby further amended by omitting from paragraph (d) the words “General ancillary licences and extended hours”
, and substituting the words “Club licences and”
.
This Act is administered in the Department of Justice.