Sale and Supply of Alcohol Regulations 2013
Version as at 31 August 2023
Sale and Supply of Alcohol Regulations 2013
(SR 2013/459)
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 18th day of November 2013
Present:
His Excellency the Governor-General in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These regulations are administered by the Ministry of Justice.
Pursuant to sections 264 and 397 of the Sale and Supply of Alcohol Act 2012 and section 38E of the Summary Offences Act 1981, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council (given, in relation to regulations 40 and 41 and forms 1 and 2 in the Schedule, on the advice of the Minister of Justice) makes the following regulations.
Contents
Regulations
1 Title
These regulations are the Sale and Supply of Alcohol Regulations 2013.
2 Commencement
These regulations come into force on 18 December 2013.
3 Interpretation
(1)
In these regulations, unless the context otherwise requires,—
Act means the Sale and Supply of Alcohol Act 2012
chartered accountant has the meaning given by section 2 of the New Zealand Institute of Chartered Accountants Act 1996
convenience food means anything that is—
(a)
confectionery; or
(b)
ready-to-eat prepared food; or
(c)
snack food; or
(d)
a beverage (other than alcohol or milk) sold in a container with a capacity of 1 litre or less
food product has the meaning given by section 33(1) of the Act
LAP means local alcohol policy
likely, in relation to revenue to be generated by the business to be carried on on any premises for which an application for an off-licence has been made, means likely in the opinion of the licensing committee concerned
materially means more than insubstantially
projected, in relation to the revenue generated by the business to be carried on on any premises for which an application for an off-licence has been made, means projected by the applicant
provisional LAP means a provisional LAP produced under section 79 of the Act.
(2)
In these regulations, references to the fees category of any premises or conveyance are references to the fees category assigned to the premises or conveyance under regulation 6 of the Sale and Supply of Alcohol (Fees) Regulations 2013.
Part 1 Matters of approval, declaration, definition, and prescription
Evidence of age documents
4 Approved evidence of age documents
Documents of the following kinds are approved for the purposes of the definition of approved evidence of age document in section 5(1) of the Act:
(a)
any current passport:
(b)
a current driver licence issued under the Land Transport Act 1998:
(c)
a current document to which regulation 5 applies.
5 Hospitality New Zealand card
This regulation applies to a document if it—
(a)
is issued by the organisation that, immediately before the commencement of these regulations, was called Hospitality New Zealand; and
(b)
contains a photograph of the person to whom it is issued; and
(c)
contains information purporting to be the person’s date of birth.
Matters relating to grocery stores
6 Ascertaining principal business carried on on premises (existing business)
(1)
For the purposes of the definition of principal business in section 5(1) of the Act, the principal business carried on on any premises to which subclause (2) applies must be ascertained by—
(a)
deducting from the gross sales revenue of the business being carried on on the premises for a period of 12 months ending no more than 90 days before the time at which the application for the issue or renewal of an off-licence for the premises is made—
(i)
GST; and
(ia)
excise duty and excise-equivalent duty on tobacco products; and
(ii)
all revenue from sales of lotto, Keno, Instant Kiwi, or any other New Zealand lottery promoted by the New Zealand Lotteries Commission; and
(b)
then assigning the remainder of that revenue to the following categories (with as much precision as is reasonably practicable in the circumstances):
(i)
the sale of food products:
(ii)
the sale of alcohol:
(iii)
the sale of tobacco:
(iv)
the sale of convenience foods:
(v)
other sources of revenue; and
(c)
then,—
(i)
if more of that remainder has been assigned to one category than any other, treating as the principal business carried on on the premises the sale of goods of the kind concerned (or, in the case of other sources of revenue, the activities generating the revenue):
(ii)
if equal amounts of that remainder (being higher than those assigned to other categories) have been assigned to 2 or more categories, treating as the principal business carried on on the premises the sale of goods other than food products.
(2)
This subclause applies to premises where, as at the time at which the application for the issue or renewal of an off-licence for the premises is made,—
(a)
business has been carried on for 12 months or more; and
(b)
the business being carried on has been substantially unchanged for at least 12 months before that time.
Regulation 6(1)(a)(ia): inserted, on 15 September 2017, by regulation 4 of the Sale and Supply of Alcohol Amendment Regulations 2017 (LI 2017/219).
7 Ascertaining principal business carried on on premises (new business)
(1)
For the purposes of the definition of principal business in section 5(1) of the Act, the principal business carried on on any premises to which subclause (2) applies must be ascertained by—
(a)
deducting from the likely gross sales revenue of the business to be carried on on the premises for the 12 months after the time at which the application for the issue or renewal of an off-licence for the premises is made—
(i)
GST; and
(ia)
excise duty and excise-equivalent duty on tobacco products; and
(ii)
all likely revenue from sales of lotto, Keno, Instant Kiwi, or any other New Zealand lottery promoted by the New Zealand Lotteries Commission; and
(b)
then assigning the remainder of that likely revenue to the following categories (with as much precision as is reasonably practicable in the circumstances):
(i)
the sale of food products:
(ii)
the sale of alcohol:
(iii)
the sale of tobacco:
(iv)
the sale of convenience foods:
(v)
other sources of revenue; and
(c)
then,—
(i)
if more of that remainder has been assigned to one category than any other, treating as the principal business to be carried on on the premises the sale of goods of the kind concerned (or, in the case of other sources of revenue, the activities generating the revenue):
(ii)
if equal amounts of that remainder (being higher than those assigned to other categories) have been assigned to 2 or more categories, treating as the principal business to be carried on on the premises the sale of goods other than food products.
(2)
This subclause applies to premises where, as at the time at which the application for the issue or renewal of an off-licence for the premises is made,—
(a)
business has been carried on for less than 12 months; or
(b)
the business being carried on has changed materially during the 12 months before that time.
Regulation 7(1)(a)(ia): inserted, on 15 September 2017, by regulation 5 of the Sale and Supply of Alcohol Amendment Regulations 2017 (LI 2017/219).
8 Certain food declared to be ready-to-eat prepared food
(1)
Food is ready-to-eat prepared food if it has been so cooked or prepared that it can be eaten immediately as a meal, part of a meal, or a substitute for a meal—
(a)
in the form in which it is sold; and
(b)
without further preparation (for example, assembly, heating, or thawing).
(2)
Food of the following descriptions is ready-to-eat prepared food:
(a)
a sandwich (whether hot or cold, and whether open or closed):
(b)
food (whether hot or cold) that,—
(i)
instead of a slice or slices of bread, uses some other container, covering, or base (such as a pancake, pocket, roll, taco shell, tortilla, or wrap) for its contents or topping; but
(ii)
is otherwise analogous to a sandwich or open sandwich:
(c)
a pizza, pizza slice, pizza sub, or pizza pocket:
(d)
food analogous to a pizza, pizza slice, pizza sub, or pizza pocket:
(e)
fish and chips or similar food:
(f)
a hamburger, hot dog, or similar food:
(g)
food of the kind commonly referred to as a pie (whether meat, vegetable, or fruit):
(h)
a pastie, samosa, or similar food (whether meat, vegetable, or fruit):
(i)
a sausage roll or similar food.
(3)
Subclause (2) does not limit the generality of subclause (1).
(4)
Regulation 9 overrides subclauses (1) and (2).
9 Certain food declared not to be ready-to-eat prepared food
(1)
Food of the following descriptions is not ready-to-eat prepared food:
(a)
unprocessed raw fruit or vegetables:
(b)
food intended to be used as a component of a home-prepared meal (for example, cooked chicken, fresh pasta, or pasta or simmer sauce):
(c)
a mixture (whatever its ingredients) of the kind commonly referred to as a salad:
(d)
a beverage (other than alcohol or plain milk) sold in a multi-pack of single-serve containers with an aggregate volume of 1 litre or more:
(e)
packaged biscuits (or similar items):
(f)
a full-sized cake:
(g)
delicatessen items such as antipasti, cold sliced meat, smoked chicken, or smoked fish:
(h)
multi-packs of items of food or drink of a kind often included in school lunches:
(i)
dried fruit:
(j)
unfilled bread, bread rolls, or buns:
(k)
spreads:
(l)
condiments, pickles, relishes, and similar food.
(2)
For the purposes of subclause (1)(a), fruit or vegetables are not processed by reason only of being peeled, sliced, or both.
10 Certain food declared to be snack food
(1)
Food is snack food if—
(a)
it is so cooked or prepared that it can be eaten immediately; and
(b)
(whether or not it can form, or sometimes forms, part of a meal) it is food of a kind usually consumed between meals; and
(c)
it is usually sold—
(i)
in small quantities (in the case of food sold by volume or weight); or
(ii)
as small items (in the case of food sold as individual items).
(2)
Food of the following descriptions is snack food:
(a)
potato chips, crisps, sticks or straws, and similar food made of ingredients other than potatoes (for example, corn):
(b)
pretzels and similar food:
(c)
bacon crackling, pork crackling, and similar food:
(d)
prawn chips and similar food:
(e)
if sold as individual items with a volume of less than 1 litre, blocks, cakes, or similar items, made of ice-cream or ice-cream substitute:
(f)
ice-creams, and similar items made of ice-cream substitute:
(g)
ice-blocks and similar items:
(h)
food that is, or consists mostly of, bars, biscuits, cones, cookies, crackers, wafers, or similar items that—
(i)
weigh less than 60g; and
(ii)
are sold as individual items:
(i)
processed or treated seeds or nuts (or mixtures of seeds and nuts) presented in quantities of less than 60g:
(j)
popcorn.
(3)
Subclause (2) does not limit the generality of subclause (1).
(4)
Food declared by regulation 9(1)(f) not to be ready-to-eat prepared food can still be snack food by virtue of subclause (1).
(5)
Regulation 11 overrides subclauses (1) and (2).
11 Certain food declared not to be snack food
(1)
Food of the following descriptions is not snack food:
(a)
unprocessed raw fruit or vegetables:
(b)
multi-packs of items of food or drink of a kind often included in school lunches.
(2)
For the purposes of subclause (1)(a), fruit or vegetables are not processed by reason only of being peeled, sliced, or both.
12 Requirements for statements of annual sales revenue (existing businesses)
(1)
In the case of premises to which subclause (2) applies, the statement of annual sales revenue to which, by virtue of section 33(2)(a)(ii) of the Act, the licensing authority or a licensing committee must have regard in determining for the purposes of the Act whether any premises are a grocery store must contain—
(a)
a statement of the gross sales revenue of the business being carried on on the premises for the period of 12 months ending no more than 90 days before the time at which the application for the issue or renewal of an off-licence for the premises is made,—
(i)
excluding GST; and
(ii)
excluding excise duty and excise-equivalent duty on tobacco products; and
(iii)
after deduction of all revenue from sales of lotto, Keno, Instant Kiwi, or any other New Zealand lottery promoted by the New Zealand Lotteries Commission; and
(b)
a statement assigning the remainder of that revenue to the following categories:
(i)
the sale of food products:
(ii)
the sale of alcohol:
(iii)
the sale of tobacco:
(iv)
the sale of convenience foods:
(v)
other revenue; and
(c)
a statement from a chartered accountant verifying the figures given as correct according to prepared accounts.
(2)
This subclause applies to premises where, as at the time at which an application for the issue or renewal of an off-licence for the premises is made,—
(a)
business has been carried on for 12 months or more; and
(b)
the business being carried on has not changed materially for at least 12 months before that time.
Regulation 12(1)(a): replaced, on 15 September 2017, by regulation 6 of the Sale and Supply of Alcohol Amendment Regulations 2017 (LI 2017/219).
13 Requirements for statements of annual sales revenue (new businesses)
(1)
In the case of premises to which subclause (2) applies, the statement of annual sales revenue to which, by virtue of section 33(2)(a)(ii) of the Act, the licensing authority or a licensing committee must have regard in determining for the purposes of the Act whether any premises are a grocery store must contain—
(a)
a statement of the projected gross sales revenue of the business to be carried on on the premises for the period of 12 months after the time at which the application for the issue or renewal of an off-licence for the premises is made—
(i)
excluding GST; and
(ia)
excluding excise duty and excise-equivalent duty on tobacco products; and
(ii)
after deduction of all projected revenue from sales of lotto, Keno, Instant Kiwi, or any other New Zealand lottery promoted by the New Zealand Lotteries Commission; and
(b)
a statement assigning the remainder of that projected revenue to the following categories:
(i)
the sale of food products:
(ii)
the sale of alcohol:
(iii)
the sale of tobacco:
(iv)
the sale of convenience foods:
(v)
other sources of revenue.
(2)
This subclause applies to premises where, as at the time at which an application for the issue or renewal of an off-licence for the premises is made,—
(a)
business has been carried on for less than 12 months; or
(b)
the business being carried on has changed materially during the 12 months before that time.
Regulation 13(1)(a)(ia): inserted, on 15 September 2017, by regulation 7 of the Sale and Supply of Alcohol Amendment Regulations 2017 (LI 2017/219).
Remote sales
14 Reasonable steps to verify that people not under purchase age
(1)
The procedures described in subclauses (2) to (4) are reasonable procedures for the purposes of complying with section 59(3) of the Act (which requires the holder of an off-licence to take reasonable steps to verify that the buyer of any alcohol that the holder sells by remote sale (and, if a person other than the buyer is to receive it, to verify that the receiver) is not under the purchase age).
(2)
In the case of an order made using an internet site, the procedure is to—
(a)
ask the prospective buyer to declare, by ticking an on-screen box, that he or she is 18 years of age or over (and, where a prospective receiver is involved, that the prospective receiver is also 18 years of age or over)—
(i)
once when the prospective buyer first enters the internet site; and
(ii)
again, immediately before the sale of any alcohol is completed; and
(b)
refuse to sell alcohol to the prospective buyer unless, on both occasions, he or she declares that he or she is 18 years of age or over (and, where a prospective receiver is involved, also declares that the prospective receiver is 18 years of age or over).
(3)
In the case of a telephone order, the procedure is to—
(a)
ask the prospective buyer to declare, orally, that he or she is 18 years of age or over (and, where a prospective receiver is involved, that the prospective receiver is also 18 years of age or over)—
(i)
once when the conversation concerned begins; and
(ii)
again, immediately before the conversation is completed; and
(b)
refuse to sell alcohol to the prospective buyer unless, on both occasions, he or she declares that he or she is 18 years of age or over (and, where a prospective receiver is involved, also declares that the prospective receiver is 18 years of age or over).
(4)
In the case of an order made on a physical order form, the procedure is to—
(a)
ensure that the form—
(i)
requires the prospective buyer to sign the form at a place at or near its end; and
(ii)
contains 2 requests for the prospective buyer to declare, by ticking a box, that he or she is 18 years of age or over (and, where a prospective receiver is involved, that the prospective receiver is also 18 years of age or over)—
(A)
one at the beginning of the form; and
(B)
the other, immediately before the place on the form where the prospective buyer is required to sign it; and
(b)
refuse to sell alcohol to the prospective buyer unless he or she has ticked both boxes and signed the form.
15 Information to be provided by remote sellers
(1)
The holder of an off-licence that sells alcohol by remote sale using an internet site must display on the internet site in a prominent place—
(a)
the information stated in subclause (4); and
(b)
either a legible image of the licence, or a clearly identified link to such an image.
(2)
The holder of an off-licence that sells alcohol by remote sale using catalogues must publish in every catalogue the information stated in subclause (4).
(3)
Every holder of an off-licence that sells alcohol by remote sale must ensure that there is printed on every receipt issued for alcohol sold remotely the information stated in subclause (4).
(4)
The information is the holder’s name and licence number, and the date on which the licence expires.
Part 2 Local alcohol policies
16 Territorial authorities adopting joint LAP
Where 2 or more territorial authorities jointly produce an LAP or jointly adopt an LAP, this Part applies as if they were a single territorial authority with a single district.
Regulation 16: amended, on 31 August 2023, by section 21 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
17 Public notice of finalised LAP
(1)
[Revoked](2)
If the finalised LAP has been developed by a single territorial authority, the public notice given by a territorial authority under section 80(1) of the Act—
(a)
must be published once in a newspaper that is—
(i)
a daily newspaper circulating in the authority’s district; or
(ii)
another newspaper in the district with a circulation not less than that of a daily newspaper circulating in the district; and
(b)
for as long as the LAP is current, must also be published by being prominently displayed on the authority’s internet site.
(3)
If the finalised LAP has been developed by 2 or more territorial authorities, the public notice given by a territorial authority under section 80(1) of the Act—
(a)
must be published once in a newspaper that is—
(i)
a daily newspaper circulating in the districts of all the authorities; or
(ii)
another newspaper in those districts with a circulation not less than that of a daily newspaper circulating in those districts; and
(b)
for as long as the LAP is current, must also be published by being prominently displayed on the internet sites of each of the authorities.
Regulation 17 heading: amended, on 31 August 2023, by section 22(1) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
Regulation 17(1): revoked, on 31 August 2023, by section 22(2) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
Regulation 17(2): amended, on 31 August 2023, by section 22(3)(a) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
Regulation 17(2): amended, on 31 August 2023, by section 22(3)(b) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
Regulation 17(2)(b): amended, on 31 August 2023, by section 22(4) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
Regulation 17(3): amended, on 31 August 2023, by section 22(5)(a) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
Regulation 17(3): amended, on 31 August 2023, by section 22(5)(b) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
Regulation 17(3)(b): amended, on 31 August 2023, by section 22(6) of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
18 Appeal against element of provisional LAP
[Revoked]Regulation 18: revoked, on 31 August 2023, by section 23 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
19 Public notice of adoption of LAP
[Revoked]Regulation 19: revoked, on 31 August 2023, by section 24 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
20 Publication of LAP adopted
(1)
Once an LAP has been adopted, the territorial authority concerned (or each of the territorial authorities concerned, if it has been adopted by 2 or more) must, in the manner to which subclause (2) refers,—
(a)
publish it by displaying it prominently on the authority’s internet site; and
(b)
ensure that it is available for inspection by the public—
(i)
at the authority’s offices, during ordinary office hours; and
(ii)
at each of the authority’s public libraries and branch libraries, during its ordinary opening hours.
(2)
The manner must indicate—
(a)
which elements are in force; and
(b)
in respect of each element that is not yet in force but will (by virtue of a resolution under section 90(1)(b) of the Act) come into force on a stated day, the day on which it will come into force.
Part 3 Notification of decisions to licensing authority
21 Information to be recorded by licensing authority
The secretary of the licensing authority must record in the register or registers maintained under section 65(1) of the Act as many of the following particulars as can be ascertained from the copies of applications and decisions sent to him or her under section 66(3) of the Act:
(a)
the name of the licensing committee concerned:
(b)
the full legal name of the applicant:
(c)
the address of the applicant for service of documents:
(d)
the nature of the application:
(e)
for an application or decision relating to a licence, a description of the premises or conveyance concerned:
(f)
the day on which the application was filed:
(g)
whether the application was contested or uncontested:
(h)
whether there was a public hearing:
(i)
the day on which the application was determined:
(j)
the outcome of the application (including any decision reference):
(k)
the day on which any licence or certificate was issued:
(l)
any conditions imposed.
22 Particulars that must be recorded relating to special licences
The secretary of a licensing committee must, in relation to each special licence issued by the committee, record the following particulars in the register kept under section 66(1)(b) of the Act:
(a)
the full legal name of the licensee:
(b)
the address of the licensee for the service of documents:
(c)
particulars of the premises or conveyance concerned:
(d)
the day on which the application was filed:
(e)
day on which the licence was issued:
(f)
any conditions imposed.
Part 4 Managers
Qualifications
23 Prescribed qualifications
(1)
A qualification is a prescribed qualification for the purposes of section 218 of the Act if—
(a)
it relates to the management of licensed premises; and
(b)
[Revoked](c)
before awarding it to any person, the organisation was satisfied that the person had successfully completed the following 2 New Zealand Qualifications Authority unit standards:
(i)
version 8 (or any later version) of unit standard 4646 (which requires a person to demonstrate knowledge of the Act); and
(ii)
version 5 (or any later version) of unit standard 16705 (which requires a person to demonstrate knowledge of host responsibility requirements as a manager).
(2)
A qualification is also a prescribed qualification for the purposes of section 218 of the Act if—
(a)
it relates to the management of licensed premises; and
(b)
[Revoked](c)
it is intended by the organisation to provide bridging training to enable the holders of manager’s certificates under the Sale of Liquor Act 1989, and people with qualifications based on that Act, to qualify for manager’s certificates under the Act (and is known as the Licence Controller Qualification Bridging Test, or has some similar name); and
(d)
before awarding it to any person, the organisation was satisfied that the person—
(i)
held a Licence Controller Qualification awarded under regulation 21AAC(2) of the Sale of Liquor Regulations 1990; or
(ii)
had successfully completed the following 2 New Zealand Qualifications Authority unit standards:
(A)
version 7 (or any earlier version) of unit standard 4646 (which required a person to demonstrate knowledge of the Sale of Liquor Act 1989); and
(B)
version 4 (or any earlier version) of unit standard 16705 (which required a person to demonstrate knowledge of host responsibility requirements as a manager).
(3)
Every reference in subclause (1) to a numbered unit standard includes a reference to a unit standard that has been developed in substitution for it.
Regulation 23: replaced, on 8 January 2015, by regulation 4 of the Sale and Supply of Alcohol Amendment Regulations 2014 (LI 2014/359).
Regulation 23(1)(b): revoked, on 1 April 2020, by section 78(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Regulation 23(2): amended, on 11 December 2015, by regulation 4 of the Sale and Supply of Alcohol Amendment Regulations 2015 (LI 2015/303).
Regulation 23(2)(b): revoked, on 1 April 2020, by section 78(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Information relating to managers
24 Information relating to full managers
The information that a licensee is required by section 232 of the Act to record in respect of each manager appointed for premises or a conveyance who is not an acting manager or temporary manager is as follows:
(a)
the manager’s full legal name, date of birth, and sex:
(b)
the number and day of expiry of the manager’s manager’s certificate:
(c)
the day on which the manager was appointed manager for the premises or conveyance:
(d)
the day on which that appointment was terminated:
(e)
in respect of each occasion on which (under section 231 of the Act) the licensee notified the licensing committee with which the application for the premises’ licence was filed of the appointment, or the cancellation or termination of the appointment, of the manager, the day on which the licensee did so:
(f)
in respect of each occasion on which (under section 231 of the Act) the licensee notified the constable in charge of the police station nearest to the premises (or, in the case of a conveyance, the office of the licensing committee with which the application for the conveyance’s licence was filed) of the appointment, or the cancellation or termination of the appointment, of the manager, the day on which the licensee did so.
25 Information relating to acting managers
The information that a licensee is required by section 232 of the Act to record in respect of each acting manager appointed for premises or a conveyance under section 230 of the Act is as follows:
(a)
the acting manager’s full legal name, date of birth, and sex:
(b)
if the acting manager holds a manager’s certificate, its number and day of expiry:
(c)
each day on which the acting manager was appointed acting manager for the premises or conveyance:
(d)
in respect of each day on which the acting manager was appointed acting manager for the premises or conveyance, the day on which the acting manager’s appointment ceased:
(e)
in respect of each day on which the acting manager was appointed acting manager for the premises or conveyance,—
(i)
the full legal name of the manager whose place the acting manager was appointed to act in; and
(ii)
a brief statement of the reason for the manager’s absence:
(f)
in respect of each occasion on which (under section 231 of the Act) the licensee notified the licensing committee with which the application for the premises’ licence was filed of the appointment, or the cancellation or termination of the appointment, of the acting manager, the day on which the licensee did so:
(g)
in respect of each occasion on which (under section 231 of the Act) the licensee notified the constable in charge of the police station nearest to the premises (or, in the case of a conveyance, the office of the licensing committee with which the application for the conveyance’s licence was filed) of the appointment, or the cancellation or termination of the appointment, of the acting manager, the day on which the licensee did so.
26 Information relating to temporary managers
The information that a licensee is required by section 232 of the Act to record in respect of each temporary manager appointed for premises or a conveyance under section 229 of the Act is as follows:
(a)
the temporary manager’s full legal name, date of birth, and sex:
(b)
the day on which the temporary manager applied for a manager’s certificate:
(c)
each day on which the temporary manager was appointed temporary manager for the premises or conveyance:
(d)
in respect of each day on which the temporary manager was appointed temporary manager for the premises or conveyance, the day on which the temporary manager’s appointment ceased:
(e)
in respect of each day on which the temporary manager was appointed temporary manager for the premises or conveyance,—
(i)
a brief statement of the reason for the temporary manager’s appointment; and
(ii)
if it was because of the dismissal or resignation of a manager, the full legal name of the manager:
(f)
in respect of each occasion on which (under section 231 of the Act) the licensee notified the licensing committee with which the application for the premises’ licence was filed of the appointment, or the cancellation or termination of the appointment, of the temporary manager, the day on which the licensee did so:
(g)
in respect of each occasion on which (under section 231 of the Act) the licensee notified the constable in charge of the police station nearest to the premises (or, in the case of a conveyance, the office of the licensing committee with which the application for the conveyance’s licence was filed) of the appointment, or the cancellation or termination of the appointment, of the temporary manager, the day on which the licensee did so.
Part 5 Licensing trusts
Polls relating to licensing trusts
27 Appointment of scrutineer to advise Minister
(1)
Where the Minister receives a written request to constitute a licensing trust, the Minister may, by notice in writing, require the licensing authority to appoint a scrutineer to peruse the request and to advise the Minister on it.
(2)
In particular, the scrutineer must—
(a)
scrutinise the names, addresses, and occupations of the signatories to the request, to ensure that they include at least 15% of the residents of the area, being persons qualified to vote in local authority elections; and
(b)
check the description of the proposed trust district, to ensure that no part of it is included in the district of any existing licensing trust.
28 Appointment of scrutineer to advise trust
(1)
A licensing trust must, by notice in writing, require the licensing authority to appoint a scrutineer to peruse, and advise the trust on—
(a)
a request under section 343 of the Act for the holding of a poll on an amalgamation proposal; or
(b)
a request under section 349 of the Act for the holding of a poll on a competition proposal; or
(c)
a request under section 355 or 356 of the Act for the holding of a poll on whether a licensing trust should be converted to a community trust.
(2)
In particular, the scrutineer must scrutinise the names, addresses, and occupations of the signatories to the request, to ensure that they include at least 15% of the electors of the trust.
29 Conduct of polls
(1)
The licensing authority must direct that a poll be held where—
(a)
a scrutineer appointed under regulation 28 has informed the authority that at least 15% of the electors of the trust have requested that a poll of a kind described in regulation 28(1) be held; or
(b)
a licensing trust has informed the authority that it has resolved that a poll of a kind described in regulation 28(1)(b) or (c) be held.
(2)
By the same or any further direction, the licensing authority may also—
(a)
fix a date for the taking of the poll; and
(b)
fix a date for the closing of the rolls of electors; and
(c)
appoint an electoral officer to conduct the poll; and
(d)
give any directions necessary in relation to the form of notices to be given by the electoral officer in respect of the poll; and
(e)
determine the form of the ballot paper; and
(f)
authorise or direct the doing of any other thing necessary or expedient for the taking of the poll.
(3)
The licensing authority—
(a)
may direct that the rolls of electors of the appropriate electoral districts (including Māori electoral districts) for the time being in force, or the rolls of electors of the districts or portions of the districts of any local authorities for the time being in force, must be suitably marked to indicate the people entitled to vote and used as the rolls of electors for the purposes of the poll; and
(b)
for the purpose of ensuring that electors residing, on the date fixed for the closing of the rolls, in the area in which the poll is to be taken are able to vote, may direct the electoral officer to prepare a supplementary roll.
(4)
Every poll must be a poll of the people residing in the area on the date fixed for the closing of the rolls who are qualified as electors of any local authority with jurisdiction in that area.
(5)
Subject to any directions given by the licensing authority, the Local Electoral Act 2001, so far as it is applicable and with any necessary modifications, applies to every poll.
30 Cost of polls
All costs and expenses of or incidental to the holding of a poll of a kind described in regulation 28(1) must be borne by the trust or trusts concerned.
Polls relating to proposed amalgamation of community trusts
31 Regulations 28 to 30 apply to polls relating to proposed amalgamation of community trusts
Regulations 28 to 30 apply, with any necessary modifications, to every poll held under section 388 of the Act.
32 Public notification of audited financial statements
(1)
A copy of the audited financial statements of a licensing trust—
(a)
must be published at least once a year,—
(i)
on the trust’s internet site; or
(ii)
in a newspaper or newspapers circulating in the trust’s district; and
(b)
must be available for inspection by the public, during ordinary office hours, at the trust’s offices.
(2)
If published on the trust’s internet site, the copy of the statements must remain accessible for at least 10 days after publication
33 Monopoly trusts to display map of district
A licensing trust to which section 350 of the Act applies must ensure that there is displayed on its internet site a map showing the boundaries of its district.
Part 6 Infringement fees
34 Infringement fees
(1)
The infringement fee payable in respect of infringement offences is—
(a)
$500 for an infringement offence against section 250 (Manager intoxicated on duty) or 251 (employee intoxicated on duty):
(b)
$250 for an infringement offence against section 243 (Buying of alcohol by people under purchase age), 244 (Minors in restricted areas or supervised areas), 245 (Permitting minors to be in restricted areas or supervised areas), 254 (Sales of spirit in vessel exceeding 500 ml), 257 (Offences relating to evidence of age documents) or 259 (Failure to comply with certain requirements and restrictions imposed by or under the Act):
(c)
$250 for an infringement offence against section 258(1)(b) (Licensee’s offences in respect of manager) relating to a breach of section 214(3)).
(2)
In subclause (1), a reference to a section by number is a reference to the section of the Act bearing the number.
Part 7 Public notice of applications, and forms
35 Form numbers
In these regulations, every reference to a form by number is a reference to the form in the Schedule with that number.
Manner of public notice of application
36 Manner of publication of public notice of applications for new licences (other than special licences)
A public notice of the making of an application for a new licence (other than a special licence)—
(a)
must be published—
(i)
in a newspaper or newspapers circulating in the district concerned that has or have been nominated for the purposes of the application by the secretary of the licensing committee to which it was made; or
(ii)
on an internet site nominated for the purposes of the application by the secretary, and remain accessible on the internet site for at least 10 days after publication; and
(b)
if it is published in a newspaper or newspapers, must be published again in the same newspaper or newspapers at least 5 and no more than 10 days after its first publication.
37 Manner of publication of public notice of applications for renewals of licences for premises or conveyance in very low-risk or low-risk fees category
(1)
This regulation applies to an application for the renewal of a licence for premises or a conveyance in the very low-risk or low-risk fees category.
(2)
A public notice of the making of an application to which subclause (1) applies—
(a)
must be published—
(i)
in a newspaper or newspapers circulating in the district concerned that has or have been nominated for the purposes of the application by the secretary of the licensing committee to which it was made; or
(ii)
on an internet site nominated for the purposes of the application by the secretary, and remain accessible on the internet site for 10 days after publication; and
(b)
if published in a newspaper, does not have to be published again.
38 Manner of publication of public notice of applications for renewal of licences for premises or conveyance in medium-risk, high-risk, or very high-risk fees category
(1)
This regulation applies to an application for the renewal of a licence for premises or a conveyance in the medium-risk, high-risk, or very high-risk fees category.
(2)
A public notice of the making of an application to which subclause (1) applies must be published in the manner required by regulation 36 for applications for new licences.
Regulation 38(2): amended, on 11 December 2015, by regulation 5 of the Sale and Supply of Alcohol Amendment Regulations 2015 (LI 2015/303).
39 Notices also to be displayed on premise
A copy of an application to which regulation 36, 37, or 38 applies must be displayed—
(a)
on the premises to which it relates, in a place (whether inside or outside the premises) where it can conveniently be read by a person outside the premises:
(b)
for at least 10 days after a copy was first published (in accordance with these regulations) in a newspaper or on an internet site.
40 Copy or printout to be sent to secretary of licensing committee
(1)
Where public notice of an application under the Act has been given in accordance with these regulations by publication more than once in a newspaper or newspapers, the applicant must deliver a copy of the notice, and details of the dates on which and newspapers in which it was published for the first and second time, to the secretary of the licensing committee to which the application was made—
(a)
as soon as possible after the second publication of the notice, and
(b)
before the hearing or determination of the application.
(2)
Where public notice of an application under the Act has been given in accordance with these regulations by publication once in a newspaper or newspapers, the applicant must deliver a copy of the notice, and details of the dates on which and newspapers in which it was published, to the secretary of the licensing committee to which the application was made—
(a)
as soon as possible after the publication of the notice, and—
(b)
before the hearing or determination of the application.
(3)
Where public notice of an application under the Act has been given in accordance with these regulations by publication on an internet site, the applicant must deliver a printout of the notice, and details of the internet site on which it was published to the secretary of the licensing committee to which the application was made—
(a)
as soon as possible after the publication of the notice, and
(b)
before the hearing or determination of the application.
41 Infringement and reminder notices
(1)
An infringement notice in relation to an infringement offence under the Act or under section 38(3) of the Summary Offences Act 1981 must be in form 1.
(2)
A reminder notice in relation to an infringement offence referred to in subclause (1) must be in form 2.
42 Other forms
(1)
(2)
Subclause (1)(a) does not require the insertion in a form of particulars that are not relevant to the application concerned.
(3)
In any particular case, any variations that the circumstances reasonably require may be made to any form, the particulars inserted, or both.
Part 8 Miscellaneous
43 Revocations
The following regulations are revoked:
(a)
Sale of Liquor Regulations 1990 (SR 1990/61):
(b)
Liquor Offences (Infringement Notice) Regulations 2006 (SR 2006/248).
Schedule Forms
Contents
Form 1 Infringement notice
| *Delete one. |
Notice no:
Issuing officer: [s or number]
Address for correspondence and queries:
To
Full legal name:
Full address:
Occupation:
Date of birth:
Sex:
Telephone No:
Licence number (if applicable):
Manager’s certificate number (if applicable):
Alleged infringement offence(s) details
Date:
Time:
Day of week:
Details of premises or specific location where alleged infringement offence committed:
Street/road:
Town/city:
Act or omission that you are alleged to have committed:
This is an offence against [refer to the provision of the Sale and Supply of Alcohol Act 2012 or the Summary Offences Act 1981 that is alleged to have been breached].
For each offence, specify the following:
| Offence number | Offence | Infringement fee payable ($) |
Payment of infringement fee(s)
The infringement fee is/fees are* payable within 28 days after [specify earliest day notice delivered personally or posted].
| *Select one. |
Procedures for payment of infringement fee
[Payment verification stamp]
[Method(s) of payment and address for payment]
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
Payment
1
If you pay the infringement fee(s) within 28 days after the service of this notice, no further enforcement action will be taken against you.
Defence
2
You will have a complete defence against proceedings relating to an alleged offence if the infringement fee is paid to the enforcement authority and received at the address specified for payment within 28 days after the service of a reminder notice in respect of the alleged offence.
3
Late payment, or payment made to any other address, will not constitute a defence to proceedings in respect of the alleged offence.
Further action
4
You must write to the enforcement authority at the address specified for correspondence and queries if you wish to do any of the following things:
(a)
raise a matter concerning the circumstances of an alleged offence for consideration by the enforcement authority:
(b)
deny liability for the alleged offence and request a court hearing:
(c)
admit liability for the offence, but have the court consider submissions as to penalty or otherwise. In your letter, you must request a hearing, admit liability in respect of the offence, and set out the submissions that you would like the court to consider.
You must ensure that your request is received on or before the last day for payment.
5
If you deny liability and request a court hearing, the enforcement authority will, if it decides to commence court proceedings in respect of the alleged offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.
6
If you admit liability but wish to have the court consider submissions, the enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. You are not entitled to make oral submissions to the court.
7
If the court finds you guilty or if you admit liability and make submissions, costs will be imposed in addition to any penalty.
8
Each offence identified by a number is a separate infringement offence. You may decide what to do in respect of each alleged offence individually, and may act in the same way in respect of all alleged offences or in different ways in respect of different alleged offences.
9
If it is not clear which alleged offence any payment relates to, your payment may be treated as relating to the alleged offences in the order in which they are set out in this notice.
Next steps
10
If you do not request a hearing and you do not pay the infringement fee within 28 days after the service of this notice, a reminder notice will be sent to you. Please note that in some circumstances if you do not receive a reminder notice you may still become liable to pay a fine and court costs.
Note: All payments, queries, and correspondence regarding this infringement notice must be directed to the enforcement authority at the relevant address shown in this notice. When writing, please include the date of the alleged infringement offence, the number of this form (shown above), the full legal name of the notice recipient, and your address for replies.
Form 2 Reminder notice in respect of infringement offence
| *Delete one. |
Notice No:
Issuing officer: [name or number]
Address for correspondence and queries:
To
Full legal name:
Full address:
Date of birth:
Sex:
Occupation:
Telephone No:
Alleged infringement offence details
Date:
Time:
Day of week:
Details of premises or specific location where alleged infringement offence committed:
Street/road:
Town/city:
Act or omission that you are alleged to have committed:
This is an offence against [refer to the provision of the Sale and Supply of Alcohol Act 2012 or the Summary Offences Act 1981 that is alleged to have been breached].
Payment of infringement fee
Infringement fee/Amount of the infringement fee* remaining unpaid: $[amount]
Total payable: $[amount]
| *Select one. |
You must pay the infringement fee within 28 days after the service of this notice. The last date for payment is [date].
[Specify method(s) of payment and address for payment.]
Service details
(To be provided for filing in court)
The infringement notice was served by personal service/prepaid post*.
| *Select one. |
The reminder notice was served by personal service/prepaid post* at [full address at which reminder notice was served].
| *Select one. |
Court record
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
Note: The type of infringement offence that you are alleged to have committed appears in this form.
Payment
1
If you pay the infringement fee or the amount of the infringement fee remaining unpaid within 28 days after the service of this notice, no further enforcement action will be taken against you.
Defence
2
You will have a complete defence against proceedings relating to the alleged offence if you can show that the infringement fee or the amount of the infringement fee remaining unpaid has been paid to the enforcement authority and received at the address specified for payment within 28 days after the service of this notice.
3
Late payment, or payment made to any other address, will not constitute a defence to proceedings in respect of the alleged offence.
Further action
4
You must write to the enforcement authority at the address specified for correspondence and queries if you wish to do any of the following things:
(a)
raise a matter concerning the circumstances of the alleged offence for consideration by the enforcement authority:
(b)
deny liability for the alleged offence and request a court hearing:
(c)
admit liability for the offence, but have the court consider submissions as to penalty or otherwise. In your letter, you must request a hearing, admit liability in respect of the offence, and set out the submissions that you would like the court to consider.
You must ensure that your request is received on or before the last day for payment.
5
If you deny liability and request a court hearing, the enforcement authority will, if it decides to commence court proceedings in respect of the alleged offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.
6
If you admit liability but wish to have the court consider submissions, the enforcement authority will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court. You are not entitled to make oral submissions to the court.
7
If the court finds you guilty or if you admit liability and make submissions, costs will be imposed in addition to any penalty.
Next steps
8
If you do not request a hearing and you do not pay the infringement fee or the amount of the infringement fee remaining unpaid within 28 days after the service of this notice, you will become liable to pay a fine and court costs.
Note: All payments, queries, and correspondence regarding this notice must be directed to the enforcement authority at the relevant address shown in this notice. When writing, please include the date of the alleged infringement offence, the reminder notice number (shown above), the full legal name of the notice recipient, and your address for replies.
Form 3 Application for on-licence or renewal of on-licence
To the Secretary
District Licensing Committee [name of territorial authority]
Application for [state whether application is for on-licence or renewal of on-licence] is made in accordance with the particulars set out below.
Endorsements
[State (by type) every endorsement sought or sought to be renewed.]
Details of applicant
Full legal name or names to be on licence [state]
Whether licence already held for premises or conveyance concerned [state Yes/No, and if “Yes”, state kind of licence]
Applicant status [state, by reference to section 28 of Sale and Supply of Alcohol Act 2012, the status of the applicant (for example, natural person or persons, body corporate, or department of State)]
For applicant that is a natural person or persons, details [for each, state full legal name, any aliases, usual residential address, sex, occupation, date and place of birth, any internet site, preferred mode of contact]
For applicant that is a body corporate, authority under which incorporated [state]
For applicant that is not a natural person or persons, details of contact person [state name, telephone number or numbers, any fax number, any internet site, preferred mode of contact]
Postal address for service
Business details [describe principal business, any other businesses]
Criminal convictions [state all criminal convictions (other than convictions for offences against provisions of the Land Transport Act 1998 not contained in Part 6, and offences to which the Criminal Records (Clean Slate) Act 2004 applies)]
For a company (whether incorporated under the Companies Act 1993 or equivalent foreign legislation), full legal names of directors [state]
For a private company incorporated under the Companies Act 1993, [state authorised capital, paid-up capital, and the following:]
Name Address Date of birth Place of birth Designation Face value of shares held For a partnership, full legal names and addresses of partners [state]
Details of premises (if not a conveyance)
Address [state]
Any name, trading name, or name of building [state]
If not owned by applicant,—
Tenure [state whether to be held as leasehold, or under tenancy agreement or licence]
Full legal name and address of owner [state]
Whether licence conditional on completion of building work [state Yes/No, and if “Yes”, state details]
Details of conveyance
Kind [state (eg, ship, railway carriage, bus, etc)]
Tenure [state whether owned by applicant, or to be operated under charter, lease, or licence]
If not owned by applicant, full legal name and address of owner [state]
Any registration number [state]
Any home base address [state]
Any name used or proposed for conveyance [state]
whether licence conditional on completion of construction work [state Yes/No, and if “Yes”, state details]
Details of managers
For each manager or proposed manager, full legal name, number and expiry date of manager’s certificate [state]
Business details
General nature of the business to be conducted by applicant in the premises if licence granted [for example, hotel, tavern, restaurant, entertainment/nightclub]
Whether sale of alcohol intended to be principal purpose of business [state Yes/No]
If
“No”
, intended principal purpose of business [state]Whether applicant engaged, or intending to be engaged, in the sale or supply of any goods other than alcohol and food, or in the provision of any services other than those directly related to the sale or supply of alcohol and food [state Yes/No]
If
“Yes”
, nature of other goods or services [state]Days and hours proposed for sale of alcohol [state]
In the case only of a BYO restaurant, whether applicant wishes to have licence endorsed under section 37 of the Act [state Yes/No]
Conditions
Experience and training of applicant [state]
Food intended to be available for purchase [describe type and range]
Non-alcoholic beverages intended to be available for purchase [describe type and range]
Low-alcohol beverages intended to be available for purchase [describe type and range]
To what extent, and where, drinking water is intended to be freely available to patrons [describe]
If no access to mains water supply, potability of water intended to be available [describe]
Steps intended to be taken to provide help with and information about transport options from the premises [describe type and range]
Steps proposed to be taken to prevent the sale and supply of alcohol to prohibited people [describe]
Any other steps the applicant proposes to promote the responsible consumption of alcohol [describe]
Other systems (including training systems), and staff in place (or to be in place) for compliance with the Act [describe]
Attachments (if not a conveyance)
Copy of planning consent
Copies of all relevant building certificates consents
Floor plan showing—
each area to be designated as a supervised area or restricted area, and indicating whether supervised or restricted area; and
the principal entrance
For body corporate applicant, copy of certificate of incorporation (or equivalent document)
Attachments (conveyance)
Floor plan showing each area to be designated as a supervised area or restricted area, and indicating whether supervised or restricted area.
For body corporate applicant, copy of certificate of incorporation (or equivalent document)
Further details where applicant is a company
Full details of each person who holds 20% or more of the shares, or of any particular class of shares, issued by the company:
| Name | Address | Date of birth | Place of birth | Designation | ||||
Further details where applicant is a partnership
Full details of each partner as follows:
| Name | Address | Date of birth | Place of birth |
Signature of each partner:
Dated at: [place, date]
Signature of applicant:
Notes
1
This form must be accompanied by the prescribed fee.
2
Within 20 working days after filing this application with the District Licensing Committee (or 10 working days if it is an application for renewal), the applicant must give public notice of it in form 7. The notice must be given in compliance with regulation 36, 37, or 38 of the Sale and Supply of Alcohol Regulations 2013 (whichever applies to this application).
3
Except in the case of a conveyance, within 10 working days after filing this application with the District Licensing Committee, the applicant must ensure that notice of this application in form 7 is attached in a conspicuous place on or adjacent to the site to which this application relates (unless the Secretary of the District Licensing Committee agrees that it is impracticable or unreasonable to do so).
Form 4 Application for off-licence or renewal of off-licence
To the Secretary
District Licensing Committee [name of territorial authority]
Application for [state whether application is for off-licence or renewal of off-licence] is made in accordance with the particulars set out below.
Endorsements
[State (by type) every endorsement sought or sought to be renewed.]
Details of applicant
Full legal name or names to be on licence: [state]
Whether licence already held for premises or conveyance concerned [state Yes/No, and if “Yes”, state kind of licence]
Applicant status [state, by reference to section 28 of Sale and Supply of Alcohol Act 2012, the status of the applicant (for example, natural person or persons, body corporate, or department of State)]
For applicant that is a natural person or persons, details [for each, state full legal name, any aliases, usual residential address, sex, occupation, date and place of birth, any internet site, preferred mode of contact]
For applicant that is a body corporate, authority under which incorporated [state]
For applicant that is not a natural person or persons, details of contact person [state name, telephone number or numbers, any fax number, any internet site, preferred mode of contact]
Postal address for service
Business details [describe principal business, any other businesses]
Criminal convictions [state all criminal convictions (other than convictions for offences against provisions of the Land Transport Act 1998 not contained in Part 6, and offences to which the Criminal Records (Clean Slate) Act 2004 applies)]
For a company (whether incorporated under the Companies Act 1993 or equivalent foreign legislation), full legal names of directors [state]
For a private company incorporated under the Companies Act 1993 [state authorised capital, paid-up capital, and the following]:
Name Address Date of birth Place of birth Designation Face value of shares held For a partnership, full legal names and addresses of partners [state]
Details of premises (if not a conveyance)
Address [state]
Any name, trading name, or name of building [state]
If not owned by applicant,—
Tenure [state whether to be held as leasehold, or under tenancy agreement or licence]
Full legal name and address of owner [state]
Type [state whether grocery, hotel, retail shop (other than grocery), or tavern]
Whether licence conditional on completion of building work [state Yes/No, and if “Yes”, state details]
Details of conveyance
Type [state (eg, ship, railway carriage, bus, etc)]
Tenure [state whether owned by applicant, or to be operated under charter, lease, or licence]
If not owned by applicant, full legal name and address of owner [state]
Any registration number [state]
Any home base address [state]
Any name used or proposed for conveyance [state]
Whether licence conditional on completion of construction work [state Yes/No, and if “Yes”, state details]
Details of managers
For each manager or proposed manager, full legal name, number and expiry date of manager’s certificate [state]
Business details
Whether sale of alcohol intended to be principal purpose of business [state Yes/No]
If “No”, intended principal purpose of business [state]
Whether applicant engaged, or intending to be engaged, in the sale or supply of any goods other than alcohol and food, or in the provision of any services other than those directly related to the sale or supply of alcohol and food [state Yes/No]
If “Yes”, nature of other goods or services [state]
Days and hours proposed for sale of alcohol [state]
Conditions
Experience and training of applicant [state]
Steps proposed to be taken to prevent the sale and supply of alcohol to prohibited people [describe]
Any other steps the applicant proposes to promote the responsible consumption of alcohol [describe]
Other systems (including training systems), and staff in place (or to be in place) for compliance with the Act [describe]
Attachments (premises that are not a conveyance)
Copy of planning certificate consent
Copies of all relevant building certificates consents
Where it must be determined whether the premises are grocery store, the statement of annual sales revenue required by regulation 12 or 13 (as the case requires) of the Sale and Supply of Alcohol Regulations 2013
Floor plan showing Floor plan showing any proposed permitted area for the display and promotion of alcohol, and any proposed sub-areas
For body corporate applicant, copy of certificate of incorporation (or equivalent document)
Attachments (conveyance)
Floor plan showing each area to be designated as a supervised area or restricted area, and indicating whether supervised or restricted area.
For body corporate applicant, copy of certificate of incorporation (or equivalent document).
Further details where applicant is a company
Full details of each person who holds 20% or more of the shares, or of any particular class of shares, issued by the company:
| Name | Address | Date of birth | Place of birth | Designation | ||||
Further details where applicant is a partnership
Full details of each partner as follows:
| Name | Address | Date of birth | Place of birth |
Signature of each partner:
Dated at: [place, date]
Signature of applicant:
Notes
1
This form must be accompanied by the prescribed fee.
2
Within 20 working days after filing this application with the District Licensing Committee (or 10 working days if it is an application for renewal), the applicant must give public notice of it in form 7. The notice must be given in compliance with regulation 36, 37, or 38 of the Sale and Supply of Alcohol Regulations 2013(whichever applies to this application).
3
Except in the case of a conveyance, within 10 working days after filing this application with the District Licensing Committee, the applicant must ensure that notice of this application in form 7 is attached in a conspicuous place on or adjacent to the site to which this application relates (unless the Secretary of the District Licensing Committee agrees that it is impracticable or unreasonable to do so).
Form 5 Application for club licence or renewal of club licence
To the Secretary
District Licensing Committee [name of territorial authority]
Application for [State whether application is for club licence or renewal of club licence] is made in accordance with the particulars set out below.
Details of applicant
Full legal name or names to be on licence: [state]
Whether licence already held for premises concerned [state Yes/No, and if “Yes”, state kind of licence]
Applicant status [state, by reference to section 28 of Sale and Supply of Alcohol Act 2012, the status of the applicant (for example, natural person or persons, or body corporate)]
For applicant that is a natural person or persons, details [for each, state full legal name, any aliases, usual residential address, sex, occupation, date and place of birth, any internet site, preferred mode of contact]
For applicant that is a body corporate, authority under which incorporated [state]
For applicant that is not a natural person or persons, details of contact person [state name, telephone number or numbers, any fax number, any internet site, preferred mode of contact]
Postal address for service
Business details [describe principal business, any other businesses]
Criminal convictions [state all criminal convictions (other than convictions for offences against provisions of the Land Transport Act 1998 not contained in Part 6, and offences to which the Criminal Records (Clean Slate) Act 2004 applies)]
Details of premises
Address [state]
Any name, trading name, or name of building [state]
Name of any other club with which applicant shares premises [state]
If not owned by applicant,—
tenure [state whether to be held as leasehold, or under tenancy agreement or licence]
full legal name and address of owner [state]
Whether licence conditional on completion of building work [state Yes/No, and if “Yes”, state details]
Details of managers
For each manager or proposed manager, full legal name, number and expiry date of manager’s certificate [state]
Club details
Authority under which club incorporated [state]
Membership [state total membership, and number of members under 18 years of age]
Contact details of club secretary
Whether sale of alcohol intended to be principal purpose of club [state Yes/No]
If “No”, intended principal purpose of club [state]
Whether applicant engaged, or intending to be engaged, in the sale or supply of any goods other than alcohol and food, or in the provision of any services other than those directly related to the sale or supply of alcohol and food [state Yes/No]
If “Yes”, nature of other goods or services [state]
Days and hours proposed for sale of alcohol [state]
Conditions
Experience and training of applicant [state]
Food intended to be available for purchase [describe type and range]
Non-alcoholic beverages intended to be available for purchase [describe type and range]
Low-alcohol beverages intended to be available for purchase [describe type and range]
To what extent, and where, drinking water is intended to be freely available to members [describe]
If no access to mains water supply, potability of water intended to be available [describe]
Steps intended to be taken to provide help with and information about transport options from the premises [describe type and range]
Steps proposed to be taken to prevent the sale and supply of alcohol to prohibited people [describe]
Any other steps the applicant proposes to promote the responsible consumption of alcohol [describe]
Other systems (including training systems), and staff in place (or to be in place) for compliance with the Act [describe]
Attachments
Copy of planning consent
Copies of all relevant building certificates consents
Floor plan showing—
each area to be designated as a supervised area or restricted area, and indicating whether supervised or restricted area; and
the principal entrance
Copy of any certificate of incorporation (or equivalent document)
Names of other clubs with which club has reciprocal visiting rights for members
Dated at: [place, date]
Signature of applicant:
Notes
1
This form must be accompanied by the prescribed fee.
2
Within 20 working days after filing this application with the District Licensing Committee (or 10 working days if it is an application for renewal), the applicant must give public notice of it in form 7. The notice must be given in compliance with regulation 36, 37, or 38 of the Sale and Supply of Alcohol Regulations 2013 (whichever applies to this application).
3
Except in the case of a conveyance, within 10 working days after filing this application with the District Licensing Committee, the applicant must ensure that notice of this application in form 7 is attached in a conspicuous place on or adjacent to the site to which this application relates (unless the Secretary of the District Licensing Committee agrees that it is impracticable or unreasonable to do so).
Form 6 Application for special licence
To the Secretary
District Licensing Committee [name of territorial authority]
Application for a special licence is made in accordance with the particulars set out below.
Type of special licence applied for, and whether event foreseeable
[State whether on-site or off-site]
Whether the event for which the special licence is applied for could reasonably have been foreseen [State Yes/No, and if “No” describe circumstances]
Details of applicant
Full legal name or names to be on licence [state]
Whether licence already held for premises or conveyance concerned [state Yes/No, and if “Yes”, state kind of licence]
Applicant status [state, by reference to section 28 of Sale and Supply of Alcohol Act 2012, the status of the applicant]
For applicant that is a body corporate, authority under which incorporated [state]
For applicant that is not a natural person or persons, details of contact person [state name, telephone number or numbers and any fax number, any internet site, preferred mode of contact]
Postal address for service
Business details [describe principal business, any other businesses]
Criminal convictions [state all criminal convictions (other than convictions for offences against provisions of the Land Transport Act 1998 not contained in Part 6, and offences to which the Criminal Records (Clean Slate) Act 2004)]
Details of managers
For each manager or proposed manager, full legal name, number and expiry date of manager’s certificate [state]
Details of premises or conveyance (on-site special licence)
Address of premises [state]
Any name, trading name, or name of building [state]
Tenure [state whether to be held as freehold, unit title, leasehold, or under licence]
Whether licence conditional on completion of building work [state Yes/No, and if “Yes”, state details]
or
Type of conveyance [state (eg, ship, railway carriage, bus, etc)]
Any registration number [state]
Any home base address [state]
Any name used or proposed for conveyance [state]
Event details (on-site special licence)
Nature of event [describe]
Days and hours proposed for sale of alcohol [state]
Estimate of number of people attending [state]
Probable age distribution of people attending [state]
Principal purpose of event [state]
Whether applicant intending to engage in the sale or supply of any goods other than alcohol and food, or in the provision of any services other than those directly related to the sale or supply of alcohol and food [state Yes/No, and if “Yes”, nature of other goods and services]
Types of container in which alcohol to be sold [state]
Conditions (on-site special licence)
Experience and training of applicant [state]
Provision for intended to be made—
Food [describe type and range]
Non-alcoholic beverages [describe type and range]
Low-alcohol beverages [describe type and range]
To what extent, and where, drinking water is intended to be freely available to patrons [describe]
If no access to mains water supply, potability of water intended to be available [describe]
Steps intended to be taken to provide help with and information about alternative forms of transport from the premises [state]
Steps proposed to be taken to prevent the sale and supply of alcohol to prohibited people [describe]
Any other steps the applicant proposes to promote the responsible consumption of alcohol [describe]
Other systems (including training systems) and staff in place (or to be in place) for compliance with the Act [describe]
Attachment (on-site special licence)
Floor plan showing—
each area to be designated as a supervised area or restricted area, and indicating whether supervised or restricted area; and
the principal entrance
Details of premises or conveyance (off-site special licence)
Address of premises [state]
Any name, trading name, or name of premises [state]
Tenure [state whether to be held as freehold, unit title, leasehold, or under licence]
Whether licence conditional on completion of building work [state Yes/No, and if “Yes”, state details]
Whether applicant owns proposed licensed premises [State Yes/No]
If No,—
full legal name and address of the owner [state]
form of tenure of premises applicant will have (including term of tenure) [state]
Parts (if any) of the premises the applicant intends should be designated as a restricted area or a supervised area [attach plan]
or
Type of conveyance [state (eg, ship, railway carriage, bus, etc)]
Any registration number [state]
Any home base address [state]
Any name used or proposed for conveyance [state]
Event details (off-site special licence)
Nature of event [describe]
Days and hours proposed for sale of alcohol [state]
Estimate of number of people attending [state]
Probable age distribution of people attending [state]
Principal purpose of event [state]
Whether applicant intending to engage in the sale or supply of any goods other than alcohol and food, or in the provision of any services other than those directly related to the sale or supply of alcohol and food [state Yes/No, and if “Yes”, nature of other goods and services]
types of container in which alcohol to be sold [state]
Conditions (off-site special licence)
Experience and training of applicant [state]
Systems (including training systems) and staff in place (or to be in place), for compliance with the Act [describe]
Steps proposed to be taken to prevent the sale and supply of alcohol to prohibited people [describe]
Any other steps the applicant proposes to promote the responsible consumption of alcohol [describe]
Dated at: [place, date]
Signature of applicant:
Notes
1
This form must be accompanied by the prescribed fee.
2
If required to do so by the secretary of the District Licensing Committee, the applicant must within 10 working days after filing this application with the committee ensure that notice of this application in form 8 is attached in a conspicuous place on or adjacent to the site to which this application relates.
Form 7 Public notice of application for on-licence, off-licence, or club licence (or application for variation of conditions of on-licence, off-licence, or club licence)
[Full name, address, and occupation of applicant] has made application to the District Licensing Committee at [place] for the issue (or renewal or variation of conditions of) of a [state kind of licence] in respect of the premises situated at [address] (or the [specify kind of conveyance] known as [specify].
The general nature of the business conducted (or to be conducted) under the licence is [type of business, for example, hotel, tavern, restaurant, entertainment/night club].
The days on which and the hours during which alcohol is (or is intended to be) sold under the licence are [specify days and hours].
The application may be inspected during ordinary office hours at the office of the [specify] District Licensing Committee at [number, street, and town].
Any person who is entitled to object and who wishes to object to the issue of the licence may, not later than 15 working days after the date of the publication of this notice, file a notice in writing of the objection with the Secretary of the District Licensing Committee at [full postal address].
No objection to the issue of a licence may be made in relation to a matter other than a matter specified in section 105(1) of the Sale and Supply of Alcohol Act 2012.
No objection to the renewal of a licence may be made in relation to a matter other than a matter specified in section 131 of the Sale and Supply of Alcohol Act 2012.
(In case of publication in newspaper(s)) This is the [state whether first, second, or only] publication of this notice.
(In case of second publication in newspaper(s)) This notice was first published on [state date].
Form 8 Public notice of application for special licence
r 4
[Full name, address, and occupation of applicant] has made application to the District Licensing Committee at [place] for the issue of a special licence for the premises situated at [address] (or the [specify kind of conveyance] known as [specify].
The nature of the event for which the licence is required [describe].
The days on which and the hours during which alcohol is intended to be sold under the licence are [specify days and hours].
The application may be inspected during ordinary office hours at the office of the [specify] District Licensing Committee at [number, street, and town].
Any person who is entitled to object and wishes to object to the issue of the licence may file a notice in writing of the objection with the Secretary of the District Licensing Committee at [full postal address] no later than [date specified by Secretary of District Licensing Committee].
No objection to the issue of a licence may be made in relation to a matter other than a matter specified in section 142(1) of the Sale and Supply of Alcohol Act 2012.
Form 9 On-licence (premises that are not a conveyance)
Pursuant to the Sale and Supply of Alcohol Act 2012 (the Act), [full legal name] (the licensee) is authorised to sell and supply alcohol on the premises situated at [number, street, and town] and known as [trading name of premises], to any person for consumption on the premises and to let people consume alcohol there.
Endorsement
(To be included only where the licence is endorsed under section 37 of the Act.)
Section 37 of the Act applies to this licence; and the licensee is also authorised to—
let any person who is on the premises to dine consume any alcohol brought there by that person or by any other person who is there to dine with him or her; and
let the person who brought the alcohol to the premises remove any of it from the restaurant if the container it is in is sealed or resealed; and
sell and supply, for consumption on the premises by any person who is there to dine, any food or hot drink containing not more than 14.33% alcohol by volume; and
let people consume alcohol on the premises.
Endorsement
(To be included only where the licence is endorsed under section 38 of the Act.)
Section 38 of the Act applies to this licence; and the licensee is authorised to deliver alcohol from the premises and sell it on any other premises for consumption on those other premises by people attending a reception, function, or other social gathering promoted by a person or association of people other than the licensee.
(Except in the case of a licence endorsed under section 39 or 40 of the Act) the authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Subpart 7 of Part 2 of the Act.
Conditions
This licence is subject to the following conditions:
(a)
(except in the case of a licence endorsed under section 38 of the Act (or when the licensee also holds a special licence for the premises)) no alcohol is to be sold on the premises on Good Friday, Christmas Day, or before 1 pm on Anzac Day to any person who is not—
(i)
residing or lodging on the premises; or
(ii)
present on the premises to dine.
(b)
alcohol may be sold only on the following days and during the following hours: [state]
*(c)
the following steps must be taken to promote the responsible consumption of alcohol: [state]
*(d)
the following steps must be taken to ensure that the provisions of the Act relating to the sale of alcohol to prohibited persons are observed: [state]
*(e)
the whole (or each of the following parts) of the premises is designated as a restricted area: [state]
*(f)
the whole (or each of the following parts) of the premises is designated as a supervised area: [state]
| *Omit this paragraph if it does not apply. |
Duration
Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence continues in force—
(a)
either—
(i)
until the close of the period for which it was last renewed; or
(ii)
if it has never been renewed, until the close of the period of 12 months after the day it was issued; but
(b)
if an application for the renewal of the licence is duly made before the licence would otherwise expire, either—
(i)
until the close of the period of 3 years after the period for which it was last renewed; or
(ii)
if it has never been renewed, until the close of the period of 4 years after the day it was issued.
Dated at: [place, date]
[Signature]
(Secretary, District Licensing Committee) (or) Alcohol Regulatory and Licensing Authority)
Form 10 Off-licence
Pursuant to the Sale and Supply of Alcohol Act 2012 (the Act), [full legal name] (the licensee) is authorised to sell alcohol on the premises situated at [number, street, and town] and known as [trading name of premises], to any person for consumption off the premises and to supply alcohol free, as a sample, for consumption on the premises.
If this licence is not endorsed under section 40 of the Act, the licensee is also authorised to sell alcohol on or from the premises and deliver it somewhere else.
Endorsement
(To be included only where the licence is endorsed under section 39 the Act)
Section 39 of the Act applies to this licence; and the licensee is also authorised to sell alcohol by auction in the course of the licensee’s business as an auctioneer.
Endorsement
(To be included only where the licence is endorsed under section 40 the Act)
Section 40 of the Act applies to this licence; and the licensee is authorised to sell alcohol from (but not on) the premises and deliver it somewhere else.
(Except in the case of a licence endorsed under section 39 or 40 of the Act)
The authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Subpart 7 of Part 2 of the Act.
Conditions
This licence is subject to the following conditions:
(a)
no alcohol is to be sold or delivered on Good Friday, Christmas Day, or before 1 pm on Anzac Day:
(b)
no alcohol is to be sold or delivered on Easter Sunday unless the alcohol is grape wine or fruit or vegetable wine made—
(i)
on the premises; or
(ii)
from grapes or fruit harvested from land on which the premises are situated:
(c)
(in the case only where the licensee is the holder of a club licence) alcohol may be sold or supplied only to a person who—
(i)
is a member of the club: or
(ii)
is on the premises at the invitation of, and is accompanied by, a member of the club; or
(iii)
is a member of some other club with which the club has an arrangement for reciprocal visiting rights for members:
(d)
(In the case only where the premises are a supermarket or grocery store) no alcohol may be sold other than—
(i)
beer that complies with the appropriate New Zealand food standard for beer; or
(ii)
mead that complies with the appropriate New Zealand food standard for mead; or
(iii)
fruit or vegetable wine that complies with the appropriate New Zealand food standard for fruit or vegetable wine; or
(iv)
grape wine that complies with the appropriate New Zealand food standard for grape wine; or
(v)
a food flavouring, prepared for culinary purposes, that is unsuitable for drinking undiluted.
(e)
alcohol may be sold only on the following days and during the following hours: [state]
*(f)
the whole (or each of the following parts) of the premises is designated as a restricted area: [state]
*(g)
the whole (or each of the following parts) of the premises is designated as a supervised area: [state]
*(h)
(in the case only of a supermarket or grocery) the only area delineated on the attached plan is a permitted area for the display and promotion of alcohol:
(i)
[any other conditions imposed under section 110, 111, 116, or 117, of the Act]
| *Omit this paragraph if it does not apply. |
Duration
Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence continues in force—
(a)
either—
(i)
until the close of the period for which it was last renewed; or
(ii)
if it has never been renewed, until the close of the period of 12 months after the day it was issued; but
(b)
if an application for the renewal of the licence is duly made before the licence would otherwise expire, either—
(i)
until the close of the period of 3 years after the period for which it was last renewed; or
(ii)
if it has never been renewed, until the close of the period of 4 years after the day it was issued.
Dated at: [place, date]
[Signature]
(Secretary, District Licensing Committee) (or) Alcohol Regulatory and Licensing Authority)
Form 11 Club licence
Pursuant to the Sale and Supply of Alcohol Act 2012 [Name of club] is authorised to sell and supply alcohol, on the premises situated at [number, street, and town] and known as [name of premises], for consumption on the premises, to any person who—
is member of the club; or
is on the premises at the invitation of, and is accompanied by, a member of the club; or
is a member of some other club with which the club has an arrangement for reciprocal visiting rights for members.
The authority conferred by this licence must be exercised through a manager or managers appointed by the club in accordance with subpart 7 of Part 2 of the Act.
Conditions
This licence is subject to the following conditions:
*alcohol must be sold only on the following days and during the following hours: [state]
*the whole (or each of the following parts) of the premises is designated as—
a restricted area: [describe]
a supervised area: [describe]
*(where the application was made on behalf of an unincorporated association of persons) the club must become incorporated on or before [date]
| *Delete where not applicable. |
Duration
Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence continues in force—
(a)
either—
(i)
until the close of the period for which it was last renewed; or
(ii)
if has never been renewed before, until the close of the period of 12 months after the day it was issued; but
(b)
if an application for the renewal of the licence is duly made before the licence would otherwise expire, either—
(i)
until the close of the period of 3 years after the period for which it was last renewed; or
(ii)
if has never been renewed before, until the close of the period of 4 years after the day it was issued.
Dated at: [place, date]
[Signature]
(Secretary, District Licensing Committee) (or) Alcohol Regulatory and Licensing Authority)
Schedule form 11: amended, on 11 December 2015, by regulation 6 of the Sale and Supply of Alcohol Amendment Regulations 2015 (LI 2015/303).
Form 12 Special licence (for premises that are not a conveyance)
Pursuant to the Sale and Supply of Alcohol Act 2012, [full legal name] is authorised to sell and supply alcohol, on the premises situated at [number, street, and town] and known as [trading name of premises] to any person attending the following occasion or event (or series of occasions or events): [describe]
(Except where the District Licensing Committee grants an exemption under section 213(2) of the Act) The authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Subpart 6 of Part 2 of the Act.
Conditions
This licence is subject to the following conditions:
alcohol may be sold under the licence only on the following days and during the following hours: [state]
a one-way door applies during the following times: [state]
alcohol may be sold or supplied to the following types of people: [state]
the fees payable for the licence concerned are: [state]
the licensee must take the following steps to ensure that the provisions of this Act relating to the sale or supply of alcohol to prohibited persons are observed: [state]
the licensee must take the following steps to ensure that the provisions of this Act relating to the management of premises are observed: [state]
drinking water must be freely available at the following places while the premises are open for business: [state]
where the principal business carried out on the premises is not the manufacture or sale of alcohol, alcohol may be sold or delivered on or from the premises in the following circumstances [state]
food must be available for consumption on the premises as follows: [state]
low-alcohol beverages must be available for sale and supply on the premises as follows: [state]
non-alcohol beverages must be available for sale and supply on the premises as follows: [state]
the licensee must take the following steps to provide assistance with or information about alternative forms of transport from the premises: [state]
members of the public must be excluded from the premises in the following circumstances: [state]
alcohol may be sold in the following types of container only: [state]
the licensee must file with the District Licensing Committee returns relating to the sale of alcohol as follows: [state]
the licence is also subject to the following conditions, which in the committee’s opinion are not inconsistent with the Act: [state]
| *Delete where not applicable. |
Duration
Date and time of each event for which the licence is issued: [state]
This licence is in force from [time, date] until [time, time].
Dated at: [place, date]
[Signature]
(Secretary, District Licensing Committee)
(Name of territorial authority)
Form 13 Special licence (for conveyance)
Pursuant to the Sale and Supply of Alcohol Act 2012, [full legal name] is authorised to sell and supply alcohol, on the [kind of conveyance] known as [name of conveyance], based at [home base] to any person attending the following occasion or event (or series of occasions or events): [describe]
(Except where the District Licensing Committee grants an exemption under section 213(2) of the Act.)
The authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Subpart 6 of Part 2 of the Act.
Conditions
This licence is subject to the following conditions:
alcohol may be sold under the licence only on the following days and during the following hours: [state]
a one-way door applies during the following times: [state]
alcohol may be sold or supplied to the following types of people: [state]
the fees payable for the licence concerned are: [state]
the licensee must take the following steps to ensure that the provisions of this Act relating to the sale or supply of alcohol to prohibited persons are observed: [state]
the licensee must take the following steps to ensure that the provisions of this Act relating to the management of conveyances are observed: [state]
drinking water must be freely available at the following places while the conveyance is open for business: [state]
where the principal business carried out on the conveyance is not the manufacture or sale of alcohol, alcohol may be sold or delivered on or from the conveyance in the following circumstances [state]
food must be available for consumption on the conveyance as follows: [state]
low-alcohol beverages must be available for sale and supply on the conveyance as follows: [state]
non-alcohol beverages must be available for sale and supply on the conveyance as follows: [state]
the licensee must take the following steps to provide assistance with or information about alternative forms of transport from the conveyance: [state]
members of the public must be excluded from the conveyance in the following circumstances: [state]
alcohol may be sold in the following types of container only: [state]
the licensee must file with the District Licensing Committee returns relating to the sale of alcohol as follows: [state]
the licence is also subject to the following conditions, which in the committee’s opinion are not inconsistent with the Act: [state]
| *Delete where not applicable. |
Duration
Date and time of each event for which the licence is issued: [state]
This licence is in force from [time, date] until [time, date].
Dated at: [place, date]
[Signature]
(Secretary, District Licensing Committee)
(Name of territorial authority)
Form 14 Application for variation or cancellation of conditions of licence
To the Secretary
District Licensing Committee at [place]
Application for the variation or cancellation of the conditions of a licence is made in accordance with the details set out below.
Details of licensee
Full legal name:
Postal address for service of documents:
Daytime contact name and telephone number:
Details of licence
Type of licence (tick appropriate box):
□ On-licence □ Off-licence □ Club licence Number: [state]
Details of premises
(To be included only where the licence applies to any premises that are not a conveyance.)
Address: [state]
Trading or other name (if any): [state]
Details of conveyance
(To be included only where the licence applies to any conveyance.)
Type of conveyance: [state]
Address of home base (if any): [state]
Trading or other name (if any): [state]
Conditions
(To be filled in for each condition to which the application relates)
Terms of condition at present: [state]
Action sought (tick appropriate box)
| □ Variation | □ Cancellation |
If variation, in what respect does the applicant seek to vary the condition? [state]
Full reasons for variation or cancellation: [state]
Dated at: [place, date]
Signature of applicant:
Notes
1
This application must be accompanied by the prescribed fee.
2
Within 20 working days after filing this application with the District Licensing Committee, the applicant must give public notice of the application in form 7. The notice must be given in compliance with regulation 37 or 38 of the Sale and Supply Alcohol Regulations 2013 as if this application for variation were an application for the renewal of a licence.
3
Within 10 working days after filing this application with the District Licensing Committee, the applicant must ensure that notice of the application in form 7 is attached in a conspicuous place on or adjacent to the site to which the application relates (unless the Secretary of the District Licensing Committee agrees that it is impracticable or unreasonable to do so).
Form 15 Notice of renewal of licence
To [full legal name of licensee]
The [kind of licence] in respect of the premises situated at [number, street, and town] (or the [state kind of conveyance]) and known as [name of conveyance] is renewed.
The present conditions of the licence continue to apply.
or
[Where the District Licensing Committee or Alcohol Regulatory and Licensing Authority has altered the conditions of the licence]
The present conditions of the licence continue to apply subject to the following changes: [state]
Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, the licence continues in force—
until the close of the period for which it is renewed; or
if an application for the renewal of the licence is duly made before it would otherwise expire, until the close of the period of 3 years after the period for which it is renewed.
Dated at: [place, date]
[Signature]
(Secretary, District Licensing Committee)
(Name of territorial authority)
[or]
(Secretary, Alcohol Regulatory and Licensing Authority )
Form 16 Application for temporary authority
To the Secretary
District Licensing Committee [name of territorial authority]
Application for temporary authority to carry on the sale and supply (or delivery) of alcohol is made in accordance with the details set out below.
Details of applicant
Full legal name, address, and occupation: [state]
Postal address for service of documents: [state]
Daytime contact name and telephone number: [state]
Details of licence
Type of licence (tick appropriate box):
□ On-licence □ Off-licence Number: [state]
Details of premises
(To be included only where the licence applies to any premises that are not a conveyance.)
Address: [state]
Trading or other name (if any): [state]
Details of conveyance
(To be included only where the licence applies to any conveyance.)
Type of conveyance: [state]
Address of home base (if any): [state]
Trading or other name (if any): [state]
Further details
What right, title, estate, or interest does the applicant have—
in the premises (or conveyance) to which the application relates? [state]
in any business conducted in the premises (or conveyance) to which the application relates? [state]
Does the applicant intend to carry on the sale and supply (or delivery) of alcohol personally? Yes/No
If No, what is the full legal name, address, and occupation of the person through whom the applicant intends to carry on the sale and supply (or delivery) of alcohol?
-
Name: [state]
-
Address: [state]
-
Occupation: [state]
What are the reasons for the application? [state]
Dated at: [place, date]
Signature of applicant:
Notes
1
This application must be accompanied by the prescribed fee.
2
The District Licensing Committee may require notice of this application to be given to any person or persons it may state.
Form 17 Application for manager’s certificate
To the Secretary
District Licensing Committee [name of territorial authority]
Application for a manager’s certificate is made in accordance with the details set out below.
Details of applicant
Full legal name, any aliases, usual residential address, sex, occupation, and date and place of birth: [state]
Postal address for service of documents: [state]
Daytime contact name and telephone number: [state]
Criminal convictions [state all criminal convictions (other than convictions for offences against provisions of the Land Transport Act 1998 not contained in Part 6, and offences to which the Criminal Records (Clean Slate) Act 2004 applies)]
Has the applicant had any experience (in particular recent experience) in controlling any premises or conveyance in respect of which a licence was in force? Yes/No
-
If Yes, what are the details and dates of that experience? [state]
Has the applicant had any relevant training, in particular, recent training? Yes/No
-
If Yes, what are the details of that training and on what dates was it taken? [state]
Does the applicant hold the Licence Controller Qualification (or a prescribed qualification within the meaning of section 218 of the Sale and Supply of Alcohol Act 2012)? Yes/No
-
If Yes, on what date was that qualification obtained? [state]
Does the applicant intend at this time to be the manager of any particular licensed premises? Yes/No
-
If “Yes”, what are the identifying particulars of those licensed premises? [state]
If it is a club, what is the extent of the applicant’s involvement in its management and activities? [state]
Dated at: [place, date]
Signature of applicant:
Notes
1
This application must be accompanied by the prescribed fee.
2
If the applicant intends to be the manager of any particular licensed premises, the application must be filed with the Secretary of the District Licensing Committee with which the application for the licence was filed.
3
In all other cases, the application should be filed with the Secretary of the District Licensing Committee for the district in which the applicant is residing.
Form 18 Manager’s certificate
Pursuant to the Sale and Supply of Alcohol Act 2012 [full legal name] is authorised to manage any licensed premises in respect of which a licence is in force.
Subject to the requirements of the Act relating to fees, and to the provisions of the Act relating to the suspension and cancellation of managers’ certificates, this certificate continues in force—
(a)
either—
(i)
until the close of the period for which it was last renewed; or
(ii)
if it has never been renewed, until the close of the period of 12 months after the day it was issued; but
(b)
if an application for the renewal of the licence is duly made before the licence would otherwise expire, either—
(i)
until the close of the period of 3 years after the period for which it was last renewed; or
(ii)
if it has never been renewed, until the close of the period of 4 years after the day it was issued.
Dated at: [place, date]
[Signature]
(Secretary, Alcohol Regulatory and Licensing Authority (or District Licensing Committee))
Form 19 Application for renewal of manager’s certificate
To the Secretary
District Licensing Committee at [name of territorial authority]
Application for the renewal of a manager’s certificate is made in accordance with the details set out below.
Details of applicant
Full legal name, any aliases, usual residential address, sex, occupation, and date and place of birth: [state]
Postal address for service of documents: [state]
Daytime contact name and telephone number: [state]
Current place of employment: [state]
Criminal convictions [state all criminal convictions (other than convictions for offences against provisions of the Land Transport Act 1998 not contained in Part 6, and offences to which the Criminal Records (Clean Slate) Act 2004 applies) received since the certificate was issued or last renewed]
What steps has the applicant taken to manage the sale and supply of alcohol pursuant to the licence with the aim of contributing to the reduction of alcohol-related harm? [state]
Does the applicant hold the Licence Controller Qualification (or a prescribed qualification within the meaning of section 218 of the Sale and Supply of Alcohol Act 2012)? Yes/No
-
If Yes, on what date was that qualification obtained? [state]
Details of certificate
Number: [state]
Date of expiry: [state]
Dated at: [place, date]
Signature of applicant:
Notes
1
This application must be accompanied by the prescribed fee.
2
This application must be filed with the District Licensing Committee before the certificate expires.
3
Where the applicant is presently employed as a manager, it should be filed with the District Licensing Committee for the district in which the applicant is employed. In all other cases, it should be filed with the District Licensing Committee for the district in which the applicant is residing.
Form 20 Notice of renewal of manager’s certificate
To [full legal name of manager]
Your manager’s certificate is renewed.
Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of managers’ certificates, this certificate expires on [date], unless again renewed.
Dated at: [place, date]
[Signature]
(Secretary, Alcohol Regulatory and Licensing Authority (or District Licensing Committee))
Form 21 Application for variation, suspension, or cancellation of licence (for on-licence, off-licence, or club licence)
[Revoked]Schedule form 21: revoked, on 29 October 2019, by section 340(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Form 22 Application for variation, suspension, or cancellation of special licence
To the Secretary
District Licensing Committee at [name of territorial authority]
Application for the variation (or suspension or cancellation) of a special licence is made in accordance with the details set out below.
Details of applicant
Full legal name: [state]
Postal address for service of documents: [state]
Daytime contact name and telephone number: [state]
Details of licensee and manager
Full legal name of licensee: [state]
Number: [state]
Full legal name and address of each manager: [state]
Certificate numbers of each manager’s certificate (if known): [state]
Details of licence
kind of licence: [state whether on-site or off-site]
licence number: [state]
Details of premises
(To be included only where the licence applies to any premises that are not a conveyance)
Address: [state]
Name, trading name, or name of building (if any): [state]
Details of conveyance
(To be included only where the licence applies to any conveyance)
Type of conveyance: [state]
Any registration number [state]
Address of home base (if any): [state]
Name, trading name, or name of conveyance (if any): [state]
Action sought
(tick appropriate box)
| Variation □ | Suspension □ | Cancellation □ |
Conditions
(To be included only where variation is sought, and, in that case, to be filled in for each condition to which the application relates)
Terms of condition at present: [state]
In what respect does the applicant seek to vary the condition? [state]
Grounds of application
That the licensed premises have been conducted:
*in breach of the following provisions of the Sale and Supply of Alcohol Act 2012 [state provisions]; and in particular it is alleged as follows: [state details of each alleged breach]; or
*in breach of the following conditions of the licence [state conditions]; and in particular it is alleged as follows: [state details of each alleged breach]; or
*otherwise in an improper manner; and in particular it is alleged as follows: [state details of the improper manner in which it is alleged the licensed premises have been conducted]:
*That the conduct of the licensee is such as to show that he (or she) is not a suitable person to hold the licence; and in particular it is alleged as follows: [state details of the reasons for alleging that the licensee is unsuitable]:
*The licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public; and in particular it is alleged as follows: [state details of the disorderly manner in which it is alleged the licensed premises are being used].
| *Delete where not applicable. |
Dated at: [place, date]
Signature of applicant:
Form 23 Application for suspension, or cancellation of manager’s certificate
[Revoked]Schedule form 23: revoked, on 29 October 2019, by section 340(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Form 24 Search warrant
To every constable
1 Ground of warrant
I am satisfied, on an application made by [full legal name, address, occupation] on [date], that there is reasonable ground for believing that—
(a)
Select the applicable paragraph(s).
(b)
any alcohol is being sold, or exposed or kept for sale, on the premises/conveyance* described below, being premises/a conveyance* in which that alcohol may not lawfully be sold or exposed or kept for sale:
(c)
the premises/conveyance* described below are/is* being kept or used as a place of resort for the consumption of alcohol in contravention of the Sale and Supply of Alcohol Act 2012.
The suspected offence(s) to which this warrant relates is/are*: [state].
| *Select one. |
2 Description of premises
Include this paragraph only when authority is being given to search any premises that are not a conveyance.
The premises to which this warrant relates are situated at [number, street, and town]. The premises are known as [trading or other name].
3 Description of conveyance
Include this paragraph only when authority is being given to search a conveyance.
The conveyance to which this warrant relates is the [kind of conveyance] based at [home base]. The conveyance is known as [trading or other name].
4 Conditions
This warrant is subject to the following conditions: [state].
5 Authority
Subject to the conditions set out above, this warrant authorises you, and any person called by you to assist,—
(a)
to enter and search the premises/conveyance*; and
(b)
to search for and seize [describe what may be seized]; and
(c)
to seize anything else found in the course of carrying out the search, or as a result of observations at the premises/conveyance*, if you have reasonable grounds to believe that you could have seized the item under any search warrant that you could have obtained or any other search power that you could have exercised; and
(d)
to use any force that is reasonable in the circumstances to enter or break open or access any area within the premises/conveyance* for the purposes of carrying out the search and any lawful seizure; and
(e)
to use any assistance that is reasonable in the circumstances; and
(f)
to search any person found on the premises/conveyance* if there are reasonable grounds to believe that an item being searched for is on that person; and
(g)
to detain any person for the purposes of determining whether there is any connection between that person and the object of the search—
(i)
who is on the premises/conveyance* at the start of the search; or
(ii)
who arrives at the premises or stops at, or enters, or tries to enter, the conveyance while the search is being carried out.
| *Select one. |
6 Period of execution of search warrant
The power to enter and search under this warrant may be exercised on 1 occasion/on [state the number of times that the warrant may be executed]*.
The warrant must be executed within 14 days/[state number of days that warrant is issued for, which must not exceed 30 days] days* from the date of issue of this warrant.
| *Select one. |
Date of issue:
Name or unique identifier:
Signature:
(Judge/authorised issuing officer*)
| *Select one. |
Important information
Seizure of items
A list of things seized will be provided to you as soon as practicable after the seizure, and in any case not later than 7 days after the seizure.
Availability of privileges
These notes set out an explanation of the availability of privileges recognised for the purposes of a search conducted under this warrant and an outline of how any of those privileges may be claimed.
The notes provide general information relating to these matters. For further details relating to these matters, see sections 136 to 148 of the Search and Surveillance Act 2012 and the relevant sections of the Evidence Act 2006.
The following privileges are recognised for the purposes of a search conducted under this warrant:
legal professional privilege (referred to in section 53(5) of the Evidence Act 2006) and privilege for communications with legal advisers (as described in section 54 of the Evidence Act 2006). A person who obtains professional legal services from a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was intended to be confidential and was made in the course of and for the purpose of the provision of professional legal services from the legal adviser:
privilege for preparatory materials for proceedings (as described in section 56 of the Evidence Act 2006):
privilege for settlement negotiations or mediation (as described in section 57 of the Evidence Act 2006):
privilege for communications with ministers of religion (as described in section 58 of the Evidence Act 2006):
privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists (as described in section 59 of the Evidence Act 2006):
privilege for informers (as described in section 64 of the Evidence Act 2006):
rights conferred on journalists under section 68 of the Evidence Act 2006 to protect certain sources.
Effect of privilege and how privileges may be claimed
Claims for privilege for things seized or sought to be seized
1
If you wish to claim privilege in respect of any thing seized or sought to be seized under this search warrant,—
(a)
you must, as soon as practicable, provide to the person responsible for executing the search warrant a particularised list of the things in respect of which the privilege is claimed:
(b)
if the thing or things in respect of which you are claiming the privilege cannot be adequately particularised, you may apply to a District Court for directions or relief.
Interim steps pending resolution of privilege claim
2
While a claim of privilege is being determined, the person executing the search warrant—
(a)
may secure the thing (including, if the thing is intangible, by making a forensic copy) and deliver the thing, or a copy of it, to the District Court to enable the determination of a claim to privilege; and
(b)
must give you access to the thing secured; and
(c)
must not search the thing secured, unless no claim of privilege is made, or a claim of privilege is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.
Searches affecting privileged materials
3
If the person who is to execute the search warrant has reasonable grounds to believe that any thing discovered in the search may be the subject of a privilege, he or she—
(a)
must provide to any person who he or she believes may be able to claim a privilege a reasonable opportunity to claim it; and
(b)
may, if he or she is unable to identify or contact a person who may be able to claim a privilege, or that person’s lawyer, within a reasonable period, apply to a District Court for a determination as to the status of the thing.
Effect of privilege
4
If you make a claim of privilege in respect of any thing that is seized or sought to be seized, you have the right—
(a)
to prevent the search of any communication or information to which the privilege would apply, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld:
(b)
to require the return of a copy of, or access to, any such communication or information, pending determination of the claim to privilege.
Important: If you do not understand this information or if you want further advice about the availability of privileges and how any of those privileges may be claimed, you should consider getting legal advice on the matter immediately.
Inquiries
If you have any inquiries about this search, you should contact the Police officer in charge, whose details are below.
[Police officer’s full legal name or unique identifier] at the [name] Police Station at [address].
Form 25 Request to constitute licensing trust
To the Minister of Justice
We, the undersigned, being residents of the area described below and being entitled to vote in local authority elections, request that you advise His Excellency the Governor-General to constitute a licensing trust in respect of that area.
The area in respect of which it is proposed that a licensing trust be established is as follows: [describe]
| Name | Residential address | Postal address | Occupation | Signature |
Form 26 Notice requesting poll of electors on competition proposal
To the Alcohol Regulatory and Licensing Authority, and to the [name of licensing trust]
We, being electors of the licensing trust named above, request that a poll be held on a competition proposal relating to the trust.
| Full legal name | Residential address | Postal address | Occupation | Signature |
Form 27 Notice requesting poll of electors on amalgamation proposal (relating to licensing trusts)
To the [name of licensing trust]
We, being electors of the trust, request that a poll be held on the amalgamation proposal of which public notice was given by the trust on [date].
| Full legal name | Residential address | Postal address | Occupation | Signature |
Form 28 Notice requesting poll of electors on conversion proposal
To the [name of licensing trust]
We, being electors of the trust, request that a poll be held—
(a)
on the resolution under section 351 of the Sale and Supply of Alcohol Act 2012 passed by the trust on [date]; or
(b)
on whether the trust should be converted to a community trust.
| Full legal name | Residential address | Postal address | Occupation | Signature |
Form 29 Notice requesting poll of electors on amalgamation proposal relating to community trusts
To the [name of community trust]
We, being electors of the trust, request that a poll be held on the amalgamation proposal of which the trust gave public notice under section 351 of the Sale and Supply of Alcohol Act 2012 on [date]
| Full legal name | Residential address | Postal address | Occupation | Signature |
Rebecca Kitteridge,
Clerk of the Executive Council.
Date of notification in Gazette: 21 November 2013.
Notes
1 General
This is a consolidation of the Sale and Supply of Alcohol Regulations 2013 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60): Part 2
Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1): section 78(2)
Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51): section 340(3)
Sale and Supply of Alcohol Amendment Regulations 2017 (LI 2017/219)
Sale and Supply of Alcohol Amendment Regulations 2015 (LI 2015/303)
Sale and Supply of Alcohol Amendment Regulations 2014 (LI 2014/359)