Sale of Liquor Act 1989

1: Short Title and commencement
1: This Act may be cited as the Sale of Liquor Act 1989.
2: This Act shall come into force on 1 April 1990.
2: Interpretation
In this Act, unless the context otherwise requires,— airport bar Armed Forces Canteen Council section 3 bar building code Building Act 2004 chartered club
a: that, immediately before the commencement of this Act, held a charter granted under the Sale of Liquor Act 1962, the Licensing Act 1908, or any former Licensing Act; or
b: that is a voluntary association of persons combined for promoting the common object of private social intercourse, convenience, and comfort and providing its own liquor, and not for the purposes of gain club
a: any chartered club; or
b: any club that has as its object, or as one of its objects, participating in or promoting any sport or other recreational activity, otherwise than for gain; or
c: any other voluntary association of persons (whether incorporated or not) combined for any purpose other than gain community trust
a: a community trust established under section 219G
b: a community trust that is the amalgamation of 2 or more community trusts under section 219Z conveyance defence area section 2(1) District Licensing Agency section 99 generally accepted accounting practice
a: section 2(1)
b: in relation to matters for which no provision is made in section 2(1)
i: are appropriate to the licensing trust or community trust; and
ii: have authoritative support within the accounting profession in New Zealand guardian Care of Children Act 2004 hotel
a: lodging; and
b: liquor, meals, and refreshments for consumption on the premises inspector licence licensed premises licensee Licensing Authority section 85 licensing trust district
a: a licensing trust district specified in Schedule 3
b: a licensing trust district constituted under section 185 liquor local authority Local Government Act 2002 manager member Minister naval ship section 2(1) New Zealand Fire Service section 3 New Zealand Fire Service Commission section 4 no-licence district objector permanent club charter pharmacist section 114(5) principal entrance prison section 3(1) prohibited persons
a: persons who are under the age of 18
b: persons to whom liquor may not be sold pursuant to the licence; and
c: persons public notice
a: for the purposes of this Act, other than Part 9A
i: nominated for the purpose of any application or other matter under this Act (whether generally or in any particular case) by the Secretary of the District Licensing Agency; and
ii: circulating in the locality to which the act, matter, or thing required to be publicly notified relates or refers, or in which it arises; and
iii: with an interval of not less than 5 nor more than 10 days between each notification:
b: for the purposes of Part 9A
i: circulating in the district of the licensing trust concerned or the region of the community trust concerned (as the case may be); and
ii: with an interval of not less than 5 nor more than 10 days between each notification restaurant restricted area 18 Secretary sports club supervised area tavern temporary authority tourist-house working day
a: a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
b: a day in the period commencing with 20 December in any year and ending with 15 January in the following year. 1962 No 139 ss 2, 162 1969 No 130 s 19 1970 No 35 s 2(2) 1974 No 13 s 2 1976 No 167 s 18 1979 No 59 s 8(3) 1980 No 168 s 9(1) 1981 No 125 s 33 1982 No 113 s 5 Section 2 building code inserted 1 July 1992 Building Act 1991 Section 2 building code amended 31 March 2005 section 414 Building Act 2004 Section 2 community trust inserted 1 October 2004 section 4 Sale of Liquor Amendment Act 2004 Section 2 defence area amended 1 April 1990 section 105(2) Defence Act 1990 Section 2 Defence Council repealed 1 April 2000 section 2(1) Sale of Liquor Amendment Act 1999 Section 2 generally accepted accounting practice inserted 1 April 2005 section 4 Sale of Liquor Amendment Act 2004 Section 2 generally accepted accounting practice amended 1 July 2011 section 12 Financial Reporting Amendment Act 2011 Section 2 generally accepted accounting practice amended 1 July 2011 section 12 Financial Reporting Amendment Act 2011 Section 2 guardian inserted 1 December 1999 section 2(5) Sale of Liquor Amendment Act 1999 Section 2 guardian amended 1 July 2005 section 151 Care of Children Act 2004 Section 2 local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2 Minister replaced 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2 naval ship amended 1 April 1990 section 105(2) Defence Act 1990 Section 2 penal institution repealed 1 June 2005 section 206 Corrections Act 2004 Section 2 pharmacist inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2 prison inserted 1 June 2005 section 206 Corrections Act 2004 Section 2 prohibited persons amended 1 December 1999 section 2(2) Sale of Liquor Amendment Act 1999 Section 2 public notice replaced 1 October 2004 section 4 Sale of Liquor Amendment Act 2004 Section 2 restricted area amended 1 December 1999 section 2(3) Sale of Liquor Amendment Act 1999 Section 2 supervised area replaced 1 December 1999 section 2(4) Sale of Liquor Amendment Act 1999
2A: Meaning of term evidence of age document
1: For the purposes of this Act, the term evidence of age document
a: contains a photograph of the person to whom the document is issued; and
b: contains information that enables the age of the person to be determined.
2: For the purposes of subsection (1), a document
a: a New Zealand passport; or
b: an overseas passport; or
c: a driver licence issued under the Land Transport Act 1998
d: a document in the prescribed form issued by a specified person, organisation, body corporate, government department, Crown agency, or statutory board.
3: For the purposes of subsection (2),—
a: the term prescribed Gazette
b: the term specified Gazette Section 2A inserted 1 September 1999 section 3 Sale of Liquor Amendment Act 1999
3: Act binds the Crown
This Act binds the Crown.
4: Object of Act
Section 4 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
5: Application of Act
1: Except as expressly provided in this Act or in any other enactment, this Act applies to the sale of liquor to the public.
2: Nothing in this Act applies to the sale or supply of liquor by any person in the course of that person's business as a maker, importer, distributor, or wholesaler of any liquor to—
a: any person who is also in business as a maker, importer, distributor, or wholesaler of any liquor; or
b: the holder of any licence; or
c: the holder of any permanent club charter.
3: Nothing in this Act applies to—
a: any person who supplies, keeps for sale, or sells any spirituous or distilled perfume in good faith as perfumery; or
b: a pharmacist who supplies, keeps for sale, or sells any liquor exclusively for medicinal purposes; or
c: a person who supplies, keeps for sale, or sells exclusively to pharmacists any liquor for the purposes of paragraph (b); or
d: any person who supplies, keeps for sale, or sells any liquor at the House of Representatives by the permission and under the control of the House of Representatives; or
e: any person who, in any Police canteen established with the authority of the Minister of Police, supplies, keeps for sale, or sells any liquor:
f: any person who, in any canteen established for officers of a prison Minister of the Crown who is responsible for the Department of Corrections
g: any person who, in any canteen established
h: any person who, in any canteen or mess, or in any other place in a naval ship or defence area, where the consumption and possession of liquor is authorised by or under the Defence Act 1990 Chief of Defence Force
i: any person who supplies, keeps for sale, or sells any liquor at or from any amenity set up and conducted by the Armed Forces Canteen Council. 1962 No 139 s 3 1968 No 40 s 2(2) 1971 No 52 s 56 1971 No 77 s 2 1976 No 53 s 63 1980 No 168 s 63 Section 5(3)(b) replaced 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 5(3)(c) replaced 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 5(3)(f) amended 1 June 2005 section 206 Corrections Act 2004 Section 5(3)(f) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 5(3)(g) amended 1 April 2000 section 4 Sale of Liquor Amendment Act 1999 Section 5(3)(h) amended 1 April 1990 section 105(1) Defence Act 1990 Section 5(3)(h) amended 1 April 1990 section 105(2) Defence Act 1990
5A: Exemption for homestays
Nothing in this Act applies to an individual who—
a: occupies premises that are used exclusively or principally as the home or residence of the individual or the individual and his or her family; and
b: for reward, permits guests to stay, from time to time, on the premises or other premises nearby; and
c: in the course of or incidental to the stay of not more than 10 guests, sells or supplies liquor to some or all of them. Section 5A inserted 1 December 1999 section 5 Sale of Liquor Amendment Act 1999
6: Underlying principle of Act
1: The sale of liquor to the public or any member of the public requires a licence.
2: The following kinds of licence may be granted under this Act:
a: on-licences ( Part 1
b: off-licences ( Part 2
c: club licences ( Part 3
d: special licences ( Part 4
3: Nothing in this Act shall prevent the issue of 2 or more licences of different kinds in respect of the same premises.
1: On-licences
7: On-licences
An on-licence authorises the holder of the licence—
a: to sell and supply liquor, to any person present on the premises or conveyance described in the licence, for consumption on the premises or conveyance; and
b: to allow the consumption of liquor on the premises or conveyance described in the licence. Section 7 replaced 1 April 2000 section 6 Sale of Liquor Amendment Act 1999
8: Who may hold on-licence
1: An on-licence may be held by—
a: any person who has attained the age of 20 years; or
b: any company within the meaning of the Companies Act 1993
ba: any body corporate (whether incorporated in or outside New Zealand) that is authorised to sell liquor or hold a licence under this Act or under any previous enactment relating to the sale of liquor; or
bb: any board, organisation, or other body that is authorised by another Act to sell liquor or hold an on-licence under this Act; or
c: any licensing trust; or
d: any partnership comprising any persons, companies, or trusts referred to in paragraphs (a) to (c); or
e: any government department or other instrument of the Crown; or
f: any local authority , whether or not
g: any trustee within the meaning of the Trustee Act 1956
h: any manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988
2: An on-licence may not be held by a club. Section 8(1)(b) replaced 1 April 2000 section 7(1) Sale of Liquor Amendment Act 1999 Section 8(1)(ba) inserted 1 April 2000 section 7(1) Sale of Liquor Amendment Act 1999 Section 8(1)(bb) inserted 1 April 2000 section 7(1) Sale of Liquor Amendment Act 1999 Section 8(1)(f) amended 1 April 2000 section 7(2) Sale of Liquor Amendment Act 1999
9: Applications for on-licences
1: Every application for an on-licence shall—
a: be made in the name of the person who will hold the licence if the application is granted; and
b: be made in the prescribed form and manner; and
c: contain the prescribed particulars; and
d: be accompanied by the prescribed fee; and
e: where the application relates to any premises, be accompanied by a certificate by the local authority that the proposed use of the premises meets requirements of the Resource Management Act 1991
2: An application in respect of any premises shall be filed with the District Licensing Agency for the district in which the premises are situated.
3: An application in respect of any conveyance shall be filed with the District Licensing Agency for the district in which the applicant's principal place of business in New Zealand is situated.
4: Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
5: Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
6: The applicant is not required to ensure that notice of the application is attached in accordance with subsection (5), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so. Section 9(1)(e) amended 1 July 1992 Building Act 1991 Section 9(5) inserted 1 April 2000 section 8 Sale of Liquor Amendment Act 1999 Section 9(6) inserted 1 April 2000 section 8 Sale of Liquor Amendment Act 1999
10: Objections
Section 10 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
11: Reports
Section 11 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
12: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
1: A District Licensing Agency must decide whether to grant an application for an on-licence in accordance with this Act, if—
a: no objection has been filed under section 10
b: no reports containing matters in opposition have been filed with the District Licensing Agency under section 11
2: In any other case, the District Licensing Agency must forward the complete file relating to the application to the Secretary of the Licensing Authority, and the Licensing Authority must determine the application in accordance with this Act.
3: For the purposes of this section, the complete file
a: the application and any papers filed in support of the application; and
b: a copy of the public notice of the application, and a statement of the dates of publication of the notice; and
c: any objection, and any papers filed in support of any objection; and
d: any reports made under section 11 ; and
e: the certificate referred to in section 9(1)(e) Section 12 replaced 1 April 2000 section 11 Sale of Liquor Amendment Act 1999 Section 12(3)(d) amended 6 April 2004 section 10 Sale of Liquor Amendment Act 2004 Section 12(3)(e) inserted 6 April 2004 section 10 Sale of Liquor Amendment Act 2004
13: Criteria for on-licences
Section 13 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
14: Conditions of on-licences
1: It shall be a condition of every on-licence that the licensee has available for consumption on the premises or conveyance a reasonable range of non-alcoholic refreshments.
2: It is a condition of every on-licence granted in respect of a hotel or tavern that no liquor is to be sold or supplied on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac Day to any person other than—
a: any person who is for the time being living on the premises, whether as a lodger or an employee of the holder, or otherwise; or
b: any person who is present on the premises for the purpose of dining.
3: Nothing in subsection (2) shall affect the sale or supply of liquor pursuant to and in accordance with any special licence granted in respect of the hotel or tavern.
4: On granting an application for an on-licence in respect of a hotel or a tavern, the Licensing Authority or District Licensing Agency, as the case may be, must designate the whole or 1 or more parts of the premises as restricted areas or supervised areas.
5: On granting an application for an on-licence, the Licensing Authority or District Licensing Agency, as the case may be, may impose conditions relating to the following matters:
a: the days on which and the hours during which liquor may be sold:
b: the provision of food for consumption on the premises or conveyance:
c: the sale and supply of low-alcohol beverages:
d: the provision of assistance with or information about alternative forms of transport from the licensed premises:
e: any other matter aimed at promoting the responsible consumption of liquor:
f: the steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed:
g: the designation of the whole or any part or parts of the premises or conveyance as a restricted area or supervised area:
h: the persons or types of persons to whom liquor may be sold or supplied.
6: Different conditions may be imposed under subsection (5)(a) in respect of different parts of the premises or conveyance.
7: In determining whether to impose conditions under subsection (5)(a) and, if so, what conditions, the Licensing Authority or District Licensing Agency, as the case may be, may have regard to the site of the premises in relation to neighbouring land use.
8: Subsection (5)(h) applies subject to the Human Rights Act 1993 Section 14(2) replaced 1 December 1999 section 13(1) Sale of Liquor Amendment Act 1999 Section 14(4) replaced 1 April 2000 section 13(2) Sale of Liquor Amendment Act 1999 Section 14(5) replaced 1 April 2000 section 13(2) Sale of Liquor Amendment Act 1999 Section 14(6) replaced 1 April 2000 section 13(2) Sale of Liquor Amendment Act 1999 Section 14(7) replaced 1 April 2000 section 13(2) Sale of Liquor Amendment Act 1999 Section 14(8) inserted 1 April 2000 section 13(2) Sale of Liquor Amendment Act 1999
15: No obligation to serve
1: An on-licence shall not oblige the licensee to serve liquor at any time or to any person.
2: Subsection (1) applies subject to the Human Rights Act 1993 Section 15(2) replaced 1 February 1994 section 145 Human Rights Act 1993
16: Variation of conditions
1: The holder of an on-licence may at any time apply to the District Licensing Agency for the variation or cancellation of any condition of the licence imposed by the Licensing Authority or District Licensing Agency.
2: Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
2A: Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
2B: The applicant is not required to ensure that notice of the application is attached in accordance with subsection (2A), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
3: Any person
4: Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the notice of the making of the application.
5: No objection may be made in relation to any matter other than one specified in section 13(1)
6: Sections 11 12
7: In considering the application, the Licensing Authority or District Licensing Agency, as the case may require, must section 13(1) Section 16(1) replaced 1 April 2000 section 14(1) Sale of Liquor Amendment Act 1999 Section 16(2A) inserted 1 April 2000 section 14(2) Sale of Liquor Amendment Act 1999 Section 16(2B) inserted 1 April 2000 section 14(2) Sale of Liquor Amendment Act 1999 Section 16(3) amended 1 April 2000 section 14(3) Sale of Liquor Amendment Act 1999 Section 16(7) amended 1 April 2000 section 14(4) Sale of Liquor Amendment Act 1999
17: Duration of on-licences
1: Every on-licence shall continue in force—
a: until the close of the period of 1 year commencing with the date of its issue; or
b: if an application for the renewal of the licence is duly made, until the application is determined.
2: Subsection (1) applies subject to—
a: the requirements of this Act relating to the payment of fees; and
b: the provisions of this Act relating to the suspension and cancellation of licences.
18: Renewal of on-licences
1: The holder of an on-licence, or the holder of a temporary authority issued in respect of an on-licence, may apply in accordance with this section for the renewal of the licence.
2: Every application for the renewal of an on-licence shall—
a: be filed with the District Licensing Agency with which the application for the licence was filed; and
b: be made no later than 20 working days before the expiry of the licence, or by such later date (not being later than the date of the expiry of the licence) as the District Licensing Agency may allow; and
c: be made in the prescribed form and manner; and
d: contain the prescribed particulars; and
da: where the application relates to any premises, be accompanied by a statement by the applicant that—
i: the building in which the premises are situated has an evacuation scheme for public safety which meets the requirements of section 21A
ii: the building, by reason of its current use, does not require such a scheme, or that the building is exempt from having to meet the requirements for such a scheme; and
e: be accompanied by the prescribed fee.
3: Within 10 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
4: Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates, unless it is impracticable or unreasonable to do so.
5: The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so. Section 18(2)(da) inserted 1 July 1992 Building Act 1991 Section 18(4) inserted 1 April 2000 section 15 Sale of Liquor Amendment Act 1999 Section 18(5) inserted 1 April 2000 section 15 Sale of Liquor Amendment Act 1999
19: Objections to renewal
Section 19 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
20: Reports on applications for renewals
Section 20 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
21: Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
1: If, in respect of any application for the renewal of an on-licence,—
a: no objection is filed within the prescribed time; and
b: no report filed with the District Licensing Agency under section 20 the District Licensing Agency shall renew the licence for a further period of 3 years on—
c: the conditions presently attaching to it; or
d: such different conditions, relating to any matters specified in section 14(5)
1A: The District Licensing Agency must not exercise its power under subsection (1)(d) except in response to a request by the applicant.
2: In respect of any application for the renewal of an on-licence to which subsection (1) does not apply, the Secretary of the District Licensing Agency shall forward the complete file to the Secretary of the Licensing Authority for the determination by the Authority of the application in accordance with this Act.
3: For the purposes of this section, the complete file
a: the application and any papers filed in support of the application; and
b: a copy of the public notice of the application, and a statement of the dates of publication of the notice; and
c: any objection, and any papers filed in support of any objection; and
d: any section 20 Section 21(1) amended 6 April 2004 section 11(1) Sale of Liquor Amendment Act 2004 Section 21(1)(c) inserted 6 April 2004 section 11(2) Sale of Liquor Amendment Act 2004 Section 21(1)(d) 6 April 2004 section 11(2) Sale of Liquor Amendment Act 2004 Section 21(1A) inserted 6 April 2004 section 11(3) Sale of Liquor Amendment Act 2004 Section 21(3)(d) amended 1 April 2000 section 18 Sale of Liquor Amendment Act 1999
22: Criteria for renewal
In considering any application for the renewal of an on-licence, the Licensing Authority shall have regard to the following matters:
a:
b: the conditions attaching to the licence:
c:
d: Section 22(a) repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012 Section 22(c) repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012 Section 22(d) repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
23: Decision on application for renewal
1: After considering an application for the renewal of an on-licence, the Licensing Authority shall—
a: renew the licence on the conditions presently attaching to it; or
b: renew the licence on such different conditions (relating to any matters specified in section 14(5)
c: refuse to renew the licence.
2: The Licensing Authority shall not exercise its powers under paragraph (b) or paragraph (c) of subsection (1) except in response to—
a: an objection duly made under section 19
b: a report duly submitted under section 20
c: a request by the applicant.
3: On renewing an on-licence, the Licensing Authority shall specify a date (being no later than 3 years after the date on which the renewal takes effect) on which the licence shall expire unless it is again renewed under this section.
24: Temporary authority
1: The District Licensing Agency may from time to time, on the application of any person who appears to the District Licensing Agency to have any right, title, estate, or interest in any premises or conveyance , or any business conducted in any premises or conveyance,
2: The District Licensing Agency may hear and determine an application for an order under this section ex parte
3: On granting any application for an order under this section, the District Licensing Agency may impose such reasonable conditions as it thinks fit.
4: The holder of a temporary authority shall for the purposes of this Act have the same duties, obligations, and liabilities, as the holder of the on-licence to which the temporary authority relates. Section 24(1) amended 1 April 2000 section 19 Sale of Liquor Amendment Act 1999
25: Display of signs and licence
1: Every holder of an on-licence granted in respect of any premises shall ensure that there is displayed at all times a sign attached to the exterior of the premises, so as to be easily read by persons immediately outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor.
2: Every holder of an on-licence shall ensure that there is displayed at all times a copy of the licence, and of the conditions of the licence, attached to the interior of the premises or conveyance so as to be easily read by persons entering through each principal entrance.
26: Managers
1: Every company, licensing trust, partnership, government department or other instrument of the Crown, or local authority that holds an on-licence shall appoint at least 1 manager in accordance with Part 6
2: Any other holder of an on-licence may appoint a manager or managers in accordance with that Part.
27: Annual returns
Section 27 repealed 1 April 2000 section 20 Sale of Liquor Amendment Act 1999
28: Special provisions relating to BYO restaurants
1: Where the Licensing Authority grants an on-licence in respect of a BYO restaurant, the Licensing Authority may, at the request of the applicant, endorse the licence in such a way as to indicate that this section applies to that licence.
2: An on-licence endorsed under this section shall authorise the holder to allow the consumption of liquor in the restaurant by any person who is there for the purpose of dining, if the liquor is brought to the restaurant by that person or any other person dining with that person.
3: An on-licence endorsed under this section shall also authorise the holder to sell and supply any food or hot beverage of which liquor is an ingredient for consumption in the restaurant by any person who is there for the purpose of dining, if the food or beverage as supplied to that person contains not more than 14.33% alcohol by volume.
4: Except as provided in subsection (3), an on-licence endorsed under this section shall not authorise the holder to sell or supply liquor to any person.
5: Nothing in section 25(1) section 26 Section 28(5) amended 1 April 2000 section 21 Sale of Liquor Amendment Act 1999
2: Off-licences
29: Off-licences
1: An off-licence shall authorise the holder of the licence to sell or deliver liquor on or from the premises described in the licence to any person for consumption off the premises.
2: The holder of an off-licence may arrange for delivery to be made by the maker, importer, wholesaler, or distributor of any liquor from the premises of the maker, importer, wholesaler, or distributor; and, in any such case, the liquor shall be deemed for the purposes of this Act to have been delivered by the holder of the off-licence from the premises described in the licence.
3: An off-licence also authorises the complimentary supply of liquor by way of sample on the premises to which the licence relates. Section 29(3) inserted 1 April 2000 section 22 Sale of Liquor Amendment Act 1999
30: Who may hold off-licence
1: An off-licence may be held by—
a: any person who has attained the age of 20 years; or
b: any company within the meaning of the Companies Act 1993
ba: any body corporate (whether incorporated in or outside New Zealand) that is authorised to sell liquor or hold a licence under this Act or under any previous enactment relating to the sale of liquor; or
bb: any board, organisation, or other body that is authorised by another Act to sell liquor or hold an off-licence under this Act; or
c: any licensing trust; or
d: any partnership comprising any persons, companies, or trusts referred to in paragraphs (a) to (c); or
e: any government department or other instrument of the Crown; or
f: any local authority , whether or not
g: any trustee within the meaning of the Trustee Act 1956
h: any manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988
i: any club that, immediately before the commencement of this Act, held a charter under section 164 of the Sale of Liquor Act 1962
j: any club, other than a sports club, that holds a club licence.
2: An off-licence may not be held by any other club. Section 30(1)(b) replaced 1 April 2000 section 23(1) Sale of Liquor Amendment Act 1999 Section 30(1)(ba) inserted 1 April 2000 section 23(1) Sale of Liquor Amendment Act 1999 Section 30(1)(bb) inserted 1 April 2000 section 23(1) Sale of Liquor Amendment Act 1999 Section 30(1)(f) amended 1 April 2000 section 23(2) Sale of Liquor Amendment Act 1999
31: Applications for off-licences
1: Every application for an off-licence shall—
a: be made in the name of the person who will hold the licence if the application is granted; and
b: be made in the prescribed form and manner; and
c: contain the prescribed particulars; and
d: be accompanied by the prescribed fee; and
e: be accompanied by a certificate by the local authority that the proposed use of the premises meets requirements of the Resource Management Act 1991
2: Every application shall be filed with the District Licensing Agency for the district in which the premises are situated.
3: Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
4: Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
5: The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so. Section 31(1)(e) amended 1 July 1992 Building Act 1991 Section 31(4) inserted 1 April 2000 section 24 Sale of Liquor Amendment Act 1999 Section 31(5) inserted 1 April 2000 section 24 Sale of Liquor Amendment Act 1999
32: Objections
Section 32 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
33: Reports
Section 33 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
34: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
1: A District Licensing Agency must decide whether to grant an application for an off-licence in accordance with this Act, if—
a: no objection has been filed under section 32
b: no reports containing matters in opposition have been filed with the District Licensing Agency under section 33
2: In any other case, the District Licensing Agency must forward the complete file relating to the application to the Secretary of the Licensing Authority, and the Licensing Authority must determine the application in accordance with this Act.
3: For the purposes of this section, the complete file
a: the application and any papers filed in support of the application; and
b: a copy of the public notice of the application, and a statement of the dates of publication of the notice; and
c: any objection, and any papers filed in support of any objection; and
d: any reports made under section 33 ; and
e: the certificate referred to in section 31(1)(e) Section 34 replaced 1 April 2000 section 27 Sale of Liquor Amendment Act 1999 Section 34(3)(d) amended 6 April 2004 section 12 Sale of Liquor Amendment Act 2004 Section 34(3)(e) inserted 6 April 2004 section 12 Sale of Liquor Amendment Act 2004
35: Criteria for off-licences
Section 35 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
36: Types of premises in respect of which off-licences may be granted
1: Except as provided in subsections (2) to (5), an off-licence shall be granted only—
a: to the holder of an on-licence in respect of a hotel or tavern, in respect of the premises conducted pursuant to that licence; or
b: to the holder of a club licence, being a club that is entitled under paragraph (i) or paragraph (j) section 30(1)
c: in respect of premises in which the principal business is the manufacture or sale of liquor; or
d: in respect of—
i: any supermarket having a floor area of at least 1 000 square metres (including any separate departments set aside for such foodstuffs as fresh meat, fresh fruit and vegetables, and delicatessen items); or
ii: any grocery store, where the Licensing Authority or District Licensing Agency, as the case may be,
2: The Licensing Authority or District Licensing Agency, as the case may be, or District Licensing Agency, as the case may be,
a: that, in the area in which the premises are situated, the sale of liquor in premises of a kind described in paragraph (c) or paragraph (d) of subsection (1) would not be economic; or
b: that the sale of liquor would be an appropriate complement to the kind of goods sold in the premises.
3: Nothing in subsection (1) or subsection (2) shall authorise the grant of an off-licence in respect of—
a: any service station or other premises in which the principal business is the sale of petrol or other automotive fuels; or
b: any shop of a kind commonly known as a dairy.
4: Nothing in subsection (2)(b) shall authorise the grant of an off-licence in respect of any supermarket or grocery store, or any other premises on which the principal business is the sale of food or groceries.
5: This section applies subject to sections 51 52
6: Section 36(1)(d)(ii) amended 6 April 2004 section 13(1) Sale of Liquor Amendment Act 2004 Section 36(2) amended 1 April 2000 section 29(1) Sale of Liquor Amendment Act 1999 Section 36(5) replaced 6 April 2004 section 13(2) Sale of Liquor Amendment Act 2004 Section 36(6) repealed 1 April 2000 section 29(2) Sale of Liquor Amendment Act 1999
37: Conditions of off-licences
1: It is a condition of every off-licence that no liquor is to be sold or delivered on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac Day.
1A: However, it is a condition of an off-licence that a person may sell or deliver grape wine or fruit wine on Easter Sunday if the grape wine or fruit wine is made—
a: on the premises; or
b: from grapes or fruit harvested from land on which the premises are situated.
2: It is a condition of every off-licence granted to the holder of a club licence that liquor may be sold or supplied pursuant to the off-licence only to—
a: any member of the club; or
b: any member of any other club with which the holder of the licence has an arrangement for reciprocal visiting rights for members of the club.
3: It shall be a condition of every off-licence granted in respect of any premises described in section 36(1)(d)
a: wine that conforms to the standard prescribed by regulation 219 of the Food Regulations 1984 (SR 1984/262) Food Act 1981
b: sparkling wine that conforms to the standard prescribed by regulation 220 Food Act 1981
c: fruit wine that conforms to the standard prescribed by regulation 226 of those regulations Food Act 1981
d: sparkling fruit wine that conforms to the standard prescribed by regulation 227 of those regulations Food Act 1981
e: mead that conforms to the standard prescribed by regulation 226 of those regulations Food Act 1981 ; and
f: beer that conforms to the standard prescribed by regulation 218 of those regulations Food Act 1981
3A: However, it is also a condition of every off-licence granted in respect of any premises described in section 36(1)(d)
a: prepared for culinary purposes; and
b: rendered unsuitable for drinking.
4: On granting an application for an off-licence, the Licensing Authority or District Licensing Agency, as the case may be,
a: the days on which and the hours during which liquor may be sold or delivered:
b: the designation of the whole or any part or parts of the premises as a restricted area or a supervised area:
c: the steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed.
d: the persons or types of persons to whom liquor may be sold or supplied.
5: In determining the conditions to be imposed under subsection (4)(a), the Licensing Authority or District Licensing Agency, as the case may be,
5A: Subsection (4)(d) applies subject to the Human Rights Act 1993.
6: Subject to subsection (3), on granting an application for an off-licence in respect of any premises in which the principal business is other than the manufacture or sale of liquor, the Licensing Authority or District Licensing Agency, as the case may be, Section 37(1) replaced 1 December 1999 section 30(1) Sale of Liquor Amendment Act 1999 Section 37(1A) replaced 6 April 2004 section 14(1) Sale of Liquor Amendment Act 2004 Section 37(2) replaced 6 April 2004 section 14(2) Sale of Liquor Amendment Act 2004 Section 37(3) replaced 1 July 1996 section 30(1) Food Amendment Act 1996 Section 37(3)(e) amended 1 December 1999 section 30(2) Sale of Liquor Amendment Act 1999 Section 37(3)(f) inserted 1 December 1999 section 30(2) Sale of Liquor Amendment Act 1999 Section 37(3A) inserted 6 April 2004 section 14(3) Sale of Liquor Amendment Act 2004 Section 37(4) amended 1 April 2000 section 30(3) Sale of Liquor Amendment Act 1999 Section 37(4)(d) inserted 1 April 2000 section 30(4) Sale of Liquor Amendment Act 1999 Section 37(5) amended 1 April 2000 section 30(6) Sale of Liquor Amendment Act 1999 Section 37(5A) inserted 1 April 2000 section 30(5) Sale of Liquor Amendment Act 1999 Section 37(6) amended 1 April 2000 section 30(6) Sale of Liquor Amendment Act 1999
38: No obligation to serve
1: An off-licence shall not oblige the licensee to sell or deliver liquor at any time or to any person.
2: Subsection (1) applies subject to the Human Rights Act 1993 Section 38(2) replaced 1 February 1994 section 145 Human Rights Act 1993
39: Variation of conditions
1: The holder of an off-licence may at any time apply to the District Licensing Agency for the variation or cancellation of any condition of the licence imposed by the Licensing Authority or District Licensing Agency.
2: Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
2A: Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
2B: The application is not required to ensure that notice of the application is attached in accordance with subsection (2A), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
3: Any person
4: Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the notice of the making of the application.
5: No objection may be made in relation to any matter other than one specified in section 35(1)
6: Sections 33 34
7: In considering the application, the Licensing Authority or District Licensing Agency, as the case may be, must section 35(1) Section 39(1) replaced 1 April 2000 section 31(1) Sale of Liquor Amendment Act 1999 Section 39(2A) inserted 1 April 2000 section 31(2) Sale of Liquor Amendment Act 1999 Section 39(2B) inserted 1 April 2000 section 31(2) Sale of Liquor Amendment Act 1999 Section 39(3) amended 1 April 2000 section 31(3) Sale of Liquor Amendment Act 1999 Section 39(7) amended 1 April 2000 section 31(4) Sale of Liquor Amendment Act 1999
40: Duration of off-licences
1: Every off-licence shall continue in force—
a: until the close of the period of 1 year commencing with the date of its issue; or
b: if an application for the renewal of the licence is duly made, until the application is determined.
2: Subsection (1) applies subject to—
a: the requirements of this Act relating to the payment of fees; and
b: the provisions of this Act relating to the suspension and cancellation of licences.
41: Renewal of off-licences
1: The holder of an off-licence, or the holder of a temporary authority issued in respect of an off-licence, may apply in accordance with this section for the renewal of the licence.
2: Every application for the renewal of an off-licence shall—
a: be filed with the District Licensing Agency with which the application for the licence was filed; and
b: be made no later than 20 working days before the expiry of the licence, or by such later date (not being later than the date of the expiry of the licence) as the District Licensing Agency may allow; and
c: be made in the prescribed form and manner; and
d: contain the prescribed particulars; and
da: where the application relates to any premises, be accompanied by a statement by the applicant that—
i: the building in which the premises are situated has an evacuation scheme for public safety which meets the requirements of section 21A
ii: the building, by reason of its current use, does not require such a scheme, or that the building is exempt from having to meet the requirements for such a scheme; and
e: be accompanied by the prescribed fee.
3: Within 10 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
4: Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
5: The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so. Section 41(2)(da) inserted 1 July 1992 Building Act 1991 Section 41(4) inserted 1 April 2000 section 32 Sale of Liquor Amendment Act 1999 Section 41(5) inserted 1 April 2000 section 32 Sale of Liquor Amendment Act 1999
42: Objections to renewal
Section 42 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
43: Reports on applications for renewals
Section 43 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
44: Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
1: If, in respect of any application for the renewal of an off-licence,—
a: no objection is filed within the prescribed time; and
b: no report containing matters in opposition is filed with the District Licensing Agency under section 43 the District Licensing Agency shall renew the licence for a further period of 3 years on—
c: the conditions presently attaching to it; or
d: such different conditions, relating to any matters specified in section 37(4) and (6)
1A: The District Licensing Agency must not exercise its power under subsection (1)(d) except in response to a request by the applicant.
2: In respect of any application for the renewal of an off-licence to which subsection (1) does not apply, the Secretary of the District Licensing Agency shall forward the complete file to the Secretary of the Licensing Authority for the determination by the Authority of the application in accordance with this Act.
3: For the purposes of this section, the complete file
a: the application and any papers filed in support of the application; and
b: a copy of the public notice of the application, and a statement of the dates of publication of the notice; and
c: any objection, and any papers filed in support of any objection; and
d: any section 43 Section 44(1) amended 6 April 2004 section 15(1) Sale of Liquor Amendment Act 2004 Section 44(1)(b) replaced 1 April 2000 section 35(1) Sale of Liquor Amendment Act 1999 Section 44(1)(c) inserted 6 April 2004 section 15(2) Sale of Liquor Amendment Act 2004 Section 44(1)(d) 6 April 2004 section 15(2) Sale of Liquor Amendment Act 2004 Section 44(1A) inserted 6 April 2004 section 15(3) Sale of Liquor Amendment Act 2004 Section 44(3)(d) amended 1 April 2000 Sale of Liquor Amendment Act 1999
45: Criteria for renewal
In considering any application for the renewal of an off-licence, the Licensing Authority shall have regard to the following matters:
a:
b: the conditions attaching to the licence:
c:
d: Section 45(a) repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012 Section 45(c) repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012 Section 45(d) repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
46: Decision on application for renewal
1: After considering an application for the renewal of an off-licence, the Licensing Authority shall—
a: renew the licence on the conditions presently attaching to it; or
b: renew the licence on such different conditions (relating to any matters specified in section 37(4)
c: refuse to renew the licence.
2: The Licensing Authority shall not exercise its powers under paragraph (b) or paragraph (c) of subsection (1) except in response to—
a: an objection duly made under section 42
b: a report duly submitted under section 43
c: a request by the applicant.
3: On renewing an off-licence, the Licensing Authority shall specify a date (being no later than 3 years after the date on which the renewal takes effect) on which the licence shall expire unless it is again renewed under this section.
47: Temporary authority
1: The District Licensing Agency may from time to time, on the application of any person who appears to the District Licensing Agency to have any right, title, estate, or interest in any premises , or any business conducted in any premises,
2: The District Licensing Agency may hear and determine an application for an order under this section ex parte
3: On granting any application for an order under this section, the District Licensing Agency may impose such reasonable conditions as it thinks fit.
4: The holder of a temporary authority shall for the purposes of this Act have the same duties, obligations, and liabilities as the holder of the off-licence to which the temporary authority relates. Section 47(1) amended 1 April 2000 section 36 Sale of Liquor Amendment Act 1999
48: Display of signs and licence
1: Every holder of an off-licence, other than a club, shall ensure that there is displayed at all times a sign attached to the exterior of the premises, so as to be easily read by persons immediately outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor.
2: Every holder of an off-licence, other than a club, shall ensure that there is displayed at all times a copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons entering through each principal entrance.
3: Every club that holds an off-licence shall ensure that there is displayed at all times a copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons using the premises.
49: Managers
1: Every company, licensing trust, partnership, government department or other instrument of the Crown, or local authority that holds an off-licence shall appoint at least 1 manager in accordance with Part 6
2: Any other holder of an off-licence may appoint a manager or managers in accordance with that Part.
50: Annual returns
Section 50 repealed 1 April 2000 section 37 Sale of Liquor Amendment Act 1999
51: Special provisions relating to caterers
1: An off-licence may be granted to a person who is conducting the business of a caterer.
1A: The Licensing Authority or District Licensing Agency must, when granting an off-licence under subsection (1), endorse the licence to indicate that this section applies to the licence.
2: An off-licence endorsed under this section shall authorise the holder to deliver liquor from the premises described in the licence and sell it on any other premises for consumption on those premises by persons attending any reception, function, or other social gathering promoted by any person or association of persons other than the holder of the licence.
3: On endorsing an off-licence under this section, the Licensing Authority or the District Licensing Agency, as the case may be,
4: Nothing in section 37(1) section 48 Section 51(1) replaced 6 April 2004 section 16(1) Sale of Liquor Amendment Act 2004 Section 51(1A) inserted 6 April 2004 section 16(1) Sale of Liquor Amendment Act 2004 Section 51(3) amended 1 April 2000 section 38(2) Sale of Liquor Amendment Act 1999
52: Special provisions relating to auctioneers
1: An off-licence may be granted to the holder of an auctioneer's licence under the Auctioneers Act 1928
1A: The Licensing Authority or District Licensing Agency must, when granting an off-licence under subsection (1), endorse the licence to indicate that this section applies to the licence.
2: Nothing in section 31(3) section 32 section 33
3: An off-licence endorsed under this section shall authorise the holder to sell liquor by auction in the course of his or her business as an auctioneer.
4: Nothing in sections 48 to 49 Section 52(1) replaced 1 April 2000 section 39(1) Sale of Liquor Amendment Act 1999 Section 52(1A) inserted 1 April 2000 section 39(1) Sale of Liquor Amendment Act 1999 Section 52(1A) 6 April 2004 Sale of Liquor Amendment Act 2004 Section 52(4) amended 1 April 2000 section 39(2) Sale of Liquor Amendment Act 1999
3: Club licences
53: Club licences
A club licence shall authorise the holder of the licence to sell and supply liquor, on the premises described in the licence, for consumption on the premises, to—
a: any member of the club; or
b: any person who is a guest of, and is accompanied by, a member of the club; or
c: any member of any other club with which the holder of the licence has an arrangement for reciprocal visiting rights for members of the clubs.
54: Who may hold club licence
A club licence may be held by any club.
55: Applications for club licences
1: Every application for a club licence shall—
a: be made in the name of the club that will hold the licence if the application is granted; and
b: be made in the prescribed form and manner; and
c: contain the prescribed particulars; and
d: be accompanied by the prescribed fee; and
e: be accompanied by a certificate by the local authority that the proposed use of the premises meets requirements of the Resource Management Act 1991
2: Every application shall be filed with the District Licencing Agency for the district in which the premises are situated.
3: Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
4: Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
5: The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so. Section 55(1)(e) amended 1 July 1992 Building Act 1991 Section 55(4) inserted 1 April 2000 section 40 Sale of Liquor Amendment Act 1999 Section 55(5) inserted 1 April 2000 section 40 Sale of Liquor Amendment Act 1999
56: Objections
Section 56 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
57: Reports
Section 57 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
58: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
1: A District Licensing Agency must decide whether to grant an application for a club licence in accordance with this Act, if—
a: no objection has been filed under section 56
b: no reports containing matters in opposition have been filed with the District Licensing Agency under section 57
2: In any other case, the District Licensing Agency must forward the complete file relating to the application to the Secretary of the Licensing Authority, and the Licensing Authority must determine the application in accordance with this Act.
3: For the purposes of this section, the complete file
a: the application and any papers filed in support of the application; and
b: a copy of the public notice of the application, and a statement of the dates of publication of the notice; and
c: any objection, and any papers filed in support of any objection; and
d: any reports made under section 57
e: the certificate section 55(1)(e) Section 58 replaced 1 April 2000 section 43 Sale of Liquor Amendment Act 1999 Section 58(3)(e) amended 6 April 2004 section 18 Sale of Liquor Amendment Act 2004
59: Criteria for club licences
Section 59 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
60: Conditions of club licences
1: The following shall be conditions of every club licence:
a: that there shall at all times be a secretary of the club:
b: that within 10 working days of the appointment of a new secretary, the club shall inform the Secretary of the Licensing Authority or District Licensing Agency (whichever granted the licence)
c: that all proceeds from the sale of liquor shall belong to the club:
d: that the club has available for consumption on the premises a reasonable range of non-alcoholic refreshments.
2: On granting an application for a club licence, the Licensing Authority or District Licensing Agency, as the case may be, may impose conditions relating to the following matters:
a: the days on which and the hours during which liquor may be sold:
b: the provision of food for consumption on the premises:
c: the sale and supply of low-alcohol beverages:
d: the provision of assistance with or information about alternative forms of transport from the licensed premises:
e: any other matter aimed at the responsible consumption of liquor:
f: the steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed:
g: the designation of the whole or any part or parts of the premises as a restricted area or supervised area:
h: the persons or types of persons to whom liquor may be sold or supplied.
2A: Different conditions may be imposed under subsection (2)(a) in respect of different parts of the premises.
2B: Subsection (2)(h) applies subject to the Human Rights Act 1993
3: Where the application for a club licence was made by or on behalf of an unincorporated association of persons, the Licensing Authority or District Licensing Agency, as the case may be,
4: In determining the conditions to be imposed under subsection (2)(a),—
a: the Licensing Authority or District Licensing Agency, as the case may be, must
b: the Licensing Authority or District Licensing Agency, as the case may be, Section 60(1)(b) amended 1 April 2000 section 45(1) Sale of Liquor Amendment Act 1999 Section 60(2) replaced 1 April 2000 section 45(2) Sale of Liquor Amendment Act 1999 Section 60(2A) inserted 1 April 2000 section 45(2) Sale of Liquor Amendment Act 1999 Section 60(2B) inserted 1 April 2000 section 45(2) Sale of Liquor Amendment Act 1999 Section 60(3) amended 1 April 2000 section 45(3) Sale of Liquor Amendment Act 1999 Section 60(4)(a) amended 1 April 2000 section 45(4)(a) Sale of Liquor Amendment Act 1999 Section 60(4)(b) amended 1 April 2000 section 45(4)(b) Sale of Liquor Amendment Act 1999
61: No obligation to serve
1: A club licence shall not oblige the licensee to serve liquor at any time or to any person.
2: Subsection (1) applies subject to the Human Rights Act 1993 Section 61(2) replaced 1 February 1994 section 145 Human Rights Act 1993
62: Variation of conditions
1: The holder of a club licence may at any time apply to the District Licensing Agency for the variation or cancellation of any condition of the licence imposed by the Licensing Authority or District Licensing Agency.
2: Within 20 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
2A: Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates.
2B: The applicant is not required to ensure that notice of the application is attached in accordance with subsection (2A), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so.
3: Any person
4: Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the notice of the making of the application.
5: No objection may be made in relation to any matter other than one specified in section 59(1)
6: Sections 57 58
7: In considering the application, the Licensing Authority or District Licensing Agency, as the case may require, must section 59(1) Section 62(1) replaced 1 April 2000 section 46(1) Sale of Liquor Amendment Act 1999 Section 62(2A) inserted 1 April 2000 section 46(2) Sale of Liquor Amendment Act 1999 Section 62(2B) inserted 1 April 2000 section 46(2) Sale of Liquor Amendment Act 1999 Section 62(3) amended 1 April 2000 section 46(3) Sale of Liquor Amendment Act 1999 Section 62(7) amended 1 April 2000 section 46(4) Sale of Liquor Amendment Act 1999
63: Duration of club licences
1: Every club licence shall continue in force—
a: until the close of the period of 1 year commencing with the date of its issue; or
b: if an application for the renewal of the licence is duly made, until the application is determined.
2: Subsection (1) applies subject to—
a: the requirements of this Act relating to the payment of fees; and
b: the provisions of this Act relating to the suspension and cancellation of licences.
64: Renewal of club licences
1: The holder of a club licence may apply in accordance with this section for the renewal of the licence.
2: Every application for the renewal of a club licence shall—
a: be filed with the District Licensing Agency with which the application for the licence was filed; and
b: be made no later than 20 working days before the expiry of the licence, or by such later date (not being later than the date of the expiry of the licence) as the District Licensing Agency may allow; and
c: be made in the prescribed form and manner; and
d: contain the prescribed particulars; and
da: where the application relates to any premises, be accompanied by a statement by the applicant that—
i: the building in which the premises are situated has an evacuation scheme for public safety which meets the requirements of section 21A
ii: the building, by reason of its current use, does not require such a scheme, or that the building is exempt from having to meet the requirements for such a scheme; and
e: be accompanied by the prescribed fee.
3: Within 10 working days after filing the application, the applicant shall give public notice of the application in the prescribed form.
4: Within 10 working days after filing the application, the applicant must ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates, unless it is impracticable or unreasonable to do so.
5: The applicant is not required to ensure that notice of the application is attached in accordance with subsection (4), if the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so. Section 64(2)(da) inserted 1 July 1992 Building Act 1991 Section 64(4) inserted 1 April 2000 section 47 Sale of Liquor Amendment Act 1999 Section 64(5) inserted 1 April 2000 section 47 Sale of Liquor Amendment Act 1999
65: Objections to renewal
Section 65 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
66: Reports on applications for renewals
Section 66 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
67: Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
1: If, in respect of any application for the renewal of a club licence,—
a: no objection is filed within the prescribed time; and
b: no report filed with the District Licensing Agency under section 66 the District Licensing Agency shall renew the licence for a further period of 3 years on—
c: the conditions presently attaching to it; or
d: such different conditions, relating to any matters specified in section 60(2)
1A: The District Licensing Agency must not exercise its power under subsection (1)(d) except in response to a request by the applicant.
2: In respect of any application for the renewal of a club licence to which subsection (1) does not apply, the Secretary of the District Licensing Agency shall forward the complete file to the Secretary of the Licensing Authority for the determination by the Authority of the application in accordance with this Act.
3: For the purposes of this section, the complete file
a: the application and any papers filed in support of the application; and
b: a copy of the public notice of the application, and a statement of the dates of publication of the notice; and
c: any objection, and any papers filed in support of any objection; and
d: any section 66 Section 67(1) amended 6 April 2004 section 19(1) Sale of Liquor Amendment Act 2004 Section 67(1)(c) inserted 6 April 2004 section 19(2) Sale of Liquor Amendment Act 2004 Section 67(1)(d) 6 April 2004 section 19(2) Sale of Liquor Amendment Act 2004 Section 67(1A) inserted 6 April 2004 section 19(3) Sale of Liquor Amendment Act 2004 Section 67(3)(d) amended 1 April 2000 section 50 Sale of Liquor Amendment Act 1999
68: Criteria for renewal
In considering any application for the renewal of a club licence, the Licensing Authority shall have regard to the following matters:
a:
b: the conditions attaching to the licence:
c:
d: Section 68(a) repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012 Section 68(c) repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012 Section 68(d) repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
69: Decision on application for renewal
1: After considering an application for the renewal of a club licence, the Licensing Authority shall—
a: renew the licence on the conditions presently attaching to it; or
b: renew the licence on such different conditions (relating to any matters specified in section 60(2)
c: refuse to renew the licence.
2: The Licensing Authority shall not exercise its powers under paragraph (b) or paragraph (c) of subsection (1) except in response to—
a: an objection duly made under section 65
b: a report duly submitted under section 66
c: a request by the applicant.
3: On renewing a club licence, the Licensing Authority shall specify a date (being no later than 3 years after the date on which the renewal takes effect) on which the licence shall expire unless it is again renewed under this section.
70: Display of signs and licence
Every holder of a club licence shall ensure that there is displayed at all times a copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons using the premises.
71: Managers
Every holder of a club licence shall appoint at least 1 manager in accordance with Part 6
72: Annual returns
Section 72 repealed 1 April 2000 section 51 Sale of Liquor Amendment Act 1999
4: Special licences
73: Special licences
A special licence authorises the holder of the licence to sell and supply liquor, on the premises or conveyance described in the licence, to any person attending any occasion or event or series of occasions or events described in the licence. Section 73 replaced 1 April 2000 section 52 Sale of Liquor Amendment Act 1999
74: Special licences for social gatherings
Without limiting anything in section 73 Section 74 amended 1 April 2000 section 53 Sale of Liquor Amendment Act 1999
75: Who may hold special licence
A special licence may be held by—
a: any person who has attained the age of 20 years; or
b: any company within the meaning of the Companies Act 1993
ba: any body corporate (whether incorporated in or outside New Zealand) that is authorised to sell liquor or hold a licence under this Act or under any previous enactment relating to the sale of liquor; or
bb: any board, organisation, or other body that is authorised by another Act to sell liquor or hold an on-licence under this Act; or
c: any licensing trust; or
d: any partnership comprising any persons, companies, or trusts referred to in paragraphs (a) to (c); or
e: any government department or other instrument of the Crown; or
f: any local authority , whether or not
g: any club; or
h: any trustee within the meaning of the Trustee Act 1956
i: any manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988 Section 75(b) replaced 1 April 2000 section 54(1) Sale of Liquor Amendment Act 1999 Section 75(ba) inserted 1 April 2000 section 54(1) Sale of Liquor Amendment Act 1999 Section 75(bb) inserted 1 April 2000 section 54(1) Sale of Liquor Amendment Act 1999 Section 75(f) amended 1 April 2000 section 54(2) Sale of Liquor Amendment Act 1999
76: Applications for special licences
1: Every application for a special licence shall—
a: be made in the name of the person who will hold the licence if the application is granted; and
b: be made in the prescribed form and manner; and
c: contain the prescribed particulars; and
d: be accompanied by the prescribed fee.
2: An application in respect of any premises shall be made to the District Licensing Agency for the district in which the premises are situated.
3: An application in respect of any conveyance shall be made to the District Licensing Agency for the district in which the applicant's principal place of business is situated.
4: Within 10 working days after filing the application, the applicant must, if required to do so by the Secretary, ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates, unless the Secretary agrees that it is impracticable or unreasonable to do so. Section 76(4) replaced 1 April 2000 section 55 Sale of Liquor Amendment Act 1999
77: Objections
Section 77 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
78: Reports
Section 78 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
79: Criteria for special licences
Section 79 repealed 18 June 2013 section 418(2) Sale and Supply of Alcohol Act 2012
80: Conditions of special licences
1: It shall be a condition of every special licence that the licensee has available for consumption on the premises or conveyance a reasonable range of non-alcoholic refreshments.
2: On granting an application for a special licence, the District Licensing Agency may impose conditions relating to the following matters:
a: the days on which and the hours during which liquor may be sold:
b: the provision of food for consumption on the premises or conveyance:
ba: the sale and supply of low-alcohol beverages:
bb: the provision of assistance with or information about alternative forms of transport from the licensed premises:
bc: any other matter aimed at promoting the responsible consumption of liquor:
c: the designation of the whole or any part or parts of the premises or conveyance as a restricted area or a supervised area:
d: the steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed:
e: the exclusion of the public:
f: the filing of returns relating to liquor sold pursuant to the licence:
g: the containers in which liquor may be sold.
3: In determining the conditions to be imposed under subsection (2)(a),—
a: the District Licensing Agency shall have regard to the days on which and the times at which persons will be participating in the occasion or event or series of occasions or events in respect of which the licence is sought, and the nature of the activities to be conducted on those occasions or during those events; and
b: the District Licensing Agency may have regard to the site of the premises in relation to neighbouring land use and, where the premises are located in a building, to whether—
i: the building has an evacuation scheme for public safety which meets the requirements of section 21A
ii: the building, by reason of the activity which is associated with the issue of the licence, requires an evacuation scheme for public safety which meets the requirements of section 21A Section 80(2)(ba) inserted 1 April 2000 section 59(1) Sale of Liquor Amendment Act 1999 Section 80(2)(bb) inserted 1 April 2000 section 59(1) Sale of Liquor Amendment Act 1999 Section 80(2)(bc) inserted 1 April 2000 section 59(1) Sale of Liquor Amendment Act 1999 Section 80(2)(g) inserted 1 April 2000 section 59(2) Sale of Liquor Amendment Act 1999 Section 80(3)(b) replaced 1 July 1992 Building Act 1991
81: No obligation to serve
1: A special licence shall not oblige the licensee to serve liquor at any time or to any person.
2: Subsection (1) applies subject to the Human Rights Act 1993 Section 81(2) replaced 1 February 1994 section 145 Human Rights Act 1993
82: Duration of special licences
1: Subject to subsections (2) and (3), a special licence shall continue in force as follows:
a: in the case of a licence granted for 1
b: in the case of a licence granted for a series of occasions or events, for the period during which that series occurs:
c: in the case of a special licence granted under section 74
2: If, in the case of a licence granted for 1
3: A licence granted in respect of a series of occasions or events shall not continue in force for longer than 12 months. Section 82(1)(a) amended 1 April 2000 section 60(1) Sale of Liquor Amendment Act 1999 Section 82(2) amended 1 April 2000 section 60(2) Sale of Liquor Amendment Act 1999
83: Display of licence
On granting a special licence, the District Licensing Agency may give such directions relating to the display of the licence, and of the conditions of the licence, as the Agency thinks necessary or desirable; and, where any such directions are given, the holder of the licence shall ensure that they are complied with.
84: Managers
1: Subject to subsection (2), every company, licensing trust, partnership, government department or other instrument of the Crown, local authority, or club who holds a special licence shall appoint at least 1 manager in accordance with Part 6
2: The District Licensing Agency may exempt the holder of any special licence from the requirements of subsection (1) if it is satisfied that the licensee, or some other person nominated by the licensee, will manage the conduct of the sale of liquor pursuant to the licence.
3: Any other holder of a special licence may appoint a manager or managers in accordance with Part 6
5: Licensing Authority and District Licensing Agencies
Licensing Authority Heading repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
85: Licensing Authority established
Section 85 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
86: Term of office of members of Authority
Section 86 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
87: Resignation or removal from office
Section 87 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
88: Deputies of members
Section 88 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
89: Remuneration and travelling expenses
Section 89 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
90: Officers of Authority and professional assistance
Section 90 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
91: Functions of Authority
Section 91 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
92: Powers of Authority
Section 92 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
93: Authority may give directions where appropriate Agency in doubt
Section 93 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
94: Authority may refer matters for investigation
Section 94 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
95: Authority may refer matters to District Licensing Agency
Section 95 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
96: Authority may send statements to Agencies
Section 96 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
97: Meetings of Authority
Section 97 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012
98: Annual report
Section 98 repealed 19 December 2012 section 418(1) Sale and Supply of Alcohol Act 2012 District Licensing Agencies
99: Local authority to be District Licensing Agency
1: For the purposes of this Act, each local authority shall be the District Licensing Agency for its district.
2: Except as otherwise provided in this Act, in exercising its powers as the District Licensing Agency a local authority shall be governed by the provisions of the Local Government Act 2002 Section 99(2) amended 1 July 2003 section 262 Local Government Act 2002
100: Functions of District Licensing Agency
The principal functions of a District Licensing Agency shall be as follows:
a: to consider and determine such applications for the grant of on-licences, off-licences, and club licences as it is not required by this Act to forward for determination by the Licensing Authority:
b: to grant such applications for renewal of on-licences, off-licences, and club licences or for the variation of conditions as it is not required by this Act to forward for determination by the Licensing Authority:
c: to consider and determine applications for temporary authority to carry on the sale and supply of liquor in accordance with section 24 section 47
d: to consider and determine applications for special licences in accordance with this Act:
e: to grant such applications for renewal of managers' certificates as it is not required by this Act to forward for determination by the Licensing Authority:
f: to conduct such inquiries and to make such reports as may be required of it by the Licensing Authority under section 95
g: such other functions as may be conferred on the District Licensing Agency by or under this Act or any other enactment. Section 100(a) replaced 1 April 2000 section 64 Sale of Liquor Amendment Act 1999 Section 100(b) replaced 1 April 2000 section 64 Sale of Liquor Amendment Act 1999
101: Powers of District Licensing Agency
A District Licensing Agency shall have all such powers as are conferred on it by or under this Act or any other Act, and all such other powers as may be reasonably necessary to enable it to exercise its jurisdiction and perform its duties satisfactorily.
102: Secretary of District Licensing Agency
For the purposes of this Act, the chief executive Section 102 amended 1 July 2003 section 262 Local Government Act 2002
103: Inspectors
1: For the purposes of this Act, the District Licensing Agency shall appoint 1 or more inspectors.
2: Inspectors shall have the powers conferred on them by or under this Act.
3: The fact that any person is in the employment of the local authority shall not be a bar to his or her appointment as an inspector.
104: Local authority may delegate powers and duties
1: Any local authority may delegate to any committee appointed under clause 30
2: A committee to which any such powers, duties, or discretions have been delegated may, with the approval of the local authority, subdelegate to the Secretary or to any subcommittee such of those powers, duties, and discretions as relate to any matter that is the subject of an application to which no objections have been received.
3: All delegations and subdelegations under this section shall be in writing, and shall state each power, duty, and discretion being delegated or subdelegated.
4: Copies of all such delegations and subdelegations shall be kept in the office of the local authority and shall be available for inspection during ordinary business hours.
5: Every delegation or subdelegation made under this section shall be revocable at will, and no such delegation or subdelegation shall prevent the exercise of any power, duty, or discretion by the local authority or committee making the delegation or subdelegation.
6: Subject to any general or special directions given or conditions attached by the local authority or committee making the delegation or subdelegation, the committee or subcommittee or the Secretary to which or to whom any powers, duties, or discretions are delegated or subdelegated may exercise those powers, duties, and discretions in the same manner and with the same effect as if they had been conferred directly by this section and not by delegation or subdelegation.
7: Until a delegation or subdelegation made under this section is revoked, it shall continue in force according to its tenor.
8: Where any committee or subcommittee or the Secretary purports to act pursuant to a delegation or subdelegation made under this section, that committee or subcommittee or the Secretary shall be presumed to be acting in accordance with the terms of the delegation or subdelegation in the absence of proof to the contrary. Section 104(1) amended 1 July 2003 section 262 Local Government Act 2002
105: Annual reports
1: Within 3 months after the end of every financial year, every District Licensing Agency shall prepare and send to the Licensing Authority a report of the District Licensing Agency's proceedings and operations during the year.
2: The Licensing Authority or the District Licensing Agency shall supply a copy of each such report to any person who requests it on payment of such reasonable fee as the Authority or Agency may prescribe. General provisions relating to Authority and Agencies
106: Procedure
1: If no objection to an application is filed within the prescribed time, the Licensing Authority or (in the case of any matter within the jurisdiction of a District Licensing Agency) the District Licensing Agency may either grant the application on the papers or convene a public hearing to consider the application.
2: Where an objection is filed within the prescribed time, the Licensing Authority or the District Licensing Agency must convene a public hearing to consider the application, unless—
a: the application is withdrawn; or
b: having considered the application, the Licensing Authority or District Licensing Agency believes that the objection is vexatious or based on grounds outside the scope of this Act; or
c: the objector does not require a public hearing.
3: The Licensing Authority or the District Licensing Agency shall give at least 10 working days' notice of the public hearing to—
a: the applicant; and
b: each objector; and
c: the constable
4: Each of the persons referred to in subsection (3) shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses. Section 106(2) replaced 1 April 2000 section 65 Sale of Liquor Amendment Act 1999 Section 106(3)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
107: Proceedings of Licensing Authority or Agency
1: Whenever the Licensing Authority meets for the purpose of hearing any appeal, or the Authority or any District Licensing Agency meets for the purposes of exercising any power or function that it is authorised or required by this Act to exercise at a public sitting, the meeting shall, except in a case to which section 106(1)
2: Any other meeting of the Authority or of any District Licensing Agency may, in the discretion of the Authority or Agency, be held in public or in private.
3: Whenever the Authority or Agency holds a public sitting it may in its discretion hold any part of the sitting in private if, having regard to the interests of persons appearing and being heard and to the public interest, it thinks it proper to do so.
4: The Authority or Agency may in any case deliberate in private as to its decision on any matter or as to any question arising in the course of any proceedings.
5: The Authority or Agency may make an order prohibiting the publication of any report or description of any part of the proceedings in any matter before it; but no such order shall be made prohibiting the publication of the names and descriptions of the parties to the matter, or of particulars of any premises affected.
6: In any proceedings before the Authority, any counsel or solicitor engaged by the Authority pursuant to this Act may appear and be heard as counsel assisting the Authority.
7: Any decision, order, direction, certificate, or other document issued by the Authority or Agency may be signed on its behalf by the chairperson or the secretary.
8: Subject to the provisions of this Act and of any regulations made under this Act, the Authority or Agency may regulate its procedure in such manner as it thinks fit.
108: Right of certain persons to appear
a: any inspector under this Act:
b: any constable
c: any Medical Officer of Health within the meaning of the Health Act 1956
d: any member of the fire service established under the Fire Service Act 1975
e: any person authorised in that behalf by any local authority:
f: any other person who satisfies the Authority or the Agency that he or she has an interest in the proceedings, apart from any interest in common with the public. Section 108 amended 1 April 2000 section 66 Sale of Liquor Amendment Act 1999 Section 108 amended 1 October 2008 section 116(a)(ii) Policing Act 2008
109: Evidence in proceedings before Authority or Agency
1: The Licensing Authority or a District Licensing Agency may receive as evidence any statement, document, information, or matter that in its opinion may assist it to deal effectually with any matter before it, whether or not the statement, document, or matter would be admissible in a court of law.
2: Subject to the foregoing provisions of this section, the Evidence Act 2006 Section 109(2) amended 1 August 2007 section 216 Evidence Act 2006
110: Authority and Agencies deemed to be commissions of inquiry
1: The Licensing Authority and every District Licensing Agency shall each, within the scope of its jurisdiction, be deemed to be a commission of inquiry under the Commissions of Inquiry Act 1908
2: For the purposes of this section, the power to issue summonses requiring the attendance of witnesses before the Authority or Agency or the production of documents, or to do any other act preliminary or incidental to the hearing of any matter by the Authority or Agency may be exercised by the chairperson, or by the Secretary purporting to act by direction or with the authority of the chairperson.
3: In addition to its powers under the Commissions of Inquiry Act 1908
111: Authority or Agency may waive certain omissions
Where any person has neglected or omitted to do any act or thing in the precise manner or within the precise time prescribed by this Act, the Authority or (as the case may require) the Agency or the chairperson, if satisfied that the neglect or omission was not wilful, may, by certificate signed by the chairperson, waive the same on such terms as they think equitable.
112: Authority or Agency may state case for opinion of High Court
1: The Authority or any Agency may state a case for the opinion of the High Court on any question of law arising in any proceedings before it.
2:
3: The High Court may order the removal into the Court of Appeal of any case stated under this section; and on the removal the Court of Appeal has the same power to adjudicate on the proceedings as the High Court had.
4: Either party may, with the leave of the High Court or of the Court of Appeal, appeal to the Court of Appeal against any decision of the High Court on a case stated under this section, and subpart 8 section 303
5: On the removal of any case to the Court of Appeal or on an appeal to the Court of Appeal under this section, the decision of the Court of Appeal is final; and the same judgment must be entered in the High Court, and the same execution and other consequences and proceedings follow, as if the decision had been given in the High Court. Section 112(2) repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 112(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(4) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(5) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
113: Decisions to be given in writing
Every decision of the Licensing Authority or of a District Licensing Agency, and the reasons for the decision, shall be recorded in writing, and a copy shall be given to—
a: the applicant; and
b: each objector who appeared at the hearing; and
c: any other objector who requests a copy; and
d: each person referred to in section 106(3)(c)
114: Issue of licences
1: Where the Licensing Authority or a District Licensing Agency grants an application for a licence, the Secretary shall issue the licence as soon as the Secretary is satisfied that any requirement imposed by the Licensing Authority or the District Licensing Agency as a condition of the grant of the application has been met.
2: No premises or conveyance shall be deemed for the purposes of this Act to be licensed premises until the licence is issued.
6: Management of licensed premises
115: Manager to be on duty at all times and responsible for compliance
1: At all times when liquor is being sold or supplied to the public on any licensed premises a manager must be on duty.
2: A manager on duty in respect of licensed premises is responsible for—
a: the compliance with and enforcement of—
i: the provisions of this Act; and
ii: the conditions of the licence in force in respect of the premises; and
b: the conduct of the premises with the aim of contributing to the reduction of liquor abuse.
3: At all times while a manager is on duty in respect of any licensed premises, the name of the manager must be prominently displayed inside the premises so as to be easily read by persons using the premises; and the person so named at any time is to be treated for the purposes of this Act as the manager at that time.
4: At all times when liquor is being sold or supplied on licensed premises the licensee must take all reasonable steps to enable the manager to comply with this section. Section 115 replaced 1 April 2006 section 120 Sale of Liquor Amendment Act 1999 Managers' certificates
116: Managers to hold certificate
No person is to be appointed as a manager of any licensed premises for the purposes of this Act unless the person holds a manager's certificate granted under this Part. Section 116 replaced 1 April 2006 section 121 Sale of Liquor Amendment Act 1999
117: Kinds of managers' certificates
1: Every manager's certificate must be either a general manager's certificate or a club manager's certificate.
2: A general manager's certificate authorises the holder to manage any licensed premises.
3: A club manager's certificate authorises the holder to manage any licensed premises in respect of which only a club licence or a special licence Section 117 replaced 1 April 2006 section 121 Sale of Liquor Amendment Act 1999 Section 117(3) amended 1 April 2006 section 20 Sale of Liquor Amendment Act 2004
117A: General manager must hold prescribed qualification
1: The Licensing Authority or District Licensing Agency must not issue or renew a general manager's certificate on or after the commencement of this section unless the manager holds a prescribed qualification.
2: In this section, prescribed qualification
a: a qualification prescribed by regulations made under this Act; or
b: the successful completion of a course of training, the requirements or criteria of which have been prescribed by regulations made under this Act. Section 117A replaced 1 April 2006 section 21 Sale of Liquor Amendment Act 2004
118: Applications for managers' certificates
1: Every application for a managers' certificate shall—
a: be made in the name of the person who will hold the certificate if the application is granted; and
b: be made in the prescribed form and manner; and
c: contain the prescribed particulars; and
d: be accompanied by the prescribed fee.
2: An application shall be filed with the following District Licensing Agency:
a: where the applicant intends to be the manager of any particular licensed premises, the District Licensing Agency with which the application for the licence was filed; or
b: in any other case, the District Licensing Agency for the district in which the applicant is residing.
119: Reports
1: On receiving an application for a manager's certificate, the Secretary shall send a copy of it, and of each document filed with it, to—
a: the constable
i: the premises, where the applicant intends to be the manager of any particular premises; or
ii: the Secretary's office, where the applicant intends to be the manager of any particular conveyance; or
iii: the applicant's place of residence in any other case; and
b: an inspector.
2: The inspector must inquire into and file with the District Licensing Agency a report on the application.
3: The Police must inquire into and, if they have any matters in opposition, file a report on the application within 15 working days after receiving the application.
4: The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after the application is referred to the Police, they have no matters in opposition to the application.
5: The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section. Section 119(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 119(2) replaced 1 April 2000 section 68 Sale of Liquor Amendment Act 1999 Section 119(3) replaced 1 April 2000 section 68 Sale of Liquor Amendment Act 1999 Section 119(4) inserted 1 April 2000 section 68 Sale of Liquor Amendment Act 1999 Section 119(5) inserted 1 April 2000 section 68 Sale of Liquor Amendment Act 1999
120: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
1: If, in respect of any application for a manager's certificate, no matter in opposition is filed under section 119
2: In any other case, the Secretary of the District Licensing Agency must forward the complete file to the Secretary of the Licensing Authority, and the Licensing Authority must determine the application in accordance with this Act.
3: For the purposes of this section, the complete file
a: the application and any papers filed in support of the application; and
b: any reports made under section 119 Section 120 replaced 1 April 2000 section 69 Sale of Liquor Amendment Act 1999
121: Criteria for managers' certificates
1: In considering any application for a general manager's certificate, the Licensing Authority or District Licensing Agency, as the case may be, must have regard to the following matters:
a: the character and reputation of the applicant:
b: any convictions recorded against the applicant:
c: any experience, in particular recent experience, that the applicant has had in controlling any premises or conveyance in respect of which a licence was in force:
d: any relevant training, in particular recent training, that the applicant has undertaken and evidence that the applicant holds the prescribed qualification required under section 117A
e: any matters dealt with in any report made under section 119
2: In considering any application for a club manager's certificate, the Licensing Authority or District Licensing Agency, as the case may be, must have regard to the following matters:
a: the character and reputation of the applicant:
b: any convictions recorded against the applicant:
c: any experience, in particular recent experience, that the applicant has had in managing any premises in respect of which a licence was in force:
d: any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:
e: any matters dealt with in any report made under section 119
f: where the applicant intends to be the manager of a particular club, the extent of the applicant's involvement in the management and activities of the club. Section 121 replaced 1 April 2000 section 70 Sale of Liquor Amendment Act 1999 Section 121(1) replaced 1 April 2006 section 122 Sale of Liquor Amendment Act 1999
122: Duration of managers' certificates
1: Every manager's certificate shall continue in force—
a: until the close of the period of 1 year commencing with the date of its issue; or
b: if an application for the renewal of the certificate is duly made, until the application is determined.
2: Subsection (1) applies subject to—
a: the requirements of this Act relating to the payment of fees; and
b: the provisions of this Act relating to the suspension and cancellation of managers' certificates.
123: Renewal of managers' certificates
1: The holder of a manager's certificate may apply in accordance with this section for the renewal of the certificate.
2: Every application for the renewal of a manager's certificate shall—
a: be filed with—
i: the District Licensing Agency for the district in which the applicant is presently employed as a manager; or
ii: where the applicant is no longer employed as a manager, the District Licensing Agency for the district in which the applicant is residing; and
b: be made before the date of the expiry of the certificate; and
c: be made in the prescribed form and manner; and
d: contain the prescribed particulars; and
e: be accompanied by the prescribed fee.
124: Reports and applications for renewals
1: On receiving an application for the renewal of a manager's certificate, the Secretary shall send a copy of it, and of each document filed with it, to—
a: the constable
i: the premises, where the applicant is the manager of any particular premises; or
ii: the Secretary's office, where the applicant is the manager of any particular conveyance; or
iii: the applicant's place of residence, in any other case; and
b: an inspector.
2: The inspector must inquire into and file with the District Licensing Agency a report on the application.
3: The Police must inquire into and, if they have any matters in opposition, file a report on the application within 15 working days after receiving the application.
4: The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after the application is referred to the Police, they have no matters in opposition to the application.
5: The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section. Section 124(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Sections 124(2) replaced 1 April 2000 section 71 Sale of Liquor Amendment Act 1999 Sections 124(3) replaced 1 April 2000 section 71 Sale of Liquor Amendment Act 1999 Sections 124(4) inserted 1 April 2000 section 71 Sale of Liquor Amendment Act 1999 Sections 124(5) inserted 1 April 2000 section 71 Sale of Liquor Amendment Act 1999
125: Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
1: If, in respect of any application for the renewal of a manager's certificate, no report filed with the District Licensing Agency under section 124
1A: However, if the District Licensing Agency renews a general manager's certificate during the period specified in subsection (1B) and the certificate is for a manager who does not hold a prescribed qualification referred to in section 117A Sale of Liquor Amendment Act 2004
1B: The period—
a: begins 1 month after an Order in Council is made appointing a commencement date for Part 2
b: ends on the close of the day before that commencement date.
2: In respect of any application for the renewal of a manager's certificate to which subsection (1) does not apply, the Secretary of the District Licensing Agency shall forward the complete file to the Secretary of the Licensing Authority for the determination by the Authority of the application in accordance with this Act.
3: For the purposes of this section, the complete file
a: the application and any papers filed in support of the application; and
b: any section 124 Section 125(1A) inserted 6 April 2004 section 22 Sale of Liquor Amendment Act 2004 Section 125(1B) inserted 6 April 2004 section 22 Sale of Liquor Amendment Act 2004 Section 125(3)(b) amended 1 April 2000 section 72 Sale of Liquor Amendment Act 1999
126: Criteria for renewal
In considering any application for the renewal of a manager's certificate, the Licensing Authority shall have regard to the following matters:
a: the character and reputation of the applicant:
b: any convictions recorded against the applicant since the certificate was issued or last renewed:
c: the manner in which the manager has managed the sale and supply of liquor pursuant to the licence with the aim of contributing to the reduction of liquor abuse
d: any matters dealt with in any report made under section 124 Section 126(c) amended 1 April 2000 section 73 Sale of Liquor Amendment Act 1999
127: Decision on application for renewal
1: After considering an application for the renewal of a manager's certificate, the Licensing Authority shall either renew the certificate or refuse to renew it.
2: If it renews the certificate, the Licensing Authority shall specify a date (being no later than 3 years after the date on which the renewal takes effect) on which the certificate shall expire unless it is again renewed under this section.
3: However, if the Licensing Authority renews a general manager's certificate during the period specified in subsection (4) and the certificate is for a manager who does not hold a prescribed qualification referred to in section 117A Sale of Liquor Amendment Act 2004
4: The period—
a: begins 1 month after an Order in Council is made appointing a commencement date for Part 2
b: ends on the close of the day before that commencement date. Section 127(3) inserted 6 April 2004 section 23 Sale of Liquor Amendment Act 2004 Section 127(4) inserted 6 April 2004 section 23 Sale of Liquor Amendment Act 2004 Miscellaneous provisions
128: Temporary manager
1: In any case where a manager is ill or is absent for any reason, or is dismissed, or resigns, the licensee may appoint as a temporary manager a person who is not then the holder of a manager's certificate.
2: The appointee shall, within 2 working days after the appointment, apply for a manager's certificate; and, if such an application is made, the temporary manager shall, from the time of the appointment until the application is determined, be deemed for the purposes of this Act to be the holder of a manager's certificate.
3: If the appointee does not apply for a manager's certificate within that period of 2 working days, or if the application is refused, the licensee shall cease to employ the appointee as a manager.
129: Acting manager
1: Notwithstanding any other provision of this Act, a licensee may appoint an acting manager—
a: for any period not exceeding 3 weeks at any one time where the licensee or a manager is unable to act because of illness or absence; and
b: for periods not exceeding in the aggregate 6 weeks in each period of 12 months to enable the licensee or a manager to have a vacation or annual leave.
2: Every person appointed as an acting manager in accordance with this section shall, while the appointment continues, be deemed for the purposes of this Act to be the holder of a manager's certificate, and it shall not be necessary for that person to apply for or hold such a certificate.
130: Notice of appointment, etc, of manager, temporary manager, or acting manager
1: A licensee must give notice, in accordance with subsection (1A), of the appointment, or the cancellation or termination of the appointment, of any manager, temporary manager, or acting manager.
1A: Notice is given in accordance with this subsection if the notice is given within 2 working days after the appointment, or the cancellation or termination of the appointment, to—
a: the Licensing Authority; and
b: the District Licensing Agency with which the application for the licence was filed; and
c: the constable
i: the premises, where the licence is in force in respect of any premises; or
ii: the office of the District Licensing Agency with which the application was filed, where the licence is in force in respect of any conveyance.
2: It shall not be necessary to comply with subsection (1) in respect of the appointment of a temporary manager or an acting manager for any period not exceeding 48 hours.
3: The Licensing Authority may, within 5 working days after receiving a notice of the appointment of any temporary manager or acting manager, notify the licensee that it does not approve the appointment, in which case it shall give a copy of the notice to the constable
4: On receiving notice under subsection (3), the licensee shall terminate the appointment with effect from a date not later than 5 working days after the date of the notice. Section 130(1) replaced 1 April 2000 section 74 Sale of Liquor Amendment Act 1999 Section 130(1A) inserted 1 April 2000 section 74 Sale of Liquor Amendment Act 1999 Section 130(1A)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 130(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 130(3) amended 6 April 2004 section 24 Sale of Liquor Amendment Act 2004 Enforcement provisions
131: Power of inspectors to enter licensed premises
1: Any inspector may at any reasonable time enter on and inspect any licensed premises, or any part of any licensed premises, to ascertain whether the licensee or any manager is complying with the conditions of the licence.
2: Any inspector who exercises the power conferred by subsection (1) shall carry a warrant of authority and evidence of identity, and shall produce those documents—
a: on first entering the licensed premises to the person appearing to be in charge of the premises; and
b: whenever subsequently required to do so on the licensed premises by any other person appearing to be in charge of the premises or any part of them.
3: For the purposes of exercising the power conferred by this section, an inspector may—
a: require the production of any licence, or any book, notice, record, list, or other document that is required by this Act to be kept, and examine and make copies of it; and
b: require the licensee or manager to provide any information or assistance reasonably required by the inspector relating to any matter within the duties of the licensee or manager.
4: Every person commits an offence and is liable on conviction $2,000
5: Every person commits an offence and is liable on conviction $2,000
a: to produce the licence or any document when required to do so under paragraph (a) of subsection (3); or
b: to provide any assistance or information when required to do so under paragraph (b) of that subsection. Section 131(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 131(4) amended 1 December 1999 section 75(1) Sale of Liquor Amendment Act 1999 Section 131(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 131(5) amended 1 December 1999 section 75(2) Sale of Liquor Amendment Act 1999
131A: Building Act 2004
1: Where an inspector believes that any building or sitework does not comply with the Building Act 2004
2: For the purposes of this section, the terms building sitework territorial authority Building Act 2004 Section 131A inserted 1 July 1992 Building Act 1991 Section 131A heading replaced 31 March 2005 section 414 Building Act 2004 Section 131A(1) amended 31 March 2005 section 414 Building Act 2004 Section 131A(2) amended 31 March 2005 section 414 Building Act 2004
132: Variation, suspension, or cancellation of licences other than special licences
1: Any constable
a: varying or revoking any condition of a licence, other than a special licence, imposed by the Licensing Authority or a District Licensing Agency section 14(5) section 37(4) section 60(2)
b: suspending the licence; or
c: cancelling the licence.
2: Every application for an order under this section shall—
a: be made in the prescribed form and manner; and
b: contain the prescribed particulars; and
c: be made to the Licensing Authority.
3: The grounds on which an application for an order under this section may be made are as follows:
a: that the licensed premises have been conducted in breach of any of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:
b: that the conduct of the licensee is such as to show that he or she is not a suitable person to hold the licence:
c: the licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public.
4: The Secretary shall—
a: send a copy of the application to the licensee; and
b: fix the earliest practicable date for a public hearing of the application; and
c: give at least 10 working days' notice of the date, time, and place of the hearing to the applicant and the licensee.
5: The applicant and the licensee shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses.
6: If the Licensing Authority is satisfied that any of the grounds specified in subsection (3) is established and that it is desirable to make an order under this section, it may, by order,—
a: vary or revoke any condition of the licence imposed by the Licensing Authority or a District Licensing Agency
b: impose any new condition (relating to any matter specified in section 14(5) section 37(4) section 60(2)
c: suspend the licence for such period not exceeding 6 months as the Licensing Authority thinks fit; or
d: cancel the licence.
7: Instead of making an order under subsection (6), the Licensing Authority may adjourn the application for such period as it thinks fit to give the licensee an opportunity to remedy any matters that the Licensing Authority may require to be remedied within that period. Section 132(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 132(1)(a) amended 19 December 2002 section 3(1) Sale of Liquor Amendment Act 2002 Section 132(6)(a) amended 19 December 2002 section 3(2) Sale of Liquor Amendment Act 2002
132A: Suspension or cancellation of licences by Licensing Authority in respect of certain offences
1: This section applies in respect of an offence committed—
a: by a licensee or manager against section 155(1) section 165 section 166(1) section 167
b: by a person (not being a licensee or manager) against section 155(2) section 166(2)
2: A constable
3: The report must include—
a: a certificate of the conviction from the Registrar of the court concerned; and
b: a summary of the evidence on which the conviction was based; and
c: a statement by the Police as to whether or not the licensed premises concerned have been conducted in breach of any other provisions of this Act or of any conditions of the licence or otherwise in an improper manner and, if so, a statement of the circumstances; and
d: a statement by the Police as to whether or not the conduct of the licensee is such as to show that the licensee is not a suitable person to hold the licence and, if so, a statement of the circumstances; and
e: a recommendation by the Police as to whether the licence of the licensee should be suspended or cancelled; and
f: the reasons for the recommendation.
4: Immediately after receiving the report, the Licensing Authority must consider it.
5: If, after considering the report, the Licensing Authority considers that it should hold a public hearing into whether the licence held by the licensee should be suspended or cancelled, the Secretary must—
a: advise the licensee accordingly; and
b: send a copy of the report of the Police to the licensee; and
c: fix the earliest practicable date for a public hearing of the matter; and
d: give at least 10 working days' notice of the date, time, and place of the hearing to the Police and the licensee.
6: At the hearing, the Police and the licensee (whether personally or by counsel),—
a: are entitled to appear and be heard; and
b: may call, examine, and cross-examine witnesses.
7: A certificate of the conviction included in the report of the Police under subsection (3)(a) is conclusive evidence that the licensee or manager or person committed the offence referred to in the certificate.
8: At the conclusion of the hearing, the Licensing Authority may make an order under subsection (9) if it is satisfied that—
a: the licensed premises concerned have been conducted in breach of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner; or
b: the licensee is not a suitable person to hold a licence; and
c: in either case, it is desirable to make an order under that subsection.
9: An order made under this subsection is an order to—
a: suspend the licence for such period, not exceeding 6 months, as the Licensing Authority thinks fit; or
b: cancel the licence.
10: Instead of making an order under subsection (9), the Licensing Authority may adjourn the hearing for such period as it thinks fit to give the licensee an opportunity to remedy any matters that the Licensing Authority may require to be remedied within the period. Section 132A inserted 1 December 1999 section 76 Sale of Liquor Amendment Act 1999 Section 132A(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
133: Variation, suspension, or cancellation of special licences
1: Any constable
a: varying or revoking any condition of a special licence imposed by the Agency, or imposing any new condition (relating to any matters specified in section 80(2)
b: suspending the licence; or
c: cancelling the licence.
2: Every application for an order under this section shall—
a: be made in the prescribed form and manner; and
b: contain the prescribed particulars; and
c: be made to the District Licensing Agency that issued the licence.
3: The grounds on which an application for an order under this section may be made are as follows:
a: that the licensed premises have been conducted in breach of any of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:
b: that the conduct of the licensee is such as to show that he or she is not a suitable person to hold the licence:
c: the licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public.
4: The Secretary shall—
a: send a copy of the application to the licensee; and
b: fix the earliest practicable date for a public hearing of the application; and
c: give at least 10 working days' notice of the date, time, and place of the hearing to the applicant and the licensee.
5: The applicant and the licensee shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses.
6: If the District Licensing Agency is satisfied that any of the grounds specified in subsection (3) is established and that it is desirable to make an order under this section, it may, by order,—
a: vary or revoke any condition of the licence imposed by the Agency; or
b: impose any new condition (relating to any matter specified in section 80(2)
c: suspend the licence for such period not exceeding 6 months as the Agency thinks fit; or
d: cancel the licence.
7: Instead of making an order under subsection (6), the District Licensing Agency may adjourn the application for such period as it thinks fit to give the licensee an opportunity to remedy any matters that the Agency may require to be remedied within that period.
8: If the District Licensing Agency makes an order under this section, the Secretary shall send a copy of the order to the Secretary of the Licensing Authority. Section 133(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
134: Suspension of licence for non-compliance with public health or fire precaution requirements
1: Where any Medical Officer of Health or any member of the fire service established under the Fire Service Act 1975 (other than requirements under the Building Act 2004 or to the escape of people in the event of fire (whether in accordance with an evacuation scheme for public safety which meets the requirements of section 21A
2: The District Licensing Agency shall give notice in writing to the licensee calling upon the licensee to appear before the Agency at a time and place to be specified in the notice, being not earlier than 7 working days after the giving of the notice, to show cause why the licence should not be suspended.
3: If, after hearing the licensee (if he or she appears), the District Licensing Agency is satisfied that the licensee has failed to comply with any requirement referred to in subsection (1), it may order the licensee to do all such things
4: Notwithstanding anything in subsection (3), if, in any case to which that subsection applies, the District Licensing Agency is satisfied that, because of the licensee's failure to comply with any requirement referred to in subsection (1), the health of persons using the premises to which the application relates is likely to be injured or their safety is likely to be endangered, the Agency shall suspend the licence until it is satisfied that all things necessary or desirable to remedy the default have been done
5: Without limiting subsection (3) but notwithstanding subsection (4), if, in any case to which that latter subsection applies, the District Licensing Agency is satisfied—
a: that the risk to the health or the danger to the safety of persons using the premises has arisen from any circumstances beyond the control of the licensee or manager; or
b: that the risk or danger can be averted by ordering the closure of part only of the premises,— the Agency may, instead of suspending the licence, order the closure of any part of the premises accordingly for the undertaking of the necessary work. If the work is not completed to the satisfaction of the Agency within such period as the Agency may allow, the Agency shall suspend the licence under subsection (4).
6: While any such licence is so suspended the premises shall be deemed not to be licensed premises. Section 134(1) amended 31 March 2005 section 414 Building Act 2004 Section 134(1) amended 1 July 1992 Building Act 1991 Section 134(3) amended 1 July 1992 Building Act 1991 Section 134(4) amended 1 July 1992 Building Act 1991
135: Suspension or cancellation of managers' certificates
1: Any constable
a: suspending a manager's certificate; or
b: cancelling a manager's certificate.
2: Every application for an order under this section shall—
a: be made in the prescribed form and manner; and
b: contain the prescribed particulars; and
c: be made to the Licensing Authority.
3: The grounds on which an application for an order under this section may be made are as follows:
a: that the manager has failed to conduct any licensed premises in a proper manner:
b: that the conduct of the manager is such as to show that he or she is not a suitable person to hold the certificate.
4: The Secretary shall—
a: send a copy of the application to the manager and to the licensee of any licensed premises to which any allegations against the manager relate; and
b: fix the earliest practicable date for a public hearing of the application; and
c: give at least 10 working days' notice of the public hearing to the applicant and the manager.
5: The applicant and the manager shall be entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine witnesses.
6: If the Licensing Authority is satisfied that either of the grounds specified in subsection (3) is established and that it is desirable to make an order under this section, it may, by order,—
a: suspend the certificate for such period not exceeding 6 months as the Licensing Authority thinks fit; or
b: cancel the certificate.
7: Instead of making an order under subsection (6), the Licensing Authority may adjourn the application for such period as it thinks fit to give the manager an opportunity to remedy any matters that the Licensing Authority may require to be remedied within that period. Section 135(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
136: Restraining continuing breaches of conditions of licence
Section 136 repealed 1 April 2000 section 77 Sale of Liquor Amendment Act 1999
136A: Offences under Part 5 of Rugby World Cup 2011 (Empowering) Act 2010
To avoid doubt, an offence committed under Part 5 Section 136A inserted 20 December 2010 section 92 Rugby World Cup 2011 (Empowering) Act 2010
7: Appeals
137: Appeals to Licensing Authority against decisions of District Licensing Agencies
1: Any party to any proceedings before a District Licensing Agency who is dissatisfied with the decision may appeal to the Licensing Authority against the decision on giving notice of appeal to the Licensing Authority within 10 working days after the date on which notice of the decision is given to that party.
2: Notwithstanding anything in subsection (1), the Licensing Authority, on the application of any person having a right of appeal under this section, may grant leave to that person to give notice of appeal after the expiration of the time prescribed by that subsection, and within such time as the Licensing Authority thinks fit, where, in the opinion of the Licensing Authority, there was reasonable cause for the failure or inability of that person to give notice within the time prescribed by that subsection.
3: The notice of appeal shall be in writing, and shall be sent to the Secretary of the Licensing Authority.
4: It shall not be necessary to state in the notice of appeal the grounds of appeal.
5: Either before or immediately after the notice of appeal is sent to the Secretary, a copy of the notice shall be served on each of the other parties to the proceedings before the District Licensing Agency, and a copy shall be left with the Secretary of that Agency.
6: Every such appeal shall be by way of rehearing.
7: On hearing any such appeal, the Licensing Authority may confirm, modify, or reverse the decision under appeal.
8: Except in a case to which subsection (9) applies, the effect of the decision under appeal shall be suspended pending the outcome of the appeal.
9: In the case of an appeal against a decision to suspend the licence under section 134
138: Appeals to High Court against decisions of Licensing Authority on grounds of suitability
1: Where the Licensing Authority—
a: refuses any application for the grant or renewal of any licence or any manager's certificate on the ground of the suitability of the applicant; or
b: cancels or suspends any licence or manager's certificate on the ground of the suitability of the licensee or manager,— the applicant or licensee or manager may appeal to the High Court against the decision of the Licensing Authority on giving notice of appeal within 10 working days after the date on which notice of the decision is given to the applicant, licensee, or manager.
2: The notice of appeal shall be in writing and shall be filed in the High Court.
3: It shall not be necessary to state in the notice of appeal the grounds of the appeal.
4: Either before or immediately after the filing of the notice of appeal, a copy of the notice shall be served on each of the other parties to the proceedings before the Licensing Authority, and a copy shall be left with the Secretary of the Authority.
5:
6: As soon as possible after the receipt by the Secretary of the Licensing Authority of a copy of any notice of appeal, the Secretary shall send to the office of the High Court in which the appeal has been filed—
a: any application and supporting documents filed with the Authority, and any written submissions, statements, reports, and other papers relating to the decision appealed against:
b: a copy of any notes made by the chairperson of the evidence given at the hearing:
c: any exhibits in the custody of the Authority:
d: a copy of the decision appealed against.
7: Every appeal shall be by way of rehearing; but where any question of fact is involved in any appeal, the evidence taken before the Authority bearing on the question shall, subject to any special order, be brought before the High Court as follows:
a: as to any evidence given orally, by the production of a copy of the chairperson's note or of a written statement read by the witness while under oath, or of such other materials as the High Court may consider expedient:
b: as to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and such of the exhibits as may have been forwarded to the court by the Authority, and by the production by the parties to the appeal of such exhibits as are in their custody: provided that the High Court may in its discretion rehear the whole or any part of the evidence, and shall rehear the evidence of any witness if the court has reason to believe that any note of the evidence of that witness made by the chairperson of the Licensing Authority is or may be incomplete in any material particular.
8: The court shall have full discretionary power to hear and receive further evidence on questions of fact, either by oral evidence or by affidavit.
9: If the appellant does not appear at the time appointed for hearing the appeal, the appeal shall be dismissed.
10: If the appellant does not prosecute the appeal with due diligence, any other party to the appeal may apply to the High Court for the dismissal of the appeal.
11: On hearing the appeal, the High Court may confirm, modify, or reverse the decision appealed against, and the decision of the court shall be final and binding on all parties.
12: The Registrar of the High Court shall transmit to the Secretary of the Licensing Authority a memorandum of the decision of the court, and such proceedings shall be had thereon as if the decision had been given by the Authority.
13: The Registrar shall also return to the Secretary of the Licensing Authority any application, papers, and exhibits forwarded by the Secretary pursuant to subsection (6). Section 138(5) repealed 2 September 1996 Sale of Liquor Amendment Act 1996
139: Appeal against decision of Licensing Authority on question of law
1: Where any party to any proceedings before the Licensing Authority under this Act is dissatisfied with any determination of the Licensing Authority in the proceedings as being erroneous in point of law, that party may appeal to the High Court on that question of law.
2: Subject to sections 140 to 146
140: Notice of appeal
1: Every appeal under section 139
a: the Registrar of the High Court
b: the Secretary of the Licensing Authority.
2: Either before or immediately after the lodging of the notice of appeal, the appellant shall serve a copy of the notice of appeal, either personally or by post, on every other party to the proceedings before the Licensing Authority.
3: Service under subsection (2), if by post, shall be by registered letter and shall be deemed in the absence of proof to the contrary for the purposes of this section to be effected at the time when the letter would be delivered in the ordinary course of post.
4: Every notice of appeal shall specify—
a: the determination or the part of the determination appealed from; and
b: the error of law alleged by the appellant; and
c: the question of law to be resolved; and
d: the grounds of the appeal, which grounds shall be specified with such reasonable particularity as to give full advice to both the court and the other parties of the issues involved.
5: The Secretary of the Licensing Authority shall, as soon as is practicable after receiving a copy of the notice of appeal, send a copy of the whole of the determination appealed from to the Registrar of the High Court Section 140(1)(a) amended 2 September 1996 Sale of Liquor Amendment Act 1996 Section 140(5) amended 2 September 1996 Sale of Liquor Amendment Act 1996
141: Right to appear and be heard on appeals
1: Any party to the proceedings before the Licensing Authority who wishes to appear and be heard on the hearing of the appeal shall, within 7 working days after the date of the service on that party of a copy of the notice of appeal, lodge with the Registrar of the High Court
2: Any party who gives a notice of intention to appear and be heard and the appellant shall be parties to the appeal and shall be entitled—
a: to be served with every document thereafter filed or lodged with the Registrar relating to the appeal; and
b: to receive a notice of the date set down for the hearing of the appeal. Section 141(1) amended 2 September 1996 Sale of Liquor Amendment Act 1996
142: Orders relating to determination of appeals
1: Subject to subsections (2) and (3), the High Court may, of its own motion or on the application of any party to the appeal, make all or any of the following orders:
a: an order directing the Licensing Authority to lodge with the Registrar of the High Court
b: an order directing the Licensing Authority to lodge with the Registrar a report recording, in respect of any matter or issue that the court may specify, any of the findings of fact of the Licensing Authority that are not set out or fully set out in its determination:
c: an order directing the Licensing Authority to lodge with the Registrar a report setting out, in respect of any matter or issue that the court may specify, any reasons or considerations of the Licensing Authority to which the Licensing Authority had regard but that are not set out in its determination.
2: An application under subsection (1) shall,—
a: in the case of the appellant, be made within 20 working days after the date of the lodging of the notice of appeal; or
b: in the case of any other party to the appeal, within 20 working days after the date of the service on that party of a copy of the notice of appeal.
3: The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit. Section 142(1)(a) amended 2 September 1996 Sale of Liquor Amendment Act 1996
143: Dismissal of appeal
The High Court may dismiss any appeal under section 139
a: if the appellant does not appear at the time appointed for the hearing of the appeal; or
b: if the appellant does not prosecute the appeal with all due diligence and any party applies to the court for the dismissal of the appeal.
144: Appeal in respect of additional points of law
1: Where any party to an appeal under section 139
2: The provisions of section 139 section 140 sections 142 143 145 146 Section 144(1) amended 2 September 1996 Sale of Liquor Amendment Act 1996
145: Extension of time
The High Court or a Judge of the High Court may, on the application of the appellant, or intending appellant, or any other party, extend any time prescribed or allowed under any of the provisions of sections 140 to 144
146: Date of hearing
When any party to the appeal notifies the Registrar of the High Court
a: that the notice of appeal has been served on all parties to the proceedings; and
b: either—
i: that no application has been lodged under section 142
ii: that any application lodged under section 142 the appeal shall be, in all respects, ready for hearing and the Registrar shall arrange a date for the hearing as soon as is practicable. Section 146 amended 2 September 1996 Sale of Liquor Amendment Act 1996
147: Effect of appeal against decision by Licensing Authority to grant licence or manager's certificate
1: No decision of the Licensing Authority to grant an application for a licence or a manager's certificate shall have any effect until the time allowed for filing an appeal has expired if, in respect of the application,—
a: an objection was duly filed and was not withdrawn; or
b: a report was submitted by the Police or an inspector or a member of the fire service or a Medical Officer of Health recommending that the application be refused.
2: Where an appeal is duly filed against a decision of the Licensing Authority to grant an application for a licence or a manager's certificate, and either paragraph (a) or paragraph (b) of subsection (1) applies, that decision shall continue to have no effect pending the final determination of the appeal. Section 147 replaced 2 September 1996 Sale of Liquor Amendment Act 1996
147A: Effect of appeal against other decisions by Licensing Authority
1: Subject to subsections (2) and (3), where an appeal is filed against any decision of the Licensing Authority, other than a decision to which section 147
2: Where an appeal is filed against any decision of the Licensing Authority, other than a decision to which section 147
3: Where the High Court makes an order under subsection (2) in relation to a decision to refuse to renew, to suspend, or to cancel any licence or manager's certificate, the licence or manager's certificate shall, if the appeal is not finally determined on or before the expiry of the licence or certificate by effluxion of time, be deemed to be extended until the final determination of the appeal. Section 147A inserted 2 September 1996 Sale of Liquor Amendment Act 1996
148: No review until right of appeal exercised
No person who has a right of appeal in respect of any decision of the Licensing Authority or of a District Licensing Agency shall be entitled—
a: to make an application for review of that decision under Part 1
b: to institute proceedings seeking any writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in respect of that decision,— unless and until that party exercises that right of appeal and the appeal is finally determined.
149: Appeals to High Court to be heard by Administrative Division
Section 149 repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991
150: Further appeal to Court of Appeal
1: Any party to an appeal under section 139
2: A party desiring to appeal to the Court of Appeal under this section shall, within 15 working days after the determination of the High Court, or within such further time as that court may allow, give notice of the application for leave to appeal in such manner as may be directed by rules of court, and the High Court may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
3: Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 15 working days after the refusal of the High Court or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by rules of court, for special leave to appeal to that court, and the Court of Appeal may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
4: On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.
5: The decision of the Court of Appeal on any appeal under this section shall be final; and the same judgment shall be entered in the High Court, and the same execution and other consequences and proceedings shall follow thereon, as if the decision of the Court of Appeal had been given in the High Court.
6: The decision of the Court of Appeal on any application to that court for leave to appeal shall be final.
8: Offences and enforcement
Unlicensed persons and unlicensed premises
151: Sales by unlicensed person
Every person commits an offence and is liable on conviction $40,000 Section 151 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 151 amended 1 December 1999 section 78 Sale of Liquor Amendment Act 1999
152: Allowing unlicensed premises to be used for sale of liquor
Every person commits an offence and is liable on conviction $40,000 Section 152 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 152 amended 1 December 1999 section 79 Sale of Liquor Amendment Act 1999
153: Use of unlicensed premises as place of resort for consumption of liquor
1: Every person commits an offence and is liable on conviction $20,000
2: Subsection (1) does not apply to the consumption of liquor—
a: by any person on any premises on which that person resides, whether that person is the occupier of the premises or not; or
b: supplied to any person by way of gift by any person who resides on the premises on which the liquor is consumed.
3: For the purposes of subsection (1), any person who acts as, or as if he or she were, an occupier or a person having any part in the care, management, or control of any premises shall be deemed to be an occupier of the premises, but without affecting the liability of any other person.
4: For the purposes of subsection (1), premises may be deemed to be kept or used as a place of resort for the consumption of liquor even though they are open only for the use of particular persons or particular classes of persons, and not to all persons who wish to use them. Section 153(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 153(1) amended 1 December 1999 section 80 Sale of Liquor Amendment Act 1999
154: Persons found on unlicensed premises kept as place of resort for consumption of liquor
1: Every person commits an offence and is liable on conviction $2,000 constable section 153
2: It is a defence to a charge under subsection (1) if the defendant satisfies the court that he or she—
a: was present on the premises for a lawful purpose; and
b: neither took part nor intended to take part in any unlawful sale, supply, or consumption of liquor. Section 154(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 154(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 154(1) amended 1 December 1999 section 81 Sale of Liquor Amendment Act 1999 Excessive consumption of alcohol Heading inserted 1 December 1999 section 82 Sale of Liquor Amendment Act 1999
154A: Promotion of excessive consumption of alcohol
Every person commits an offence and is liable on conviction Section 154A inserted 1 December 1999 section 82 Sale of Liquor Amendment Act 1999 Section 154A amended 1 July 2013 section 413 Criminal Procedure Act 2011 Minors
155: Sale or supply of liquor to minors
1: Every person commits an offence and is liable on conviction the penalty set out in subsection (2A) 18
2: Every person commits an offence and is liable on conviction the penalty set out in subsection (2A) 18
2A: The penalty is,—
a: in the case of a licensee,—
i: a fine not exceeding $10,000; or
ii: the suspension of the licensee's licence for a period not exceeding 7 days; or
iii: both:
b: in the case of a manager, a fine not exceeding $10,000:
c: in the case of a person (not being a licensee or manager), a fine not exceeding $2,000.
3: Subsection (2) applies irrespective of any liability that may attach to the licensee or any manager in respect of the same offence.
4: It is a defence to a charge under subsection (1) or subsection (2) if the defendant proves that the person who sold or supplied the liquor believed on reasonable grounds that the person to whom it was sold or supplied had attained the age of 18
4A: Without limiting subsection (4), reasonable grounds exist for the purposes of that subsection if the defendant proves that the person who sold or supplied the liquor had, before or at the time of sale or supply, sighted an evidence of age document of the person whose age is material to the offence, indicating that that person was of or over the age of 18 years.
5: No person shall be guilty of an offence against subsection (1) or subsection (2) by selling or supplying liquor to any person who then supplies it to another person who is under the age of 18 Section 155(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 155(1) amended 1 December 1999 section 83(1) Sale of Liquor Amendment Act 1999 Section 155(1) amended 1 December 1999 section 83(2) Sale of Liquor Amendment Act 1999 Section 155(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 155(2) amended 1 December 1999 section 83(1) Sale of Liquor Amendment Act 1999 Section 155(2) amended 1 December 1999 section 83(3) Sale of Liquor Amendment Act 1999 Section 155(2A) inserted 1 December 1999 section 83(4) Sale of Liquor Amendment Act 1999 Section 155(4) amended 1 December 1999 section 83(1) Sale of Liquor Amendment Act 1999 Section 155(4A) inserted 1 December 1999 section 83(5) Sale of Liquor Amendment Act 1999 Section 155(5) amended 1 December 1999 section 83(1) Sale of Liquor Amendment Act 1999
156: Exemptions in respect of restricted areas
Section 156 repealed 1 December 1999 section 84 Sale of Liquor Amendment Act 1999
157: Exemptions in respect of other parts of licensed premises
Subsections (1) and (2) of section 155
a: the person is accompanied by the person's parent or guardian; and
b: the liquor is supplied to the person by the person's parent or guardian. Section 157 replaced 1 December 1999 section 85 Sale of Liquor Amendment Act 1999
158: Further exemptions in respect of supervised areas
Section 158 repealed 1 December 1999 section 86 Sale of Liquor Amendment Act 1999
159: Further exemptions in respect of licensee's or manager's family or lodger's spouse
Section 159 repealed 1 December 1999 section 87 Sale of Liquor Amendment Act 1999
160: Purchasing liquor for minors
1: Every person commits an offence and is liable on conviction $2,000 18
2: Subsection (1) applies irrespective of any liability that may attach to the licensee or any manager or other person in respect of the sale or supply of the liquor.
3: Subsection (1) does not apply to a person who purchases or acquires any liquor with the intention of supplying it to—
a:
b: any child of whom that person is a parent or guardian; or
c:
d: any other person who is attending a private social gathering.
4: No person shall be guilty of an offence against subsection (1) by purchasing or acquiring any liquor for any other person who then supplies it to a third person who is under the age of 18 Section 160(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 160(1) amended 1 December 1999 section 88(1) Sale of Liquor Amendment Act 1999 Section 160(1) amended 1 December 1999 section 88(2) Sale of Liquor Amendment Act 1999 Section 160(3)(a) repealed 1 December 1999 section 88(3) Sale of Liquor Amendment Act 1999 Section 160(3)(c) repealed 1 December 1999 section 88(3) Sale of Liquor Amendment Act 1999 Section 160(4) amended 1 December 1999 section 88(4) Sale of Liquor Amendment Act 1999
161: Employment of minors
1:
2: Every person commits an offence and is liable on conviction $2,000 18
3: Subsection (2) does not apply to the employment in a restricted area of any person—
a: for the purpose of—
i: preparing or serving any meal; or
ii: cleaning, repairing, maintaining, altering, or restocking the area or any equipment in the area; or
iii: removing or replacing any such equipment; or
iv: stocktaking; or
v: checking or removing cash.
b: Section 161(1) repealed 12 December 1989 Sale of Liquor Amendment Act (No 2) 1989 Section 161(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 161(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 161(2) amended 1 December 1999 section 89(1) Sale of Liquor Amendment Act 1999 Section 161(2) amended 1 December 1999 section 89(2) Sale of Liquor Amendment Act 1999 Section 161(3)(b) repealed 1 December 1999 section 89(3) Sale of Liquor Amendment Act 1999
162: Purchasing of liquor by minors
1: Every person commits an offence and is liable to a fine not exceeding $2,000 18
2:
3:
4:
5: Subsection (1) does not apply to a person who purchases liquor on or from licensed premises at the request of a constable Section 162(1) amended 1 December 1999 section 90(1) Sale of Liquor Amendment Act 1999 Section 162(1) amended 1 December 1999 section 90(2) Sale of Liquor Amendment Act 1999 Section 162(2) repealed 1 December 1999 section 90(3) Sale of Liquor Amendment Act 1999 Section 162(3) repealed 1 December 1999 section 90(3) Sale of Liquor Amendment Act 1999 Section 162(4) repealed 1 December 1999 section 90(3) Sale of Liquor Amendment Act 1999 Section 162(5) inserted 6 April 2004 section 25 Sale of Liquor Amendment Act 2004 Section 162(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
162A: Infringement offences
In sections 162B to 162D infringement fee infringement offence section 162 section 163 Section 162A inserted 1 December 1999 section 91 Sale of Liquor Amendment Act 1999
162B: Commission of infringement offence
Where any person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided for in section 162C Section 162B inserted 1 December 1999 section 91 Sale of Liquor Amendment Act 1999 Section 162B(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
162C: Infringement notices
1: Where a constable
2: Any constable constable
3: Every infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: such other particulars as are prescribed.
4: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 Section 162C inserted 1 December 1999 section 91 Sale of Liquor Amendment Act 1999 Section 162C(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 162C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 162C(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
162D: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account Section 162D inserted 1 December 1999 section 91 Sale of Liquor Amendment Act 1999 Section 162D amended 25 January 2005 section 65R(3) Public Finance Act 1989
163: Minors in restricted areas or supervised areas
1: Every person commits an offence and is liable on conviction
2: Every person commits an offence and is liable on conviction
3: Subsections (1) and (2) do not apply to any person—
a: who is an employee or agent of the licensee, or a person acting under any contract with the licensee or a manager, and who is in the restricted area or supervised area for the purpose of—
i: cleaning, repairing, maintaining, altering, or restocking the area or any equipment in the area; or
ii: removing or replacing any such equipment; or
iii: stocktaking; or
iv: checking or removing cash; or
b: who is in the restricted area or supervised area for the purpose of preparing or serving any meal; or
c:
d: who is in the supervised area for the purpose of selling or supplying liquor.
4: Subsections (1) and (2) do not apply to a person who is in a restricted area or supervised area on licensed premises at the request of a constable Section 163(1) replaced 1 December 1999 section 92(1) Sale of Liquor Amendment Act 1999 Section 163(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 163(2) replaced 1 December 1999 section 92(1) Sale of Liquor Amendment Act 1999 Section 163(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 163(3)(c) repealed 1 December 1999 section 92(2) Sale of Liquor Amendment Act 1999 Section 163(3)(d) inserted 1 December 1999 section 92(3) Sale of Liquor Amendment Act 1999 Section 163(4) inserted 6 April 2004 section 26 Sale of Liquor Amendment Act 2004 Section 163(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
164: Permitting minors to be in restricted areas or supervised areas
1: Every person commits an offence and is liable on conviction $2,000 18 section 163
2: It is a defence to a charge under subsection (1) if the defendant proves that he or she believed on reasonable grounds that the person to whom the charge relates had attained the age of 18
2A: Without limiting subsection (2), reasonable grounds exist for the purposes of that subsection if the defendant proves that he or she had sighted an evidence of age document of the person whose age is material to the offence, indicating that that person was of or over the age of 18 years.
3: It is a defence to a charge under subsection (1) if the defendant satisfies the court that, as soon as the defendant or any employee of the licensee became aware of the situation, reasonable steps were taken to remove each person concerned from the restricted area or supervised area. Section 164(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 164(1) amended 1 December 1999 section 93(1) Sale of Liquor Amendment Act 1999 Section 164(1) amended 1 December 1999 section 93(2) Sale of Liquor Amendment Act 1999 Section 164(2) amended 1 December 1999 section 93(3) Sale of Liquor Amendment Act 1999 Section 164(2A) inserted 1 December 1999 section 93(4) Sale of Liquor Amendment Act 1999 Other offences on licensed premises
165: Unauthorised sale or supply
1: Every person commits an offence and is liable on conviction the penalty set out in subsection (2)
2: The penalty is,—
a: in the case of a licensee,—
i: a fine not exceeding $20,000; or
ii: the suspension of the licensee's licence for a period not exceeding 7 days; or
iii: both:
b: in the case of a manager, a fine not exceeding $20,000. Section 165(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 165(1) amended 1 December 1999 section 94(1) Sale of Liquor Amendment Act 1999 Section 165(2) inserted 1 December 1999 section 94(2) Sale of Liquor Amendment Act 1999
166: Sale or supply of liquor to intoxicated person
1: Every person commits an offence and is liable on conviction the penalty set out in subsection (4)
2: Every person commits an offence and is liable on conviction the penalty set out in subsection (4)
3: Subsection (2) applies irrespective of any liability that may attach to the licensee or any manager in respect of the same offence.
4: The penalty is,—
a: in the case of a licensee,—
i: a fine not exceeding $10,000; or
ii: the suspension of the licensee's licence for a period not exceeding 7 days; or
iii: both:
b: in the case of a manager, a fine not exceeding $10,000:
c: in the case of a person (not being a licensee or manager), a fine not exceeding $2,000. Section 166(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 166(1) amended 1 December 1999 section 95(1) Sale of Liquor Amendment Act 1999 Section 166(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 166(2) amended 1 December 1999 section 95(2) Sale of Liquor Amendment Act 1999 Section 166(4) inserted 1 December 1999 section 95(3) Sale of Liquor Amendment Act 1999
167: Allowing person to become intoxicated
1: Every person commits an offence and is liable on conviction the penalty set out in subsection (2)
2: The penalty is,—
a: in the case of a licensee,—
i: a fine not exceeding $10,000; or
ii: the suspension of the licensee's licence for a period not exceeding 7 days; or
iii: both:
b: in the case of a manager, a fine not exceeding $10,000. Section 167(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 167(1) amended 1 December 1999 section 96(1) Sale of Liquor Amendment Act 1999 Section 167(2) inserted 1 December 1999 section 96(2) Sale of Liquor Amendment Act 1999
168: Allowing drunkenness or disorderly conduct on licensed premises
1: Every person commits an offence and is liable on conviction $4,000
a: allows any intoxicated person to be or to remain on the licensed premises; or
b: allows any violent, quarrelsome, insulting, or disorderly conduct to take place on the licensed premises.
2: It is a defence to a charge under subsection (1) if the defendant satisfies the court that, as soon as the defendant or any employee of the licensee became aware of the situation, reasonable steps were taken in respect of each person concerned, either to take that person to a place of safety on the licensed premises or to remove that person from the licensed premises. Section 168(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 168(1) amended 1 December 1999 section 97 Sale of Liquor Amendment Act 1999
169: Sales of spirits otherwise than in a glass
1: Every person commits an offence and is liable on conviction $2,000
2: Subsection (1) does not apply to the sale or supply of any spirits to a person who is a lodger on the licensed premises for consumption in that part of the licensed premises in which that person lodges. Section 169(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 169(1) amended 1 December 1999 section 98 Sale of Liquor Amendment Act 1999
170: Being on licensed premises outside licensing hours
1: Every person commits an offence and is liable on conviction $2,000
a: at any time later than 30 minutes after the premises are required to close for the sale of liquor; or
b: at any other time when the premises are required to be closed for the sale of liquor.
2: Subsection (1) does not apply to—
a: the licensee or a manager, or the spouse , civil union partner, or de facto partner
b: any person who is lodging on the premises or a bona fide guest of any such lodger; or
c: any employee of the licensee who is residing on the premises; or
d: any other employee of the licensee, or any agent of the licensee, or any person acting under any contract with the licensee or manager, who with the authority of the licensee or manager is on the premises for the purpose of—
i: cleaning, repairing, maintaining, altering, or restocking the premises or any equipment in the premises; or
ii: removing or replacing any such equipment; or
iii: stocktaking; or
iv: checking or removing cash; or
e: any employee of the licensee not living on the premises at any time while he or she is employed on the premises or at any time not later than 1 hour after such employment has ceased for the day.
3: Subsection (1) does not apply in respect of any person who is found on any premises in respect of which an on-licence is in force if—
a: a special licence is also in force in respect of those premises at the material time; and
b: that person's presence on the premises at that time is justified in terms of the special licence. Section 170(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 170(1) amended 1 December 1999 section 99(1) Sale of Liquor Amendment Act 1999 Section 170(2)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 170(2)(d)(iv) replaced 1 December 1999 section 99(2) Sale of Liquor Amendment Act 1999 Section 170(2)(e) inserted 1 December 1999 section 99(2) Sale of Liquor Amendment Act 1999
171: Allowing person on licensed premises outside licensing hours
Every person commits an offence and is liable on conviction $10,000 section 170 Section 171 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 171 amended 1 December 1999 section 100 Sale of Liquor Amendment Act 1999
172: Making false representation to licensees, etc
1: Every person commits an offence and is liable on conviction $2,000
2: Every person commits an offence and is liable on conviction $1,000 Section 172(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 172(1) amended 1 December 1999 section 101(1) Sale of Liquor Amendment Act 1999 Section 172(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 172(2) amended 1 December 1999 section 101(2) Sale of Liquor Amendment Act 1999
172A: Licensee's offences in respect of manager
Every person commits an offence and is liable on conviction
a: appoint a manager as required by any of sections 26 49 71 84
b: ensure that section 115
c: comply with section 130 Section 172A inserted 1 December 1999 section 102 Sale of Liquor Amendment Act 1999 Section 172A amended 1 July 2013 section 413 Criminal Procedure Act 2011 Closure of premises
173: Closure of licensed premises in case of riot
1: Where a riot occurs, or there is reasonable ground for believing that a riot may occur, in any place, any District Court Judge or any 2 or more Justices or any 1 or more Community Magistrates constable
2: Any constable
3: No order made under this section shall have any effect beyond the expiry of the day on which it is made.
4: Every person commits an offence and is liable on conviction $10,000
5: Every person commits an offence and is liable on conviction $2,000 Section 173(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 173(1) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 173(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 173(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 173(4) amended 1 December 1999 section 103(1) Sale of Liquor Amendment Act 1999 Section 173(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 173(5) amended 1 December 1999 section 103(2) Sale of Liquor Amendment Act 1999
174: Closure of premises in case of fighting, etc
1: Where fighting or serious disorder breaks out, or there is reasonable ground for believing that fighting or serious disorder is about to break out, on any licensed premises, any constable
2: Any constable
3: As soon as any order has been given under this section, the licensee or a manager may apply to any District Court Judge or any 2 or more Justices or any 1 or more Community Magistrates
4: The Judge or the Justices or the Community Magistrate or Community Magistrates—
a: may revoke the order either unconditionally or subject to such conditions as the Judge or the Justices or the Community Magistrate or Community Magistrates may think fit to impose; or
b: may refuse to revoke the order.
5: No order made under this section shall have any effect beyond the expiry of the day on which it is made.
6: Every person commits an offence and is liable on conviction $10,000
7: Every person commits an offence and is liable on conviction $2,000 Section 174(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 174(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 174(3) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 174(4) replaced 30 June 1998 section 7 District Courts Amendment Act 1998 Section 174(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 174(6) amended 1 December 1999 section 104(1) Sale of Liquor Amendment Act 1999 Section 174(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 174(7) amended 1 December 1999 section 104(2) Sale of Liquor Amendment Act 1999 Further powers of Police
175: Powers of entry on licensed premises
1: Any constable
2: Any constable constable
3: For the purposes of exercising the power conferred by this section, a constable
a: require the production of any licence, or any book, notice, record, list, or other document that is required by this Act to be kept, and examine and make copies of it; and
b: require the licensee or manager to provide any information or assistance reasonably required by the constable
4: Every person commits an offence and is liable on conviction $2,000
a: refuses or fails to admit to any licensed premises any constable
b: delays unreasonably in admitting to any licensed premises any constable
5: Every person commits an offence and is liable on conviction $2,000
a: to produce the licence or any document when required to do so under paragraph (a) of subsection (3); or
b: to provide any assistance or information when required to do so under paragraph (b) of that subsection. Section 175(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 175(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 175(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 175(3)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 175(4) replaced 2 September 1996 Sale of Liquor Amendment Act 1996 Section 175(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 175(4) amended 1 December 1999 section 105(1) Sale of Liquor Amendment Act 1999 Section 175(4)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 175(4)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 175(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 175(5) amended 1 December 1999 section 105(2) Sale of Liquor Amendment Act 1999
176: Power of Police to demand information
1: Any constable
a: the name and address of that person; and
b: the date of birth of that person, where that person's age is or may be material to the suspected offence.
2: If the constable
3: If any person, without reasonable excuse, refuses or fails to supply any particulars or evidence when required to do so by any constable constable constable
4: Every person commits an offence and is liable on conviction $1,000 constable
a: refuses or fails to supply the particulars or evidence; or
b: supplies any particulars or evidence knowing that the particulars or evidence are false in a material respect. Section 176(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 176(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 176(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 176(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 176(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 176(4) amended 1 December 1999 section 106 Sale of Liquor Amendment Act 1999
177: Search warrant
1: If an issuing officer (within the meaning of section 3 subpart 3
a: any liquor is being sold, or exposed or kept for sale, on any premises or conveyance in which that liquor may not lawfully be sold or exposed or kept for sale; or
b: any premises or conveyance are or is being kept or used as a place of resort for the consumption of liquor in contravention of this Act,— the issuing officer
2: The provisions of Part 4
3:
4:
5:
6:
7:
8:
9: Section 177(1) amended 1 October 2012 section 301(2)(a) Search and Surveillance Act 2012 Section 177(1) amended 1 October 2012 section 301(2)(b) Search and Surveillance Act 2012 Section 177(2) replaced 1 October 2012 section 301(3) Search and Surveillance Act 2012 Section 177(3) repealed 1 October 2012 section 301(3) Search and Surveillance Act 2012 Section 177(4) repealed 1 October 2012 section 301(3) Search and Surveillance Act 2012 Section 177(5) repealed 1 October 2012 section 301(3) Search and Surveillance Act 2012 Section 177(6) repealed 1 October 2012 section 301(3) Search and Surveillance Act 2012 Section 177(7) repealed 1 October 2012 section 301(3) Search and Surveillance Act 2012 Section 177(8) repealed 1 October 2012 section 301(3) Search and Surveillance Act 2012 Section 177(9) repealed 1 October 2012 section 301(3) Search and Surveillance Act 2012
177A: Power of Police to seize samples of liquor
Any constable section 175 Section 177A inserted 1 April 2000 section 107 Sale of Liquor Amendment Act 1999 Section 177A amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Matters of evidence
178: Matters of proof relating to status of premises or conveyance
1: In any proceedings for an offence against any of the provisions of this Act in relation to anything done or omitted to be done on any licensed premises, it shall not be necessary for the prosecution to prove that the premises or conveyance to which the charge relates are, or were at any material time, licensed premises, unless at least 3 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution.
2: In any proceedings for an offence against any of the provisions of this Act in relation to the sale of any liquor, or the keeping or exposing of any liquor for sale, on any unlicensed premises, it shall not be necessary for the prosecution to prove that the premises or conveyance are, or were at any material time, unlicensed, unless at least 3 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution.
179: Matters of proof relating to content of liquor
In any proceedings for an offence against any of the provisions of this Act in relation to any spirits, wine, ale, beer, porter, honeymead, stout, cider, perry, or other fermented, distilled, or spirituous liquor it shall not be necessary for the prosecution to prove that it contains 1.15% or more alcohol by volume unless at least 20 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution.
180: Evidence of sale or consumption of liquor
1: In any proceedings for an offence against any of the provisions of this Act in relation to the sale or consumption of liquor on any licensed premises or unlicensed premises or conveyance, it shall not be necessary for the prosecution to prove that any money passed or any liquor was actually consumed, if the court is satisfied that a transaction in the nature of a sale actually took place or that any consumption of liquor was about to take place.
2: In any proceedings for an offence against any of the provisions of this Act in relation to the sale of liquor on any licensed premises, proof of consumption or intended consumption of liquor on the licensed premises, or of the carrying away of liquor from the licensed premises, by some person other than the occupier of the licensed premises or any person employed on them shall be evidence that the liquor was sold to that person by or on behalf of the licensee.
3: In any proceedings for an offence against any of the provisions of sections 155 to 166 170 171 Miscellaneous provisions
181: Liability of licensee for offences by manager
The licensee of any licensed premises shall not be responsible for any offence against this Act committed by any manager of those premises except where the licensee is a party to the offence.
182: Offences to be punishable on summary conviction
Section 182 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
183: Court may order forfeiture in certain cases
On the conviction of any person of an offence against Section 183 amended 1 April 2000 section 108 Sale of Liquor Amendment Act 1999
184: Notice of prosecution or conviction of managers and licensees
1: Any person who files a charging document in respect of an offence against this Act against a manager of any licensed premises must send a copy of the charging document to the licensee.
2: On the conviction of any manager of any licensed premises of an offence against this Act, the Registrar of the court by which the conviction is entered shall send a notice of the conviction, together with any recommendation made by the court in respect of the manager's certificate, to—
a: the licensee; and
b: the Secretary of the Licensing Authority.
3: On the conviction of any licensee of an offence against this Act, the Registrar of the court by which the conviction was entered shall send a notice of the conviction, together with any recommendation made by the court in respect of the licence, to the Secretary of the Licensing Authority. Section 184(1) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
9: Licensing trusts
Constitution
185: Constitution of trusts
1: The Governor-General may, by Order in Council made on the advice of the Minister
2: Without limiting the discretion of the Minister to advise the constitution of a licensing trust in respect of any area, the Minister shall advise the constitution of a licensing trust for any area on the written request of at least 15% of the residents of the area, being persons qualified to vote in local authority elections.
3: By the Order in Council constituting a new licensing trust, the Governor-General may do all or any of the following things:
a: prescribe the name of the licensing trust:
b: define the district of the licensing trust:
c: prescribe the number of members of the licensing trust:
d: prescribe the number of members of the trust to form a quorum at any meeting of the trust:
e: declare the district of the licensing trust to be divided into wards for the purposes of the election of members, and prescribe the names and boundaries of the wards and the number of members for each ward:
f: make such other provision as may be necessary for the constitution of the licensing trust in accordance with this Part. Section 185(1) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
186: Trusts to be bodies corporate
Every licensing trust shall be a body corporate, having perpetual succession and a common seal.
187: Objects of trusts
1: The principal objects of a licensing trust shall be—
a: the sale and supply of liquor; and
b: the establishment and conduct of premises for the sale and supply of liquor, the provision of accommodation for the travelling public, and the sale and supply of food and refreshments; and
c: the conduct of any other business that, in the opinion of the trust, can be carried on conveniently in conjunction with any business described in paragraph (a) or paragraph (b).
2: Subject to subsection (1), every licensing trust shall have—
a: the rights, powers, and privileges of a natural person; and
b: the power—
i: to issue debentures of the trust; and
ii: to grant a floating charge on any undertaking or property of the licensing trust.
188: Trusts liable for taxes
A licensing trust shall be liable to income tax, and to rates, and to all other taxes and duties, as if it were a body corporate formed for private pecuniary gain.
189: Distribution of profits
A licensing trust may expend or distribute the net profits arising from its operations, or so much of those profits as it thinks fit, in such manner as it thinks fit for all or any of the following purposes:
a: the promotion, advancement, or encouragement of education, science, literature, art, physical welfare, and other cultural and recreational purposes:
b: the erection, laying out, maintenance, or repair of any buildings or places intended to further any of the purposes described in paragraph (a):
c: any other philanthropic purposes. Elections
190: Election of members
The members of a licensing trust shall be elected by the residents of the trust district in accordance with sections 191 to 194
191: First election of members
1: The first election of members of a licensing trust constituted under section 185 Gazette
2: The Minister may also appoint a Returning Officer for the purposes of that election, and may do all other things necessary to enable that election to be held.
192: Second and subsequent elections
1: Subject to subsection (2), the second election of members of a licensing trust must be held on the day on which the next but one triennial general election of members of local authorities is held under the Local Electoral Act 2001
2: If, in accordance with subsection (1), the second election would be due within 4 years after the date of the first election, the second election must be held on the day on which the next succeeding triennial general election of members of local authorities is to be held after the one referred to in that subsection.
3: Subsequent elections of the members of the trust must be held on the same days as subsequent triennial general elections of members of local authorities are held. Section 192 replaced 1 July 2003 section 262 Local Government Act 2002
193: Qualification of electors
1: Subject to subsection (2), every person who is qualified as a residential elector
2: Where the trust district is divided into wards, only those residential Section 193(1) amended 1 July 1991 Sale of Liquor Amendment Act 1991 Section 193(2) amended 1 July 1991 Sale of Liquor Amendment Act 1991
194: Conduct of elections
1: Subject to this Part and any regulations made under this Act, every election of the members of a licensing trust must be conducted under the Local Electoral Act 2001
2: If a trust district is situated wholly within the district of any territorial authority, the electoral roll in respect of residential electors for that territorial authority is the roll of electors for elections of members of the licensing trust.
3: In any other case, the electoral rolls in respect of the residential electors for the districts of the territorial authorities that are situated wholly or partly within the trust district, or within any ward of a divided trust district, are the rolls of electors for elections of members of the licensing trust.
4: It is the duty of the electoral officer of each territorial authority within which the trust district is situated, or the electoral officer of the territorial authority situated wholly or partially within the trust district, to indicate on the electoral roll in respect of the residential electors of that territorial authority by appropriate words, abbreviations, or marks, the names of the persons entitled to vote at elections of members of the licensing trust. If the trust is divided into wards the electoral rolls must also show the ward in respect of which every person is entitled to vote. Section 194 replaced 1 July 2001 section 151 Local Electoral Act 2001
195: In default of election Governor-General may appoint members
If on the day appointed for the first or any subsequent election of members of a licensing trust, no persons are duly elected, or the number of persons elected is less than the required number, the Governor-General may appoint as many qualified persons to be members as are required, and every person so appointed shall hold office in all respects as if that person had been duly elected in conformity with this Part. Members
196: President of trust to be elected
1: At the first meeting of a licensing trust after an election of members, the members shall elect one of their number to be the president of the trust.
2: During the election of a president following the first election of members of a licensing trust, the person who acted as returning officer for that election shall chair the meeting.
3: During the election of a president following the second or any subsequent election of members of a licensing trust, the secretary of the licensing trust shall chair the meeting.
4: If the votes for president at any meeting are tied, the person chairing the meeting shall determine the election by lot in the manner directed by the licensing trust.
5: The president shall come into office on election and shall hold office until the election of a successor, but may from time to time be re-elected.
6: The president may resign by writing delivered to the secretary of the licensing trust; and, in any such case or in any case where the president ceases from any cause to be a member of the licensing trust, the office of president shall become vacant, and the secretary shall convene a meeting of the licensing trust for the election of a president.
197: Trust may appoint deputy president
1: A licensing trust may from time to time appoint from among its members a deputy president, who shall act as president of the trust during the temporary absence or incapacity of the president.
2: While so acting, the deputy president may do all acts that the president may do.
3: The fact that the deputy president exercises any power, duty, or function of the president shall be sufficient evidence of his or her authority to do so, and no person shall be concerned to inquire whether or not any occasion requiring or authorising the deputy president to so act has arisen or ceased.
198: Deputies of members
1: In any case where the Minister is satisfied that any member of a licensing trust is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office, the Minister may, on the nomination of the licensing trust or (failing such nomination) at the Minister's discretion, appoint a deputy to act for that member during that member's incapacity, and any such deputy shall, while acting as such, be deemed for all purposes to be a member of the licensing trust.
2: No more than 1 deputy may hold office in respect of a licensing trust at any one time.
3: No appointment of any person as a deputy, and no acts done by that person as such, and no acts done by a licensing trust while any deputy is acting as such, shall be questioned in any proceedings on the ground that the occasion for his or her appointment had not arisen or had ceased.
199: Remuneration of president and other members
1: A licensing trust may pay to the president by way of remuneration a sum not exceeding in any year the amount for the time being fixed by the Minister of Finance after consultation with the Minister
2: A licensing trust may pay to each of its members, other than the president, in respect of each meeting of the trust or of any committee of the trust attended by that member, a sum not exceeding the amount prescribed for each such meeting, but no more than the aggregate amount prescribed in respect of any financial year.
3: A licensing trust shall pay to the president and to each of its members travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 Section 199 amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Disqualification and vacancies
200: Disqualification of members of trust
1: The following persons shall be incapable of being elected or appointed to be or of being members of a licensing trust:
a: a person who is not a residential elector of the trust district or, in the case of the election or appointment of any member for a ward of a divided trust district, is not a residential elector entitled to vote at elections of members for that ward:
b:
c: a person who carries on the business of a brewer, wine or spirit merchant, maltster, or distiller, or of an importer for sale of or a dealer in fermented or spirituous liquors, or who is in partnership with any person carrying on any such business, or who is a member or employee or the husband or wife , civil union partner, or de facto partner
d: a person who is the owner of an estate in fee simple or any less estate in any licensed premises, or who is a member or employee or the husband or wife or de facto partner (whether of the same or different sex)
e: a person who is subject to a property order made under section 30 31
f: a bankrupt who has not obtained an order of discharge, or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled:
g: a person who is convicted of an offence punishable by imprisonment for a term of 2 years or more, unless (in the case of a person seeking election) that person has obtained a pardon or has served the sentence or otherwise suffered the sentence imposed on that person:
h: a person who is convicted of any offence punishable by imprisonment for a term of less than 2 years and is sentenced to imprisonment for that offence, unless (in the case of a person seeking election) that person has obtained a pardon or has served the sentence.
1A: For the purposes of subsection (1)(d), an incorporated company
2: In any case to which subsection (1)(g) applies,—
a: the disqualification shall not take effect until the expiration of the time for appealing against the conviction and, in the event of an appeal against conviction, until the appeal is determined; and
b: the member concerned shall be deemed to have been granted leave of absence until the expiration of that time, and shall not be capable of acting as a member during the period of that leave of absence.
3: In any case to which subsection (1)(h) applies,—
a: the disqualification shall not take effect until the expiration of the time for appealing against the conviction or the sentence and, in the event of an appeal against the conviction or against the sentence or both, until the appeal is determined; and
b: the member concerned shall be deemed to have been granted leave of absence until the expiration of that time, and shall not be capable of acting as a member during the period of that leave of absence.
4: Every person commits an offence and is liable on conviction
a: where the incapacity arises under paragraph (e) of that subsection; or
b: while on leave of absence pursuant to paragraph (g) or paragraph (h) of that subsection. Section 200(1)(a) replaced 1 July 1991 Sale of Liquor Amendment Act 1991 Section 200(1)(b) repealed 1 July 2001 section 151 Local Electoral Act 2001 Section 200(1)(c) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 200(1)(d) amended 1 January 2002 section 68 Human Rights Amendment Act 2001 Section 200(1)(e) replaced 10 September 2008 section 17(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 200(1A) inserted 1 July 1994 section 3(1) Sale of Liquor Amendment Act 1994 Section 200(1A) amended 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 200(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
201: Vacation of office by members
1: The office of a member of a licensing trust shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy, if the member—
a: dies; or
b: resigns from office by written notice delivered to the secretary or president of the trust, or is ousted of office; or
c: is absent without the leave of the trust from 4 consecutive meetings of the trust; or
d: becomes incapable of continuing to hold office under section 200
2: If a property order is made in respect of a member under section 30
a: subsection (1)(d) does not apply to the member by virtue only of the making of that order; but
b: while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member of the licensing trust during that period. Section 201(2) inserted 10 September 2008 section 17(3) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008
202: Filling of extraordinary vacancies
1: In the event of an extraordinary vacancy in the office of an elected member of a licensing trust occurring within 12 months of the date fixed for the next triennial election of members, the trust may by resolution determine—
a: that the vacancy shall be filled by election in the manner prescribed by the provisions in that behalf of the Local Electoral Act 2001
b: that the vacancy shall not be filled until the next triennial election of members is held; or
c: that the vacancy shall be filled by appointment by the trust of a person qualified to be elected as a member.
2: Every resolution of a licensing trust under this section shall have effect according to its tenor notwithstanding anything to the contrary in the Local Electoral Act 2001
3: Every person appointed by a licensing trust under this section shall for all purposes be deemed to have been elected to fill the vacancy.
4: Section 117
5: Any member elected or appointed to fill any extraordinary vacancy shall hold office only for the unexpired portion of the term of office of that member's predecessor. Section 202(1)(a) amended 1 July 2001 section 151 Local Electoral Act 2001 Section 202(2) amended 1 July 2001 section 151 Local Electoral Act 2001 Section 202(4) amended 1 July 2001 section 151 Local Electoral Act 2001
203: Ouster of office
1: Upon proof in the first instance by affidavit or otherwise that any member of a licensing trust is or has become incapable under this Act or any other Act of holding office, any District Court in the trust district may grant a summons calling upon the person holding such office to show cause why he or she should not be adjudged to be ousted of that office.
2: If on the return of the summons it appears to the court, on affidavit or oral evidence on oath, that the person is incapable under this Act or any other Act of holding the office, the court may adjudge that person to be ousted of that office, and that person shall be ousted of that office accordingly.
3: In any proceedings under this section, the District Court may exercise all the powers and authorities that it may exercise in its ordinary jurisdiction in civil cases; and the procedure of the court shall, so far as applicable, apply generally to proceedings under this section.
4: No matter in relation to a disputed election shall be heard by the District Court under this section.
5: No question that may be tried under this section shall be tried in the High Court; and no proceedings in the District Court under this section shall be removable into the High Court by certiorari or otherwise. Conduct of business
204: Meetings of trust
1: The first meeting of a licensing trust established under section 185
2: Thereafter meetings of the licensing trust shall be held at such places and times as the licensing trust shall determine.
3: The president shall chair all meetings of the licensing trust at which the president is present.
4: All questions before a meeting shall be determined by a majority of the valid votes recorded on the question.
5: The person chairing the meeting shall have a deliberative vote and, in the event of a tied vote, shall also have a casting vote.
205: Trusts may determine own procedure
Subject to this Part and to any regulations made under this Act, and subject to the Local Government Official Information and Meetings Act 1987
206: Books of account
A licensing trust shall cause books to be provided and kept, and true and regular accounts to be entered in the books of all sums of money received and paid, and of the several purposes for which sums of money have been received and paid.
207: Yearly balance sheet and statements
1: On or before 30 June in each year, a licensing trust must prepare—
a: a yearly balance sheet and a profit and loss account; and
b: such other statements of account as may be necessary to show fully the financial position of the licensing trust and the financial results of its operations; and
c: a statement showing—
i: the sum paid to the president of the licensing trust by way of remuneration; and
ii: the total fees and expenses paid to the members of the licensing trust: and
iii: the number of employees and former employees of the licensing trust who received remuneration and any other benefits in their capacity as employees of the licensing trust, the value of which was or exceeded $100,000 per annum, and showing the number of employees in brackets of $10,000.
1A: The balance sheet, profit and loss account, and statements must—
a: be prepared in accordance with generally accepted accounting practice; and
b: relate to the financial year ended on 31 March preceding the date by which they must be prepared.
2: Every licensing trust is a public entity as defined in section 4
3: The yearly balance sheet, profit and loss account, and statements, when duly audited, shall be open for public inspection.
4: A licensing trust shall, at least once in each year, publish in a newspaper or newspapers circulating in the trust district a summary of the audited accounts, together with a list of all the grants made during the financial year pursuant to section 189 Section 207(1) replaced 1 April 2005 section 5 Sale of Liquor Amendment Act 2004 Section 207(1A) inserted 1 April 2005 section 5 Sale of Liquor Amendment Act 2004 Section 207(2) replaced 1 July 2001 section 53 Public Audit Act 2001
207A: Annual meeting of electors
1: A licensing trust must call a meeting of electors to be held in each calendar year, beginning in the year 2004.
2: A meeting of electors must be held after, but not later than 2 months after, the yearly balance sheet, profit and loss account, and statements have been audited under section 207
3: Not less than 10 working days' public notice of a meeting of electors must be given to electors.
4: At a meeting of electors the president and members of the licensing trust must—
a: report to the electors on the licensing trust's operations in the most recent completed financial year; and
b: provide a reasonable opportunity for electors at the meeting to ask questions about, and to discuss or comment on, those operations. Section 207A inserted 6 April 2004 section 6 Sale of Liquor Amendment Act 2004
208: Power to compromise with creditors
A licensing trust has the power to enter into any compromise or arrangement with its creditors as if it were a company incorporated under the Companies Act 1993 Section 208 replaced 1 July 1994 section 2 Sale of Liquor Amendment Act 1993 Variation, amalgamation, and winding up
209: Variation of constitution of trust
The Governor-General may from time to time, by Order in Council made on the advice of the Minister
a: vary the number of members:
b: vary the number of members to form a quorum at any meeting of the trust:
c: divide the trust district into wards for the purpose of the election of members:
d: prescribe the names and boundaries of each ward, and the number of members for each ward:
e: alter the boundaries of any ward, or wholly redivide the district into wards:
f: rename any ward:
g: alter the number of members for any ward:
h: abolish all wards of the district. Section 209 amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
210: Election of members on creation or alteration of wards
1: Where—
a: an undivided trust district is divided into wards; or
b: a trust district divided into wards is wholly redivided; or
c: the wards of a divided trust district are abolished,— there shall be a general election of all the members of the trust on a day to be appointed by the Minister by notice in the Gazette
2: Where, in any case to which subsection (1) does not apply, the number of members for any ward of a divided trust district is altered, the alteration shall not take effect until the next general election of members of the licensing trust, except to such extent as may be necessary for providing for the holding of that election.
3: The Governor-General may at any time, by Order in Council, prescribe the terms of office of all or any of the members elected for that ward at that election.
211: Amalgamation of trusts
1: Any 2 or more licensing trusts may be amalgamated into 1 new trust in accordance with this section.
2: Each trust shall give public notice of the proposal.
3: If, within 20 working days after the first publication of the notice, at least 50 electors of any licensing trust concerned give written notice to the trust that they require a public meeting to be called to discuss the proposal, the licensing trust shall arrange and hold such a meeting accordingly.
4: If, within 40 working days after the first publication of the notice, at least 15% of the electors of any licensing trust concerned give written notice to the trust that they require a poll of electors to be held on the amalgamation proposal, the trust shall arrange for such a poll to be held in accordance with regulations made under this Act.
5: On any such poll, the amalgamation proposal shall be deemed to be carried if the number of valid votes recorded in favour of the proposal exceeds the number of valid votes recorded against it.
6: If no such poll is required or such a poll is required and the amalgamation proposal is carried, and the trusts decide to proceed with the proposal, they shall submit it, together with a copy of the latest audited accounts of each trust, to the Minister
7: The Governor-General may, by Order in Council made on the advice of the Minister tendered at the request of each of the licensing trusts concerned, amalgamate 2 or more licensing trusts into 1 new licensing trust, and define the district of that new trust.
8: As from a date to be specified in the order, being not less than 14 days after the date of the making of the order, the following provisions shall apply:
a: the original trusts shall be dissolved:
b: all real and personal property, including all licences under this Act, belonging to each of the original trusts shall be vested in the new trust:
c: all money payable to the original trusts shall be payable to the new trust:
d: all liabilities, contracts, and engagements, and all rights and authorities of any nature whatever, of the original trusts shall be liabilities, contracts, engagements, rights, and authorities of the new trust:
e: all proceedings by or against the original trusts may be carried on or prosecuted by or against the new trust. Section 211(6) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
212: Liquidation
Parts 16 17 Section 212 replaced 1 July 1994 section 4 Sale of Liquor Amendment Act 1993
213: Distribution of assets where trust put into liquidation
Where the High Court puts a licensing trust into liquidation, any net surplus, whether or not in money, shall be distributed to each local authority whose district is included wholly or partly within the trust district; and, where 2 or more such local authorities qualify, the court shall determine the shares in proportion to the number of residents of each local authority's district who are electors of the licensing trust. Section 213 replaced 1 July 1994 section 4 Sale of Liquor Amendment Act 1993 Special provisions relating to existing district and suburban trusts
214: Application of sections 215 and 216
Sections 215 216
a: each of the licensing trusts named in Part 1
b: any licensing trust constituted following a poll held under any of sections 249 to 253
215: Poll may be held on competition proposal
1: In respect of any licensing trust to which this section applies, a poll of electors residing in the trust district may be held, in accordance with regulations made under this Act, on the competition proposal.
2: For the purposes of this section, the competition proposal means that the trust would give up its present exclusive right to hold on-licences in respect of hotels and taverns, and off-licences in respect of any premises other than certain club premises and premises on which wine is sold or any kind of liquor is made, within the trust district, and, in return for giving up that right, would gain the right to carry on any business (within its objects) outside as well as within the district.
3: Subject to the succeeding provisions of this section, a poll shall be held under this section if—
a: the licensing trust so resolves; or
b: at least 15% of the electors of the trust so request in writing.
4: The competition proposal shall be deemed to be carried if the number of valid votes recorded for that proposal exceeds the number of valid votes recorded against it.
5: If the competition proposal is not carried, no further poll shall be held under this section in respect of that licensing trust until the expiry of a period of 3 years.
216: Provisions applying until competition proposal carried
Unless and until the competition proposal is carried in respect of any licensing trust to which this section applies, the following provisions shall apply notwithstanding any of the other provisions of this Act:
a: no on-licence shall be granted to any person other than the licensing trust in respect of any hotel or tavern in the trust district:
b: no off-licence shall be granted in respect of any premises in the trust district, except—
i: to the licensing trust or a club; or
ii: in respect of any premises on which any kind of liquor is made:
iii: in respect of any premises on which, immediately before the commencement of this Act, business was conducted pursuant to a wine reseller's licence, in which case the licence shall be granted subject to a condition that no liquor shall be sold or delivered pursuant to the licence of a kind that could not be sold or delivered pursuant to that wine reseller's licence:
c: no licence shall be granted in respect of any premises outside the trust district, or in respect of any conveyance operated in whole or in part outside the trust district, to—
i: the licensing trust; or
ii: any person on behalf of the licensing trust or in respect of any premises or conveyance in which the licensing trust has any estate or interest; or
iii:
iiia: any company registered under the Companies Act 1993
iiib: any company in which the licensing trust has the power to appoint any director; or
iv: any trustee or trustees of a trust in respect of which the licensing trust has the power to appoint any trustee; or
v: any other person, company, or trustee, if the Licensing Authority or (in the case of a special licence) the District Licensing Agency is satisfied that the application by that person, company, or trustees is made pursuant to an arrangement designed to enable the trust to evade the prohibitions set out in the preceding subparagraphs of this paragraph:
d: the licensing trust shall not expend or distribute any of its net profits under section 189 Section 216(c)(iii) repealed 5 December 2013 section 14 Companies Amendment Act 2013 Section 216(c)(iiia) inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 216(c)(iiib) inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Special provisions relating to other trusts Heading repealed 6 April 2004 section 7(1) Sale of Liquor Amendment Act 2004
217: Application of sections 218 and 219
Section 217 repealed 6 April 2004 section 7(1) Sale of Liquor Amendment Act 2004
218: Poll may be held on expansion proposal
Section 218 repealed 6 April 2004 section 7(1) Sale of Liquor Amendment Act 2004
219: Provisions applying until expansion proposal carried
Section 219 repealed 6 April 2004 section 7(1) Sale of Liquor Amendment Act 2004
9A: Community trusts
Part 9A inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004 Reconstitution of licensing trust as community trust Heading inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219A: Licensing trust members may resolve to reconstitute trust as community trust
1: The members of a licensing trust may pass a resolution that the trust be reconstituted as a community trust.
2: A resolution must not be passed within 12 months after any poll held under section 219F Section 219A inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219B: Public notice of resolution
1: Within 10 working days after passing a resolution under section 219A
2: The public notice must also refer to the right of electors of the licensing trust to require a meeting to be called under section 219C section 219E Section 219B inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219C: Electors may requisition meeting
1: Electors of the licensing trust may, by notice in writing, request the licensing trust to hold a public meeting to discuss the resolution.
2: If 50 or more electors request a meeting, the licensing trust must hold a public meeting within 20 working days after the day it received the required number of requests. Section 219C inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219D: Meeting to discuss resolution
1: A licensing trust must give not less than 5 working days' public notice of a meeting of electors of the licensing trust to discuss a resolution passed under section 219A
2: A meeting of electors of the licensing trust may resolve by a majority of votes to confirm or revoke a resolution.
3: If a resolution is confirmed, then the licensing trust must be reconstituted as a community trust.
4: Subsection (3) applies subject to section 219E
5: If a resolution is revoked, then the licensing trust must not pass another resolution under section 219A Section 219D inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219E: Poll on resolution
1: Electors of the licensing trust may, by notice in writing, request the licensing trust to hold a poll on a resolution passed under section 219A
2: If, within 40 working days after public notice of the resolution is given, 15% or more of the electors of the licensing trust request a poll, the licensing trust must hold a poll on the resolution in accordance with regulations made under this Act.
3: A poll does not have to be held if a resolution has been revoked under section 219D(2)
4: A poll must be held even though a resolution has been confirmed under section 219D(2)
5: If on a poll a majority of electors who vote are in favour, then the licensing trust must be reconstituted as a community trust.
6: If on a poll a majority of electors who vote are not in favour, then the licensing trust must not pass another resolution under section 219A
7: A poll does not have to be held under this section if, within 12 months before receiving a request for a poll, the licensing trust held a poll under section 219F Section 219E inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219F: Electors may requisition poll
1: Electors of a licensing trust may, by notice in writing, request the licensing trust to hold a poll on whether the licensing trust should be reconstituted as a community trust.
2: If 15% or more of the electors request a poll, the licensing trust must hold a poll on the issue in accordance with regulations made under this Act.
3: If on a poll a majority of electors who vote are in favour, then the licensing trust must be reconstituted as a community trust.
4: If on a poll a majority of electors who vote are not in favour, then the licensing trust must not hold another poll under this section earlier than 3 years after the date on which the poll was held.
5: A poll does not have to be held under this section if, within 12 months before receiving a request for a poll, the licensing trust held a poll under section 219E Section 219F inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219G: Establishment of community trust
1: A licensing trust that is required by section 219D(3) section 219E(5) section 219F(3)
2: A community trust is established when the licensing trust executes a trust deed providing for the matters specified in section 219N
3: The trust deed must, as soon as practicable after its execution, be notified in the Gazette Section 219G inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219H: Vesting of licensing trust's undertaking in community trust
1: The Governor-General may, by Order in Council made on the advice of the Minister given at the request of the licensing trust concerned, specify a date on which the licensing trust's undertaking is vested in the community trust established by the licensing trust.
2: The date specified in an Order in Council made under this section must be not less than 20 working days after the date on which the order is made.
3: On the date specified in an Order in Council made under this section,—
a: the licensing trust is dissolved:
b: all real and personal property, including all licences under this Act, belonging to the licensing trust, vests in the community trust:
c: all money payable to or by the licensing trust is payable to or by the community trust:
d: all liabilities, contracts (including employment agreements), and engagements, and all rights and authorities of any nature whatever, of the licensing trust are the liabilities, contracts, engagements, rights, and authorities of the community trust:
e: all proceedings by or against the licensing trust may be carried on or prosecuted by or against the community trust.
4: To avoid doubt, in the case of a licensing trust to which sections 215 216
5: Nothing authorised or effected under this section—
a: places the licensing trust or the community trust in breach of contract or confidence or makes them guilty of a civil wrong:
b: entitles any person to terminate or cancel any contract or arrangement or accelerate the performance of any obligation:
c: places the licensing trust or the community trust in breach of any enactment or rule of law prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information:
d: entitles any employee to receive any payment or other benefit by reason that he or she ceased, as a result of this Act, to be an employee of the licensing trust. Section 219H inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004 Status, name, region, and purpose of community trust Heading inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219I: Community trust to be body corporate with full powers
1: A community trust is a body corporate with perpetual succession and a common seal.
2: For the purpose of its object and activities, a community trust has full rights, powers, and privileges.
3: The common seal of a community trust must be judicially noticed in all courts and for all purposes.
4: This section applies subject to the provisions of this Part. Section 219I inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219J: Name of community trust
1: A community trust must have a name.
2: A community trust may, from time to time, change its name, subject to subsection (3) and its trust deed.
3: The name of a community trust must include the words Community Trust Section 219J inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219K: Region of community trust
The region of a community trust is the same as the district of the licensing trust immediately before it was reconstituted as a community trust. Section 219K inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219L: Object of community trust
1: All property vested in, or belonging to, a community trust is held on trust to be applied to charitable, cultural, philanthropic, recreational, and other purposes beneficial exclusively or principally to the community in the region of the community trust.
2: A community trust is authorised, but not required, to hold 1 or more licences under this Act and to carry on the business of selling or supplying liquor. Section 219L inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219M: Duty to apply net profits
1: A community trust must apply any net profits arising from its activities to the purpose of the community trust as described in section 219L
2: However, a community trust may, instead of applying all of its net profits as required by subsection (1), retain so much of its net profits as appears prudent for the purposes of its activities (including any proposed activities). Section 219M inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004 Trust deed Heading inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219N: Matters to be included in trust deed
1: A trust deed of a community trust must contain provisions—
a: specifying the name of the community trust:
b: specifying the purpose of the community trust as set out in section 219L
c: specifying the general activities to be undertaken by the community trust:
d: specifying the minimum and maximum number of trustees:
e: for the holding of, and voting at, meetings of trustees and specifying the quorum necessary for the holding of meetings of trustees:
f: for the remuneration of trustees:
g: specifying the manner in which a trustee may resign his or her office as trustee:
h: specifying the manner in which a vacancy in the office of trustee must be filled:
i: for the appointment of officers, employees, managers, and agents:
j: specifying the powers of investment of the trustees:
k: specifying the powers of the trustees to expend capital and income of the trust:
l: for the keeping of accounts:
m: specifying the manner in which the trust deed may be varied:
n: specifying any other matters that the licensing trust or community trust concerned considers appropriate.
2: Subsection (1)(m) applies subject to section 219O Section 219N inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219O: Variation of trust deed
1: The trustees of a community trust may vary the trust deed of a community trust by executing a deed of variation of the trust deed.
2: A variation of the trust deed must, as soon as practicable after the variation is made, be notified in the Gazette Section 219O inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219P: Trust deed not to be inconsistent with this Act
1: A trust deed of a community trust must not contain provisions inconsistent with this Act.
2: A provision in a trust deed of a community trust that is inconsistent with this Act is unenforceable and of no effect.
3: In this section, trust deed Section 219P inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004 Trustees Heading inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219Q: Trustees
The first trustees of a community trust are the members of the licensing trust immediately before it is reconstituted as the community trust. Section 219Q inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219R: Election of subsequent trustees
1: Trustees of a community trust (after the first trustees) are to be elected.
2: An election of trustees must be held on the day on which the triennial general election of members of local authorities is held under the Local Electoral Act 2001 Section 219R inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219S: Qualification of electors
A person who is qualified as a residential elector of a territorial authority in respect of an address in a community trust's region is qualified as an elector of the community trust. Section 219S inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219T: Conduct of elections
1: An election of trustees of a community trust is governed by this Act and the Local Electoral Act 2001
2: If a community trust's region is situated wholly within the district of a local authority, the roll of residential electors for the local authority's district is the roll of electors for the election of trustees of the community trust.
3: If a community trust's region is situated within the districts of 2 or more local authorities, the rolls of residential electors for the districts of the local authorities are the rolls of electors for the election of trustees of the community trust.
4: It is the duty of the electoral officer of the local authority of the district within which a community trust's region is situated, or the electoral officer of the local authority of every district situated wholly or partly within the community trust's region, to indicate on the roll of residential electors for the district of that local authority, by appropriate words, abbreviations, or marks, the names of the persons entitled to vote at elections of trustees of community trusts. Section 219T inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219U: In default of election Governor-General may appoint trustees
If, on the day appointed for the election of trustees of a community trust, no persons are duly elected, or the number of persons elected is less than the required number, the Governor-General may appoint as many qualified persons to be trustees as are required, and every person so appointed holds office in all respects as if that person had been duly elected in accordance with this Part. Section 219U inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219V: Term of office of trustees
1: The trustees of a community trust hold office until their successors are appointed or elected.
2: A trustee is eligible for re-election.
3: A trustee may resign office in the manner prescribed in the trust deed.
4: A trustee is to be treated as having resigned office as a trustee if at any time the trustee is, under section 219W
4A: If a property order is made in respect of a trustee under section 30
a: subsection (4) does not apply to the trustee by virtue only of the making of that order; but
b: while the order remains in force, the trustee is deemed to have been granted leave of absence and is not capable of acting as a trustee of the community trust during that period.
5: A trustee may be removed from office at any time by the Minister, by notice in writing,—
a: because the trustee is unable to perform his or her duties adequately; or
b: for neglect of duty, or misconduct, proved to the satisfaction of the Minister; or
c: in any case where the Minister is satisfied on reasonable grounds that the trustee has acted or is acting in a manner prejudicial, or likely to be prejudicial, to the interests of the community trust.
6: If a trustee dies or resigns or ceases to hold office, the office of that trustee becomes vacant and the vacancy must be filled in the manner prescribed by the trust deed, and a person filling the vacancy holds office for the residue of the term of office of that trustee. Section 219V inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004 Section 219V(4A) inserted 10 September 2008 section 17(4) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008
219W: Persons not capable of holding office as trustee
The following persons are not capable of being elected or of holding office as a trustee of a community trust:
a: a bankrupt—
i: who has not obtained a final order of discharge; or
ii: whose order of discharge has been suspended for a term not yet expired or is subject to a condition not yet fulfilled:
b: a person who has been convicted within the last 3 years of a criminal offence punishable by imprisonment:
c:
d: a person section 383
e:
f: any person who is the subject of an order under the Protection of Personal and Property Rights Act 1988 Section 219W inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004 Section 219W(c) repealed 5 December 2013 section 14 Companies Amendment Act 2013 Section 219W(d) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 219W(e) repealed 10 September 2008 section 17(5) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Accountability Heading inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219X: Financial statements
1: The financial year of a community trust commences on 1 April in each year and ends on 31 March in the following year.
2: The trustees of a community trust must ensure that full and correct accounts of all the financial transactions of the community trust and its assets, liabilities, and funds are kept.
3: The trustees of a community trust must, within 3 months after the end of each financial year, prepare financial statements including a statement of financial position and income and expenditure account and notes to them, giving a true and fair view of the financial affairs of that community trust for the financial year.
4: The financial statements must be prepared in accordance with generally accepted accounting practice.
5: The financial statements must show separately—
a: the total remuneration paid to the trustees of the community trust:
b: the number of employees and former employees of the community trust who received remuneration and any other benefits in their capacity as employees of the community trust, the value of which was or exceeded $100,000 per annum, and showing the number of employees in brackets of $10,000:
c: the names of persons or organisations to whom distributions have been made by the community trust under sections 219L 219M
d: the amounts distributed.
6: The financial statements must be audited by the Auditor-General.
7: The financial statements, when duly audited, must be open for public inspection.
8: A summary of the audited financial statements must, as soon as practicable after the completion of their audit, be publicly notified in the region of the community trust.
9: A community trust is not required to comply with this section in the year in which it is reconstituted as a community trust if, in that year before being reconstituted as a community trust, the licensing trust concerned complied with section 207 Section 219X inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219Y: Annual meeting of electors
1: A community trust must call a meeting of electors of the community trust to be held in each calendar year.
2: A meeting of electors must be held after, but not later than 2 months after, the yearly balance sheet, profit and loss account, and statements have been audited under section 219X
3: Not less than 10 working days' public notice of a meeting of electors must be given to electors.
4: At a meeting of electors the trustees of the community trust must—
a: report to the electors on the community trust's operations in the most recent completed financial year; and
b: provide a reasonable opportunity for electors at the meeting to ask questions about, and to discuss or comment on, those operations.
5: A community trust is not required to comply with this section in the year in which it is reconstituted as a community trust if, in that year before being reconstituted as a community trust, the licensing trust concerned complied with section 207A Section 219Y inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004 Amalgamation and liquidation Heading inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219Z: Amalgamation of community trusts
1: Two or more community trusts may be amalgamated into 1 new community trust in accordance with this section.
2: Each trust must give public notice of the amalgamation proposal.
3: The amalgamation proposal must include—
a: the names of the persons who are to be the first trustees of the new community trust; and
b: the trust deed of the new community trust.
4: If, within 20 working days after the first publication of the public notice, at least 50 electors of a community trust concerned give written notice to the trust that they require a public meeting to be called to discuss the proposal, the community trust must arrange and hold such a meeting accordingly.
5: If, within 40 working days after the first publication of the public notice, at least 15% of the electors of a community trust concerned give written notice to the trust that they require a poll of electors to be held on the amalgamation proposal, the community trust must arrange for such a poll to be held in accordance with regulations made under this Act.
6: On a poll, the amalgamation proposal is carried if a majority of the valid votes recorded is in favour of the proposal.
7: If no poll is required or a poll is required and the amalgamation proposal is carried, and the community trusts decide to proceed with the proposal, they must submit it, together with a copy of the latest audited accounts of each trust, to the Minister.
8: The Governor-General may, by Order in Council made on the advice of the Minister given at the request of each of the community trusts concerned, amalgamate 2 or more community trusts into 1 community trust, and define the region of that new trust.
9: As from a date to be specified in the order, being not less than 20 working days after the date of the making of the order, the following provisions apply:
a: the original community trusts are dissolved:
b: all real and personal property, including all licences under this Act, belonging to each of the original community trusts vests in the new community trust:
d: all money payable to or by the original community trusts is payable to or by the new community trust:
d: all liabilities, contracts (including employment agreements), and engagements, and all rights and authorities of any nature whatever, of the original community trusts become the liabilities, contracts, engagements, rights, and authorities of the new community trust:
e: all proceedings by or against the original community trusts may be carried on or prosecuted by or against the new community trust:
f: the trustees of the new community trust are the persons named as the first trustees of the trust in the amalgamation proposal:
g: the trust deed of the new community trust is the trust deed included in the amalgamation proposal.
10: Nothing authorised or effected under this section—
a: places the original community trusts in breach of contract or confidence or makes them guilty of a civil wrong:
b: entitles any person to terminate or cancel any contract or arrangement or accelerate the performance of any obligation:
c: places the original community trusts in breach of any enactment or rule of law prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information:
d: entitles any employee to receive any payment or other benefit by reason that he or she ceased, as a result of this Act, to be an employee of an original community trust. Section 219Z inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219ZA: Liquidation
Parts 16 17 Section 219ZA inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219ZB: Distribution of assets where community trust put into liquidation
Where the High Court puts a community trust into liquidation, any net surplus, whether or not in money, must be distributed to each local authority whose district is included wholly or partly within the community trust's region; and, where 2 or more local authorities qualify, the court must determine the shares in proportion to the number of residents of each local authority's district who are electors of the community trust. Section 219ZB inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004 Miscellaneous matters Heading inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219ZC: Taxes and duties
1: A community trust is liable to income tax, and to rates, and to all other taxes and duties, as if it were a body corporate formed for private pecuniary gain.
2: For the purposes of the Inland Revenue Acts (as defined in section 3
a: a community trust and the licensing trust that was constituted as the community trust are, in relation to all assets and liabilities that, by this Act, become the assets and liabilities of the community trust, deemed to be the same person:
b: all transactions entered into by, and all acts of, a licensing trust before it was reconstituted as a community trust, in relation to all assets and liabilities that, by this Act, become assets and liabilities of the community trust, are deemed to have been entered into or performed by the community trust on the date on which they were entered into or performed by the licensing trust. Section 219ZC inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219ZD: Application of Trustee Act 1956
The Trustee Act 1956 Section 219ZD inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219ZE: Application of Local Authorities (Members' Interests) Act 1968
For the purposes of the Local Authorities (Members' Interests) Act 1968 Section 219ZE inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
219ZF: Application of Local Government Official Information and Meetings Act 1987
For the purposes of Parts 1 to 4 Section 219ZF inserted 1 October 2004 section 8(1) Sale of Liquor Amendment Act 2004
10: Miscellaneous provisions
220: Secretary to set up and maintain register
1: The Secretary of the Licensing Authority shall set up and maintain a register in which shall be recorded all such particulars relating to licences and managers' certificates, and to applications for or in respect of such licences and certificates, as may be prescribed.
2: Any member of the public may, on payment of the prescribed fee, obtain from the Secretary of the Licensing Authority an extract from the register.
221: Record of applications
1: The Secretary of each District Licensing Agency shall keep a record of every application filed with the Agency, and of the date on which it was forwarded to the Licensing Authority or (as the case may require) determined by the Agency.
2: The Secretary shall also keep a register of licensees in which shall be recorded all such particulars relating to special licences issued by the District Licensing Agency as may be prescribed.
3: Any member of the public may, on payment of the prescribed fee, obtain from the Secretary of the District Licensing Agency an extract from any record or register kept under this section.
4: The Secretary of each District Licensing Agency shall send to the Secretary of the Licensing Authority a copy of every application made to the District Licensing Agency, and a copy of every decision made by the District Licensing Agency.
222: Certified extracts to be evidence
An extract of any register or record kept by the Secretary of the Licensing Authority or by the Secretary of a District Licensing Agency, and certified as such by the Secretary, shall be evidence of the matters stated in the extract.
223: Licensees and managers to have address for service
1: Every licensee and every manager shall from time to time notify an address for service to the Secretary of the Licensing Authority.
2: Any notice or other document required by this Act to be served on any licensee or manager may be sent by registered post to the address for service of the licensee or manager, in which case it shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered.
224: Certain licensees to file annual returns
Section 224 repealed 1 April 2000 section 109 Sale of Liquor Amendment Act 1999
225: Notification of Licensing Authority by company of changes in company shareholding or name
1: A company incorporated under the Companies Act 1955 Companies Act 1993
a: the shareholding of the company; and
b: the directors of the company.
2: A public company or a company that is a party to a listing agreement with a stock exchange that holds a licence shall notify the Secretary of the Licensing Authority of any change in—
a: the shareholding of the company whereby any person becomes the holder of at least 20% of the shares, or of any particular class of the shares, issued by the company, if that person did not hold at least 20% of the shares or of that class of the shares when the licence was issued to the company; and
b: the directors of the company.
3: Any notice required by subsection (1) or subsection (2) shall be given within 10 working days after the board of the company becomes aware of the change to which it relates.
4: Where a company incorporated under the Companies Act 1955 Companies Act 1993
5: If a company fails to comply with any of subsections (1) to (4), every director of the company commits an offence and is liable on conviction to a fine not exceeding $10,000
6: It is a defence to a director charged with an offence under this section if the director proves that—
a: the company took all reasonable and proper steps to ensure that the subsection of this section to which the charge relates would be complied with; or
b: he or she took all reasonable and proper steps to ensure that the company complied with the subsection of this section to which the charge relates; or
c: in the circumstances he or she could not reasonably have been expected to take steps to ensure that the company complied with the subsection of this section to which the charge relates. Section 225 replaced 2 September 1996 Sale of Liquor Amendment Act 1996 Section 225(5) amended 1 December 1999 section 110 Sale of Liquor Amendment Act 1999
225A: Notification of Licensing Authority by beneficial owner of shares of changes in shareholding
1: Any person on whose behalf any shares are held by any other person in any company that holds a licence shall notify the Secretary of the Licensing Authority if, after the licence is issued to the company, the number of shares held changes so that the shareholding reaches at least 20% of the shares, or of any particular class of the shares, issued by the company.
2: Any notice required by subsection (1) shall be given within 10 working days after the person required to give the notice becomes aware that the number of shares has reached at least 20% of the shares, or of any particular class of the shares, issued by the company.
3: If a person required to give a notice under subsection (1) fails to comply with subsection (1) or subsection (2), he or she commits an offence and is liable on conviction to a fine not exceeding $10,000 Section 225A inserted 2 September 1996 Sale of Liquor Amendment Act 1996 Section 225A(3) amended 1 December 1999 section 111 Sale of Liquor Amendment Act 1999
225B: Notification of Police
1: On receiving any notice under section 225 section 225A
a: the constable
i: the premises in respect of which the licence is held by the company; or
ii: the Secretary's office, where the licence is held by the company in respect of any conveyance; and
b: an inspector.
2: Notwithstanding anything in this Act, on receipt of a copy of any notice under subsection (1), any constable
3: The provisions of section 132 Section 225B inserted 2 September 1996 Sale of Liquor Amendment Act 1996 Section 225B(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 225B(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
226: Duplicate licence or certificate
If the Secretary of the Licensing Authority or the District Licensing Agency is satisfied that any licence or manager's certificate issued by the Licensing Authority or District Licensing Agency has been lost or destroyed, the Secretary may issue a duplicate licence or certificate to the holder. Section 226 replaced 1 April 2000 section 112 Sale of Liquor Amendment Act 1999
227: Surrender of licence
1: A licensee may at any time surrender the licence by sending a written notice to that effect, together with the licence, to the Secretary of the Licensing Authority or (in the case of a special licence) the Secretary of the District Licensing Agency.
2: The Secretary shall endorse on the notice the date on which it is received, and the licence shall cease to have effect as from that date.
3: The licensee shall be entitled to a proportionate refund of any fee (including, but not limited to, an application fee)
4: The surrender of a licence shall not affect the licensee's liability—
a: to perform any obligation required to be performed by the licensee by or under this Act before the date on which the licence ceases to have effect; or
b: for any act done or default made before that date. Section 227(3) amended 1 April 2000 section 113 Sale of Liquor Amendment Act 1999
228: Temporary licence during repairs, etc
If—
a: any licensed premises become unfit for the sale of liquor because of any fire, tempest, or other calamity; or
b: any licensed premises are or will become unfit for that purpose because of any repairs, alterations, or additions, or their rebuilding; or
c: any other circumstances arise in respect of any licensed premises that prevent or will prevent the sale of liquor on the licensed premises,— the Secretary of the Licensing Authority or (in the case of a special licence) the Secretary of the District Licensing Agency may authorise the licensee to sell liquor pursuant to the licence on or from any other premises or conveyance for such period as the Secretary may from time to time determine.
229: Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the procedure to be followed in respect of applications, objections, and reports to, and proceedings before, the Licensing Authority and the District Licensing Agencies:
aa: prescribing—
i: the qualification to be held by a person before the person is entitled to hold a general manager's certificate:
ii: 1 or more requirements or criteria for the qualification or for a course of training which, if successfully completed, is to be treated as entitling a person to hold a general manager's certificate:
ab: prescribing the circumstances and conditions under which persons holding a general manager's certificate at the commencement of section 117A Sale of Liquor Amendment Act 2004
b: prescribing fees in respect of applications, licences, and certificates made or issued under this Act, which fees may differ according to the kind of licences, and according to whether or not the licences are to be endorsed under any of sections 28 51 52
c: prescribing fees payable in respect of any appeals to the Licensing Authority under this Act:
d: prescribing fees for inspecting, or for extracts from, any records or registers kept under this Act:
e: prescribing forms required for the purposes of this Act:
ea: prescribing the requirements and procedure that an applicant for an evidence of age document under section 2A(2)(d)
eb: for the purposes of describing premises in licences, requiring licences or any class of licence to have endorsed on, or attached to, them a description of the premises or part or parts of the premises they relate to:
ec: prescribing the form and extent of, and the procedure for varying, a description required by regulations made under paragraph (eb):
ed: prescribing the infringement fee payable in respect of infringement offences:
ee: prescribing the form of infringement notices, and any other particulars to be contained in infringement notices:
f: providing for the keeping of registers and records for the purposes of this Act:
g: providing for records to be kept and returns to be made to any government department, and providing for the proper protection of any confidential information supplied for the purposes of any such record or return:
h: prescribing the procedure to be followed in respect of elections of members of licensing trusts, including the method of voting, and the manner in which a tie is to be resolved:
i: prescribing the procedure to be followed in respect of any poll held under this Act, and specifying the person by whom and the manner in which costs and expenses incurred in respect of any such poll are to be met:
j: prescribing the procedure to be followed at meetings of licensing trusts:
k: prescribing transitional procedures for the conversion of licences, permits, and certificates in force under the Sale of Liquor Act 1962 immediately before the commencement of this Act into the appropriate licence or certificate under this Act:
l: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its proper administration. Section 229(aa) replaced 6 April 2004 section 27(1) Sale of Liquor Amendment Act 2004 Section 229(ab) inserted 6 April 2004 section 27(1) Sale of Liquor Amendment Act 2004 Section 229(ea) inserted 1 September 1999 section 114 Sale of Liquor Amendment Act 1999 Section 229(eb) replaced 6 April 2004 section 27(2) Sale of Liquor Amendment Act 2004 Section 229(ec) inserted 1 September 1999 section 114 Sale of Liquor Amendment Act 1999 Section 229(ed) inserted 1 September 1999 section 114 Sale of Liquor Amendment Act 1999 Section 229(ee) inserted 1 September 1999 section 114 Sale of Liquor Amendment Act 1999
230: Amendments and repeals
1: The enactments specified in the first column of Schedule 1
2: The enactments specified in Schedule 2
11: Transitional provisions
231: Certain licences deemed to be on-licences
1: Every licence of a kind to which this section applies that was in force under the Sale of Liquor Act 1962 immediately before the commencement of this Act shall be deemed for the purposes of this Act to be an on-licence.
2: This section applies to licences under the Sale of Liquor Act 1962 of the following kinds:
a: hotelkeepers' licences:
b: special hotelkeepers' licences:
c: extended hotelkeepers' licences:
d: tourist-house keepers' licences:
e: tavernkeepers' licences:
f: airport licences:
g: food and entertainment licences:
h: ship licences:
i: works canteen licences:
j: winebar licences.
232: Certain permits deemed to be on-licences
1: Every permit that was in force under section 218A of the Sale of Liquor Act 1962 immediately before the commencement of this Act shall be deemed for the purposes of this Act to be an on-licence endorsed under section 28
2: Every wine maker's bar permit that was in force under section 17 of the Wine Makers Act 1981 immediately before the commencement of this Act shall be deemed for the purposes of this Act to be an on-licence.
233: New Zealand Railways Corporation deemed to be holder of on-licences for trains
The New Zealand Railways Corporation shall be deemed for the purposes of this Act to be the holder of an on-licence in respect of any railcar or railway carriage, or any part of any railcar or railway carriage in which any liquor facilities were maintained under section 26
234: Certain licences deemed to be off-licences
1: Every licence of a kind to which this section applies that was in force immediately before the commencement of this Act shall be deemed for the purposes of this Act to be an off-licence.
2: This section applies to licences of the following kinds:
a: wholesale licences and wine resellers' licences under the Sale of Liquor Act 1962
b: limited wholesale licences under Schedule 2 of that Act
c: wine makers' licences under the Wine Makers Act 1981
d: brewers' licences under the Beer Act 1977
e: spirit makers' licences, rectifiers' and compounders' licences, and vignerons' licences under the Distillation Act 1971.
235: Certain licensees deemed to be holders of off-licences
1: Every person who, immediately before the commencement of this Act,—
a: held any licence of a kind to which this section applies; and
b: sold liquor pursuant to that licence for consumption off (as well as on) the premises described in the licence,— shall be deemed for the purposes of this Act to be the holder of an off-licence.
2: This section applies to licences under the Sale of Liquor Act 1962
a: hotelkeepers' licences:
b: special hotelkeepers' licences:
c: extended hotelkeepers' licences:
d: tavernkeepers' licences:
e: winebar licences.
236: Certain clubs deemed to be holders of off-licences
Every chartered club that, immediately before the commencement of this Act, was authorised by its charter under section 164 of the Sale of Liquor Act 1962
237: Certain licences and club charters deemed to be club licences
1: Every club licence that was in force under the Sale of Liquor Act 1962
2: Every club charter, other than a permanent club charter, that was in force under the Sale of Liquor Act 1962
238: Permanent club charters unaffected
1: Every permanent club charter that was in force under the Sale of Liquor Act 1962
2: The provisions of this Act relating to—
a: the appointment of managers and the management of licensed premises; and
b: the keeping of records and the filing of returns; and
c: the payment of annual or other fees; and
d: offences— shall apply to the holder of a permanent club charter and to the club premises as if the club were the holder of a club licence.
3: Every permanent club charter shall be deemed to authorise the existence of the club so long as the charter is in force.
4: Notwithstanding any of the preceding provisions of this section, the holder of a permanent club charter may, with the approval of the Licensing Authority, surrender the charter and obtain instead a club licence.
239: Booth licences deemed to be special licences
Every booth licence that was in force under the Sale of Liquor Act 1962
240: District and suburban licensing trusts deemed to be holders of certain licences
1: Every district licensing trust and every suburban licensing trust that, immediately before the commencement of this Act, maintained premises on which it sold or supplied liquor for consumption on the premises shall be deemed for the purposes of this Act to hold an on-premises licence in respect of those premises.
2: Every district licensing trust and every suburban licensing trust that, immediately before the commencement of this Act, maintained premises on which it sold or supplied liquor for consumption off the premises shall be deemed for the purposes of this Act to hold an off-premises licence in respect of those premises.
241: Certain licensing trusts to continue
1: The licensing trusts specified in Schedule 3
2: The district or area of each of those licensing trusts as defined immediately before the commencement of this Act shall be the district of that trust for the purposes of this Act.
3: The provisions of this Act shall apply to each of those trusts as if it were constituted under this Act.
242: Present conditions of sale to continue
1: Subject to the succeeding provisions of this section, the conditions attaching immediately before the commencement of this Act to the sale or supply of liquor—
a: pursuant to any licence, permit, or charter to which any of the preceding provisions of this Part apply; or
b: by any district licensing trust or suburban licensing trust— shall continue to apply notwithstanding the passing of this Act, and shall be incorporated in the appropriate licence issued under section 243
2: Following the issue of the appropriate licence under that section, the Licensing Authority shall, on an application made to it under section 16 section 39 section 62
3: Notwithstanding anything in subsection (2), the Licensing Authority shall not have power to vary or cancel any condition of a converted on-licence in force in respect of any premises—
a: in the district of a licensing trust to which sections 215 216
b: in any district to which any of sections 249 to 253
4: Notwithstanding anything in subsection (2), the Licensing Authority shall not have power to vary or cancel any condition of a converted off-licence in force in respect of any premises—
a: in the district of a licensing trust to which sections 215 216
b: in any district to which any of sections 249 to 253
5: Notwithstanding anything in subsection (2), the Licensing Authority shall not have power to vary or cancel any condition of a converted off-licence in force in respect of any premises on which the principal business is other than the manufacture or sale of liquor if the effect of varying or cancelling the condition would be to enable the licensee to sell any kind of liquor that could not have been sold pursuant to the licence before its conversion.
6: Every spirit maker's licence, and every rectifier's and compounder's licence, and every vigneron's licence, deemed by section 234
7: Nothing in the preceding provisions of this section shall authorise the sale of liquor pursuant to any licence, permit, or charter to which any of the preceding provisions of this Part applies to any person, or on or from any premises or conveyance, or at any time, or in any circumstances, to whom, or on, from, at, or in which, that liquor could not have been sold under this Act pursuant to the kind of licence that the licence, permit, or charter is deemed by any of the provisions of this Part to be.
8: All converted on-licences and converted off-licences in force immediately before 1 December 1999 expire at the close of the period of 3 years commencing with the date on which a licence was last renewed. Section 242(8) inserted 1 April 2000 section 115 Sale of Liquor Amendment Act 1999
243: New licences to be issued as soon as practicable
As soon as practicable after the commencement of this Act, the Licensing Authority shall issue to the holder of each licence, permit, or charter to which any of the preceding provisions of this Part apply (except section 238
244: Certain premises and parts of premises deemed to be restricted areas or supervised areas
1: The following bars and premises in which liquor was sold immediately before the commencement of this Act shall be deemed for the purposes of this Act to have been designated by the Licensing Authority as restricted areas:
a: every bar in any hotel, tavern, tourist-house, or chartered club, except a bar in respect of which a family lounge bar permit was then in force under the Sale of Liquor Act 1962:
b: all premises in respect of which a works canteen licence was then in force under that Act:
c: all premises in respect of which a winebar licence was then in force under that Act.
2: Every bar in respect of which, immediately before the commencement of this Act, a family lounge bar permit was then in force under the Sale of Liquor Act 1962
245: Certain managers' certificates deemed to be general managers' certificates
1: Every general manager's certificate that was in force under the Sale of Liquor Act 1962
2: Every trust manager's certificate that was in force under the Sale of Liquor Act 1962
3: Every ancillary manager's certificate that was in force under the Sale of Liquor Act 1962
246: Certain managers' certificates deemed to be club managers' certificates
Section 246 repealed 1 April 2000 section 116 Sale of Liquor Amendment Act 1999
247: Transfer of records
1: Within 1 month after the commencement of this Act, the person who, immediately before the commencement of this Act, was the Clerk of a Licensing Committee, shall send to the Secretary of the District Licensing Agency a schedule in the prescribed form of the licensed premises, and of any managers employed on such premises, in the district.
2: Within 1 month after the commencement of this Act, the Secretary for Justice shall send to the Licensing Authority such of the records set up and maintained by the Licensing Control Commission under the Sale of Liquor Act 1962
248: Applications and appeals pending at commencement of this Act
1: Where any application under the Sale of Liquor Act 1962 for or in respect of a licence has been granted, but full effect has not been given to that decision, immediately before the commencement of this Act, the preceding provisions of this Part, so far as they are applicable and with any necessary modifications, shall apply as if everything necessary to give effect to that decision had been done before the commencement of this Act.
2: Where any application under the Sale of Liquor Act 1962
3: Where any appeal has been instituted but not finally determined in any court under the Sale of Liquor Act 1962
249: Special provisions relating to Roskill no-licence district
1: This section applies to the district that, immediately before the commencement of this Act, was a no-licence district within the meaning of the Sale of Liquor Act 1962
2: Notwithstanding anything in this Act, no application may be made—
a: for an on-licence in respect of—
i: any hotel other than a tourist-house; or
ii: any tavern— within the district to which this section applies; or
b: for an off-licence in respect of any premises within the district to which this section applies other than—
i: club premises; or
ii: premises in which any kind of liquor is made,— until local restoration has been carried in the district on a poll held under the Local Restoration Polls Act 1990
3: If, in the district to which this section applies, local restoration is carried on a poll held under the Local Restoration Polls Act 1990
a: as soon as practicable after the date of the declaration of the result of that poll, a poll of electors residing in the district shall be held, on a day to be fixed by the Licensing Authority and in accordance with the regulations made under this Act, on the question whether a licensing trust or licensing trusts should be constituted in the district (called in this section the trust proposal):
b: the trust proposal shall be deemed to be carried if the number of valid votes recorded for that proposal exceeds the number of valid votes recorded against it:
c: if the trust proposal is carried, the Minister section 185 Section 249(2) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 249(3) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 249(3)(c) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
250: Special provisions relating to Wellington East no-licence district
1: This section applies to the district that, immediately before the commencement of this Act, was a no-licence district within the meaning of the Sale of Liquor Act 1962
2: Notwithstanding anything in this Act, no application may be made—
a: for an on-licence in respect of—
i: any hotel other than a tourist-house; or
ii: any tavern— within the district to which this section applies; or
b: for an off-licence in respect of any premises within the district to which this section applies other than—
i: club premises; or
ii: premises in which any kind of liquor is made,— until local restoration has been carried in the district on a poll held under the Local Restoration Polls Act 1990
3: If, in the district to which this section applies, local restoration is carried on a poll held under the Local Restoration Polls Act 1990
a: as soon as practicable after the date of the declaration of the result of that poll, a poll of electors residing in the district shall be held, on a day to be fixed by the Licensing Authority and in accordance with the regulations made under this Act, on the question whether a licensing trust or licensing trusts should be constituted in the district (called in this section the trust proposal):
b: the trust proposal shall be deemed to be carried if the number of valid votes recorded for that proposal exceeds the number of valid votes recorded against it:
c: if the trust proposal is carried, the Minister section 185 Section 250(2) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 250(3) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 250(3)(c) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
251: Special provisions relating to Grey Lynn no-licence district
1: This section applies to the district that, immediately before the commencement of this Act, was a no-licence district within the meaning of the Sale of Liquor Act 1962
2: Notwithstanding anything in this Act, no application may be made—
a: for an on-licence in respect of—
i: any hotel other than a tourist-house; or
ii: any tavern— within the district to which this section applies; or
b: for an off-licence in respect of any premises within the district to which this section applies other than—
i: club premises; or
ii: premises in which any kind of liquor is made,— until local restoration has been carried in the district on a poll held under the Local Restoration Polls Act 1990
3: If, in the district to which this section applies, local restoration is carried on a poll held under the Local Restoration Polls Act 1990
a: as soon as practicable after the date of the declaration of the result of that poll, a poll of electors residing in the district shall be held, on a day to be fixed by the Licensing Authority and in accordance with the regulations made under this Act, on the question whether a licensing trust or licensing trusts should be constituted in the district (called in this section the trust proposal):
b: the trust proposal shall be deemed to be carried if the number of valid votes recorded for that proposal exceeds the number of valid votes recorded against it:
c: if the trust proposal is carried, the Minister section 185 Section 251(2) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 251(3) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 251(3)(c) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
252: Special provisions relating to Eden no-licence district
1: This section applies to the district that, immediately before the commencement of this Act, was a no-licence district within the meaning of the Sale of Liquor Act 1962
2: Notwithstanding anything in this Act, no application may be made—
a: for an on-licence in respect of—
i: any hotel other than a tourist-house; or
ii: any tavern— within the district to which this section applies; or
b: for an off-licence in respect of any premises within the district to which this section applies other than—
i: club premises; or
ii: premises in which any kind of liquor is made,— until local restoration has been carried in the district on a poll held under the Local Restoration Polls Act 1990
3: If, in the district to which this section applies, local restoration is carried on a poll held under the Local Restoration Polls Act 1990
a: as soon as practicable after the date of the declaration of the result of that poll, a poll of electors residing in the district shall be held, on a day to be fixed by the Licensing Authority and in accordance with the regulations made under this Act, on the question whether a licensing trust or licensing trusts should be constituted in the district (called in this section the trust proposal):
b: the trust proposal shall be deemed to be carried if the number of valid votes recorded for that proposal exceeds the number of valid votes recorded against it:
c: if the trust proposal is carried, the Minister section 185 Section 252(2) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 252(3) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 252(3)(c) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
253: Special provisions relating to Tawa special district
1: This section applies to the district comprising that part of the Borough of Tawa and any part of the city of Porirua to which, immediately before the commencement of this Act, section 14 of the Licensing Amendment Act (No 2) 1953 applied
2: Notwithstanding anything in this Act, no application may be made—
a: for an on-licence in respect of—
i: any hotel other than a tourist-house; or
ii: any tavern— within the district to which this section applies; or
b: for an off-licence in respect of any premises within the district to which this section applies other than—
i: club premises; or
ii: premises in which any kind of liquor is made,— until local restoration has been carried in the district on a poll held under the Local Restoration Polls Act 1990
3: If, in the district to which this section applies, local restoration is carried on a poll held under the Local Restoration Polls Act 1990
a: as soon as practicable after the date of the declaration of the result of that poll, a poll of electors residing in the district shall be held, on a day to be fixed by the Licensing Authority and in accordance with the regulations made under this Act, on the question whether a licensing trust or licensing trusts should be constituted in the district (called in this section the trust proposal):
b: the trust proposal shall be deemed to be carried if the number of valid votes recorded for that proposal exceeds the number of valid votes recorded against it:
c: if the trust proposal is carried, the Minister section 185 Section 253(2) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 253(3) amended 1 April 1990 section 31(1) Local Restoration Polls Act 1990 Section 253(3)(c) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
254: Minister to consider amalgamation of new district with existing trust district
1: If the trust proposal is carried in any district or districts to which any of sections 249 to 253
a: the Minister shall give written notice of the proposal to each adjoining licensing trust concerned, and that trust, if it agrees with the proposal, shall proceed in accordance with subsections (2) to (6) of section 211
b: the Minister shall give public notice of the proposal in each district in which the trust proposal has been carried and to which the amalgamation proposal applies:
c: if, within 20 working days after the first publication of the notice under paragraph (b), at least 50 electors of the district give written notice to the Minister that they require a public meeting to be called to discuss the proposal, the Minister shall arrange for such a meeting to be held accordingly:
d: if, within 40 working days after the first publication of the notice under paragraph (b), at least 15% of the electors of the district give written notice to the Minister that they require a poll of electors to be held on the amalgamation proposal, the Minister shall arrange for such a poll to be held in accordance with regulations made under this Act, and the provisions of subsection (5) of section 211
e: subject to the preceding paragraphs of this subsection, the provisions of subsections (6) to (8) of section 211
2: If the Minister section 185 Section 254(1) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 254(2) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995