Sale of Liquor Amendment Act 1999

1: Short Title and commencement
1: This Act may be cited as the Sale of Liquor Amendment Act 1999, and is part of the Sale of Liquor Act 1989 the principal Act
2: The following provisions in Part 1
a: Section 3
b: Section 114
3: The following provisions in Part 1
a: Section 2(2) to (5)
b: Section 5
c: Section 13(1)
d: Section 30(1) (2)
e: Section 62
f: Sections 75 76
g: Sections 78 to 106
h: Sections 110 111
i: Section 117
j: So much of Schedule 2 Summary Offences Act 1981
4: The rest of the provisions in Part 1
5: Part 2 section 123
6: The date appointed under subsection (5)
7: Parts 3 4 5
1: Amendments to principal Act coming into force on specific dates
2: Interpretation
1: Section 2 Defence Council
2: Section 2 paragraph (a) prohibited persons 20 18
3: Section 2 restricted area 20 18
4: Section 2 supervised area Supervised area
5: Section 2 Guardian Guardianship Act 1968 .
3: Meaning of term
evidence of age document The principal Act is amended by inserting, after section 2
2A:
1: For the purposes of this Act, the term evidence of age document subsection (2)
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: 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
4: Application of Act
Section 5(3)(g) for any members of the New Zealand Fire Service
5: Exemption for homestays
The principal Act is amended by inserting, after section 5
5A: 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.
6: On-licences
The principal Act is amended by repealing section 7
7: 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.
7: Who may hold on-licence
1: Section 8(1) paragraph (b)
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.
2: Section 8(1)(f) local authority , whether or not
8: Application for on-licences
Section 9
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)
9: Objections
1: Section 10(1) who has attained the age of 18 years and
2: Section 10(2) notice public
10: Reports
The principal Act is amended by repealing section 11
11:
1: On receiving an application for an on-licence, the Secretary must send a copy of it, and of each document filed with it, to—
a: The member of the Police in charge of the police station nearest to—
i: The premises in respect of which the licence is sought; or
ii: The Secretary's office, where the licence is sought in respect of a conveyance; and
b: An inspector; and
c: Where the licence is sought in respect of any premises, the Medical Officer of Health in whose district the premises are situated.
2: The inspector must inquire into and file with the District Licensing Agency a report on the application.
3: The Police and the Medical Officer of Health must each inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
4: The District Licensing Agency may assume that, if no report is received from the Police or Medical Officer of Health within 20 working days after sending the application to them, the Police and the Medical Officer of Health have no matters in opposition to the application.
5: The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
11: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
The principal Act is amended by repealing section 12
12:
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
12: Criteria for on-licences
1: Section 13(1) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may be, must
2: Section 13(1) paragraph (e)
e: The applicant's proposals relating to—
i: The sale and supply of non-alcoholic refreshments and food; and
ii: The sale and supply of low-alcohol beverages; and
iii: The provision of assistance with or information about alternative forms of transport from the licensed premises: .
3: Section 13(2) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may be, must
13: Conditions of on-licences
1: Section 14 subsection (2)
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.
2: Section 14 subsections (4) to (7)
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)
7: In determining whether to impose conditions under subsection (5)(a)
8: Subsection (5)(h) Human Rights Act 1993
14: Variation of conditions
1: Section 16 subsection (1)
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: Section 16 subsection (2)
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)
3: Section 16(3) who has attained the age of 18 years and
4: Section 16(7) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may require, must
15: Renewal of on-licences
Section 18
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)
16: Objections to renewal
1: Section 19(1) who has attained the age of 18 years and
2: Section 19(2) notice public
17: Reports on applications for renewals
The principal Act is amended by repealing section 20
20:
1: On receiving an application for the renewal of an on-licence, the Secretary must send a copy of it, and of each document filed with it, to—
a: The member of the Police in charge of the police station nearest to—
i: The premises in respect of which the licence is in force; or
ii: The Secretary's office, where the licence is in force in respect of a conveyance; and
b: An inspector; and
c: Where the licence is in force in respect of any premises, the Medical Officer of Health in whose district the premises are situated.
2: The inspector must inquire into and file with the District Licensing Agency a report on the application.
3: The Police and the Medical Officer of Health must each inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
4: The District Licensing Agency may assume that, if no report is received from the Police or Medical Officer of Health within 20 working days after sending the application to them, the Police and the Medical Officer of Health have no matters in opposition to the application.
5: The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
18: Unopposed applications to be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
Section 21(3)(d) The Any
19: Temporary authority
Section 24(1) conveyance , or any business conducted in any premises or conveyance,
20: Annual returns
Section 27
21: Special provisions relating to BYO restaurants
Section 28(5) or section 27
22: Off-licences
Section 29
3: An off-licence also authorises the complimentary supply of liquor by way of sample on the premises to which the licence relates.
23: Who may hold off-licence
1: Section 30(1) paragraph (b)
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.
2: Section 30(1)(f) local authority , whether or not
24: Application for off-licences
Section 31
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)
25: Objections
1: Section 32(1) who has attained the age of 18 years and
2: Section 32(2) notice public
26: Reports
Section 33 subsections (2) (3)
2: The inspector must inquire into and file with the District Licensing Agency a report on the application.
3: The Police must inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
4: The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after sending the application to them, the Police have no matters in opposition to the application.
5: The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
27: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
The principal Act is amended by repealing section 34
34:
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
28: Criteria for off-licences
1: Section 35(1) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may be, must
2: Section 35(2) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may be, must
29: Types of premises in respect of which off-licences may be granted
1: Section 36(2) Licensing Authority or District Licensing Agency, as the case may be,
2: Section 36(5) (6)
30: Conditions of off-licences
1: Section 37 subsections (1) (1A)
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.
2: Section 37(3) paragraph (e) ; and
f: Beer that conforms to the standard prescribed by regulation 218 of those regulations Food Act 1981
3: Section 37(4) Licensing Authority or District Licensing Agency, as the case may be,
4: Section 37(4)
d: The persons or types of persons to whom liquor may be sold or supplied.
5: Section 37 subsection (5)
5A: Subsection (4)(d) Human Rights Act 1993
6: Section 37(5) (6) Licensing Authority or District Licensing Agency, as the case may be,
31: Variation of conditions
1: Section 39 subsection (1)
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: Section 39 subsection (2)
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)
3: Section 39(3) who has attained the age of 18 years and
4: Section 39(7) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may be, must
32: Renewal of off-licences
Section 41
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)
33: Objections to renewal
1: Section 42(1) who has attained the age of 18 years and
2: Section 42(2) notice public
34: Reports on applications for renewals
Section 43 subsections (2) (3)
2: The inspector must inquire into and file with the District Licensing Agency a report on the application.
3: The Police must inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
4: The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after sending the application to them, the Police have no matters in opposition to the application.
5: The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
35: Unopposed applications to be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
1: Section 44(1) paragraph (b)
b: No report containing matters in opposition is filed with the District Licensing Agency under section 43 .
2: Section 44(3)(d) The Any
36: Temporary authority
Section 47(1) premises , or any business conducted in any premises,
37: Annual returns
Section 50
38: Special provisions relating to caterers
1:
2: Section 51(3) Licensing Authority or the District Licensing Agency, as the case may be, Subsection (1) repealed 6 April 2004 16(2) Sale of Liquor Amendment Act 2004
39: Special provisions relating to auctioneers
1: Section 52 subsection (1)
1: An off-licence may be granted to the holder of an auctioneer's licence under the Auctioneers Act 1928
2: The Licensing Authority or District Licensing Agency must, when granting an off-licence under subsection (1)
2: Section 52(4) 50 49
40: Application for club licences
Section 55
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)
41: Objections
1: Section 56(1) who has attained the age of 18 years and
2: Section 56(2) notice public
42: Reports
The principal Act is amended by repealing section 57
57:
1: On receiving an application for a club licence, the Secretary must send a copy of it, and of each document filed with it, to—
a: The member of the Police in charge of the police station nearest to the premises in respect of which the licence is sought; and
b: An inspector; and
c: The Medical Officer of Health in whose district the premises are situated.
2: The inspector must inquire into and file with the District Licensing Agency a report on the application.
3: The Police and the Medical Officer of Health must each inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
4: The District Licensing Agency may assume that, if no report is received from the Police or Medical Officer of Health within 20 working days after sending the application to them, the Police and the Medical Officer of Health have no matters in opposition to the application.
5: The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
43: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
The principal Act is amended by repealing section 58
58:
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 of approval referred to in section 55(1)(e)
44: Criteria for club licences
1: Section 59(1) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may be, must
2: Section 59(1) paragraph (g)
g: The applicant's proposals relating to—
i: The sale and supply of non-alcoholic refreshments and food; and
ii: The sale and supply of low-alcohol beverages; and
iii: The provision of assistance with or information about alternative forms of transport from the licensed premises: .
3: Section 59(2) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may be, must
45: Conditions of club licences
1: Section 60(1)(b) Licensing Authority or District Licensing Agency (whichever granted the licence)
2: Section 60 subsection (2)
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)
2B: Subsection (2)(h) Human Rights Act 1993
3: Section 60(3) Licensing Authority or District Licensing Agency, as the case may be,
4: Section 60(4)
a: Omitting from paragraph (a) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may be, must
b: Inserting in paragraph (b) Licensing Authority or District Licensing Agency, as the case may be,
46: Variation of conditions
1: Section 62 subsection (1)
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: Section 62 subsection (2)
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)
3: Section 62(3) who has attained the age of 18 years and
4: Section 62(7) Licensing Authority shall Licensing Authority or District Licensing Agency, as the case may require, must
47: Renewal of club licences
Section 64
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)
48: Objections to renewal
1: Section 65(1) who has attained the age of 18 years and
2: Section 65(2) notice public
49: Reports on applications for renewals
The principal Act is amended by repealing section 66
66:
1: On receiving an application for the renewal of a club licence, the Secretary must send a copy of it, and of each document filed with it, to—
a: The member of the Police in charge of the police station nearest to the premises in respect of which the licence is in force; and
b: An inspector; and
c: The Medical Officer of Health in whose district the premises are situated.
2: The inspector must inquire into and file with the District Licensing Agency a report on the application.
3: The Police and the Medical Officer of Health must each inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
4: The District Licensing Agency may assume that, if no report is received from the Police or Medical Officer of Health within 20 working days after sending the application to them, the Police and the Medical Officer of Health have no matters in opposition to the application.
5: The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
50: Unopposed applications to be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
Section 67(3)(d) The Any
51: Annual Returns
Section 72
52: Special licences
The principal Act is amended by repealing Section 73
73: 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.
53: Special licence for social gatherings
Section 74 in respect of a hotel or tavern,
54: Who may hold special licence
1: Section 75 paragraph (b)
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.
2: Section 75(f) local authority , whether or not
55: Application for special licences
Section 76 subsection (4)
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.
56: Objections
1: Section 77(1) who has attained the age of 18 years and
2: Section 77(2) notice public
57: Reports
Section 78 subsections (2) to (4)
2: The inspector must inquire into and file with the District Licensing Agency a report on the application.
3: The Police must inquire into and, if they have any matters in opposition, file with the District Licensing Agency a report on the application within 15 working days after receiving the application.
4: The District Licensing Agency may assume that, if no report is received from the Police within 20 working days after sending the application to them, the Police have no matters in opposition to the application.
5: The Secretary must send to the applicant a copy of any reports filed with the District Licensing Agency under this section.
58: Criteria for special licence
1: Section 79(1) paragraph (f)
f: The applicant's proposals relating to—
i: The sale and supply of non-alcoholic refreshments and food; and
ii: The sale and supply of low-alcohol beverages; and
iii: The provision of assistance with or information about alternative forms of transport from the licensed premises: .
2: Section 79(1)(g) The Any
59: Conditions of special licences
1: Section 80(2) paragraph (b)
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: .
2: Section 80(2)
g: The containers in which liquor may be sold.
60: Duration of special licences
1: Section 82(1)(a) particular
2: Section 82(2) particular
61: Functions of Authority
Section 91 paragraphs (a) to (c)
a: To consider and determine such applications for the grant of on-licences, off-licences, and club licences as may be referred to it by any District Licensing Agency in accordance with this Act:
b: To consider and determine such applications for renewal of on-licences, off-licences, and club licences as may be referred to it by any District Licensing Agency in accordance with this Act:
c: To consider and determine such applications for the grant of managers' certificates as may be referred to it by any District Licensing Agency in accordance with this Act: .
62: Authority may refer matters for investigation
Section 94(2) $1,000 $2,000
63: Authority may send statements to Agencies
Section 96 subsection (3)
3: In the exercise of its functions under this Act, every District Licensing Agency must observe any statement issued under this section.
64: Functions of District Licensing Agency
Section 100 paragraphs (a) (b)
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: .
65: Procedure
Section 106 subsection (2)
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.
66: Right of certain persons to appear
Section 108 Except in a case to which section 106(1) of this Act
67: Manager to be on duty at all times
1: Section 115 subsection (1)
1: At all times when liquor is being sold or supplied to the public on any licensed premises a manager must be on duty and responsible for compliance with this Act and the conditions of the licence.
2: Section 115
3: At all times when liquor is being sold or supplied to the public on licensed premises the licensee must take all reasonable steps to enable the manager to comply with subsection (1)
68: Reports
Section 119 subsections (2) (3)
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.
69: Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
The principal Act is amended by repealing section 120
120:
1: If, in respect of any application for a manager's certificate, no matter in opposition is filed under section 119, the District Licensing Agency must determine the application in accordance with this Act.
2: In any other case, the Secretary of the District Licensing Agency must forward the complete file to the Secretary of the Licensing Authority, and the Licensing Authority must determine the application in accordance with this Act.
3: For the purposes of this section, the complete file
a: The application and any papers filed in support of the application; and
b: Any reports made under section 119
70: Criteria for managers' certificates
The principal Act is amended by repealing section 121
121:
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 managing 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 any relevant qualifications that the applicant holds:
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.
71: Reports and applications for renewals
Section 124 subsections (2) (3)
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.
72: Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
Section 125(3)(b) The Any
73: Criteria for renewal
Section 126(c) with the aim of contributing to the reduction of liquor abuse
74: Notice of appointment, etc, of manager, temporary manager, or acting manager
Section 130 subsection (1)
1: A licensee must give notice, in accordance with subsection (1A)
1A: Notice is given in accordance with this subsection if the notice is given within 2 working days after the appointment, or the cancellation or termination of the appointment, to—
a: The Licensing Authority; and
b: The District Licensing Agency with which the application for the licence was filed; and
c: The member of the Police in charge of the police station nearest to—
i: The premises, where the licence is in force in respect of any premises; or
ii: The office of the District Licensing Agency with which the application was filed, where the licence is in force in respect of any conveyance.
75: Power of inspector to enter licensed premises
1: Section 131(4) $1,000 $2,000
2: Section 131(5) $ 1,000 2,000
76: Suspension or cancellation of licences by Licensing Authority in respect of certain offences
The principal Act is amended by inserting, after section 132
132A:
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), or section 167
b: By a person (not being a licensee or manager) against section 155(2) or section 166(2)
2: A member of the Police must, immediately after the licensee or manager or person has been convicted of the offence, send a report to the Licensing Authority.
3: The report must include—
a: A certificate of the conviction from the Registrar of the court concerned; and
b: A summary of the evidence on which the conviction was based; and
c: A statement by the Police as to whether or not the licensed premises concerned have been conducted in breach of any other provisions of this Act or of any conditions of the licence or otherwise in an improper manner and, if so, a statement of the circumstances; and
d: A statement by the Police as to whether or not the conduct of the licensee is such as to show that the licensee is not a suitable person to hold the licence and, if so, a statement of the circumstances; and
e: A recommendation by the Police as to whether the licence of the licensee should be suspended or cancelled; and
f: The reasons for the recommendation.
4: Immediately after receiving the report, the Licensing Authority must consider it.
5: If, after considering the report, the Licensing Authority considers that it should hold a public hearing into whether the licence held by the licensee should be suspended or cancelled, the Secretary must—
a: Advise the licensee accordingly; and
b: Send a copy of the report of the Police to the licensee; and
c: Fix the earliest practicable date for a public hearing of the matter; and
d: Give at least 10 working days' notice of the date, time, and place of the hearing to the Police and the licensee.
6: At the hearing, the Police and the licensee (whether personally or by counsel),—
a: Are entitled to appear and be heard; and
b: May call, examine, and cross-examine witnesses.
7: A certificate of the conviction included in the report of the Police under subsection (3)(a)
8: At the conclusion of the hearing, the Licensing Authority may make an order under subsection (9)
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)
77: Restraining continuing breaches of conditions of licence
Section 136
78: Sales by unlicensed person
Section 151 $20,000 $40,000
79: Allowing unlicensed premises to be used for sale of liquor
Section 152 $20,000 $40,000
80: Use of unlicensed premises as place of resort for consumption of liquor
Section 153(1) $10,000 $20,000
81: Persons found on unlicensed premises kept as place of resort for consumption of liquor
Section 154(1) $1,000 $2,000
82: Promotion of excessive consumption of alcohol
The principal Act is amended by inserting, after section 154 Excessive consumption of alcohol
154A: Promotion of excessive consumption of alcohol
Every person commits an offence and is liable to a fine not exceeding $5,000 who, being a licensee or manager of licensed premises, does anything in the promotion of the business conducted on the premises, or in the promotion of any event or activity held or conducted on the premises, that is intended or likely to encourage persons on the licensed premises to consume alcohol to an excessive extent.
83: Sale or supply of liquor to minors
1: Subsections (1) (2) (4) (5) 20 18
2: Section 155(1) a fine not exceeding $5,000 the penalty set out in subsection (2A)
3: Section 155(2) a fine not exceeding $1,000 the penalty set out in subsection (2A)
4: Section 155 subsection (2)
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.
5: Section 155 subsection (4)
4A: Without limiting subsection (4)
84: Exemptions in respect of restricted areas
Section 156
85: Exemptions in respect of other parts of licensed premises
The principal Act is amended by repealing section 157
157: 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.
86: Further exemptions in respect of supervised areas
Section 158
87: Further exemptions in respect of licensee's or manager's family or lodger's spouse
Section 159
88: Purchasing liquor for minors
1: Section 160(1) 20 18
2: Section 160(1) $1,000 $2,000
3: Paragraphs (a) (c)
4: Section 160(4) 20 18
89: Employment of minors
1: Section 161(2) 20 18
2: Section 161(2) $1,000 $2,000
3: Section 161(3)(b)
90: Purchasing of liquor by minors
1: Section 162(1) 20 18
2: Section 162(1) $1,000 $2,000
3: Section 162 subsections (2) to (4)
91: New
sections 162A to 162D The principal Act is amended by inserting, after section 162
162A: Infringement offences
In sections 162B to 162D Infringement fee Infringement offence section 162 or section 163
162B: Commission of infringement offence
Where any person is alleged to have committed an infringement offence, that person may either—
a: Be proceeded against for the alleged offence under the Summary Proceedings Act 1957
b: Be served with an infringement notice as provided for in section 162C
162C: Infringement notices
1: Where a member of the Police observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.
2: Any member of the Police (not necessarily the member who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence; and, in that case, for the purposes of the Summary Proceedings Act 1957
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) of the Summary Proceedings Act 1957
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 of the Summary Proceedings Act 1957
162D: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into the Crown Bank Account.
92: Minors in restricted areas or supervised areas
1: Section 163 subsections (1) (2)
1: Every person commits an offence and is liable to a fine not exceeding $1,000 who, being under the age of 18 years, is found in any restricted area on any licensed premises.
2: Every person commits an offence and is liable to a fine not exceeding $1,000 who, being under the age of 18 years, is found in any supervised area on any licensed premises unless that person is accompanied by his or her parent or guardian.
2: Section 163(3)(c)
3: Section 163(3)
d: Who is in the supervised area for the purpose of selling or supplying liquor.
93: Permitting minors to be in restricted areas or supervised areas
1: Section 164(1) 20 18
2: Section 164(1) $1,000 $2,000
3: Section 164(2) 20 18
4: Section 164 subsection (2)
2A: Without limiting subsection (2)
94: Unauthorised sale or supply
1: Section 165 a fine not exceeding $10,000 the penalty set out in subsection (2)
2: Section 165 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.
95: Sale or supply of liquor to intoxicated person
1: Section 166(1) a fine not exceeding $5,000 the penalty set out in subsection (4)
2: Section 166(2) a fine not exceeding $1,000 the penalty set out in subsection (4)
3: Section 166 subsection (4)
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.
96: Allowing person to become intoxicated
1: Section 167 a fine not exceeding $5,000 the penalty set out in subsection (2)
2: Section 167 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.
97: Allowing drunkenness or disorderly conduct on licensed premises
Section 168(1) $2,000 $4,000
98: Sales of spirits otherwise than in a glass
Section 169(1) $1,000 $2,000
99: Being on licensed premises outside licensing hours
1: Section 170(1) $1,000 $2,000
2: Section 170(2) paragraph (d)(iv)
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.
100: Allowing person on licensed premises outside licensing hours
Section 171 $5,000 $10,000
101: Making false representations to licensees, etc
1: Section 172(1) $1,000 $2,000
2: Section 172(2) $500 $1,000
102: Licensee's offences in respect of manager
The principal Act is amended by inserting, after section 172
172A: Every person commits an offence and is liable to a fine not exceeding $5,000 who, being a licensee, fails, without reasonable excuse, to—
a: Appoint a manager as required by any of sections 26, 49, 71, or 84
b: Ensure that section 115
c: Comply with section 130
103: Closure of licensed premises in case of riot
1: Section 173(4) $5,000 $10,000
2: Section 173(5) $1,000 $2,000
104: Closure of premises in case of fighting, etc
1: Section 174(6) $5,000 $10,000
2: Section 174(7) $1,000 $2,000
105: Powers of entry on licensed premises
1: Section 175(4) $1,000 $2,000
2: Section 175(5) $1,000 $2,000
106: Power of Police to demand information
Section 176(4) $500 $1,000
107: Power of Police to seize samples of liquor
The principal Act is amended by inserting, after section 177
177A: Any member of the Police who enters and is conducting an inspection of any licensed premises under section 175
108: Court may order forfeiture in certain cases
Section 183 section 151 or section 152 or section 153
109: Certain licensees to file annual returns
Section 224
110: Notification of Licensing Authority by company of changes in company shareholding or name
Section 225(5) $5,000 $10,000
111: Notification of Licensing Authority by beneficial owner of shares of changes in shareholding
Section 225A(3) $5,000 $10,000
112: Duplicate licence or certificate
The principal Act is amended by repealing section 226
226: 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.
113: Surrender of licence
Section 227(3) fee (including, but not limited to, an application fee)
114: Regulations
Section 229 paragraph (e)
ea: Prescribing the requirements and procedure that an applicant for an evidence of age document under section 2A(2)(d)
eb: Requiring licences or any class of licence to have endorsed on, or attached to, them a description of the land and 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: .
115: Present conditions of sale to continue
Section 242
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.
116: Certain managers' certificates deemed to be club managers' certificates
Section 246
117: Conditions of licences varied
1: On and from the commencement of this section, an on-licence in force immediately before the commencement of this section has effect as if—
a: The condition prohibiting the sale or supply of liquor on Sunday applied only to Easter Sunday; and
b: The licence contained a condition prohibiting the sale and supply of liquor before 1 pm on Anzac Day; and
c: The licence contained a condition permitting the sale and supply of liquor between 9 am and 10 pm on Sunday (other than Easter Sunday) and after 1 pm on Anzac Day.
2: On and from the commencement of this section, an off-licence in force immediately before the commencement of this section has effect as if—
a: The condition prohibiting the sale or delivery of liquor on Sunday applied only to Easter Sunday; and
b: The licence contained a condition prohibiting the sale and delivery of liquor before 1 pm on Anzac Day; and
c: The licence contained a condition permitting the sale and delivery of liquor between 9 am and 10 pm on Sunday (other than Easter Sunday) and after 1 pm on Anzac Day; and
d: In relation to an off-licence granted in respect of premises described in section 36(1)(d) regulation 218 of the Food Regulations 1984 Food Act 1981
118: Repeals
The enactments specified in Schedule 1
119: Amendments to other Acts
The enactments specified in Schedule 2
2: Amendments to principal Act coming into force on date to be appointed by Order in Council
120: Manager to be on duty at all times and responsible for compliance
The principal Act is amended by repealing section 115
115:
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.
121: New sections substituted
The principal Act is amended by repealing sections 116 117
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.
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 is in force.
117A: General manager must hold prescribed qualification
No person is entitled to hold a general manager's certificate, and the District Licensing Agency or the Licensing Authority must not issue a general manager's certificate to a person, unless the person holds a prescribed qualification.
122: Criteria for general managers' certificates
The principal Act is amended by repealing section 121(1) 70
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
123: Regulations
Section 123 repealed 6 April 2004 27(3) Sale of Liquor Amendment Act 2004
3: Conditions in certain off-licences
124: Certain off-licences to be treated as permitting sale or supply of liquor during early hours of Sunday morning
1: Every off-licence granted before the commencement of this Part that contains a condition or statement that appears or is intended to permit the sale or delivery of liquor during the period from midnight on a Saturday to 3 am on a Sunday or during a part of that period must be treated as permitting and as having always permitted the sale or delivery of liquor during that period or during that part of that period, as the case may be.
2: Subsection (1)
4: Amendment to
Privacy Act 1993
125: Schedule 2 Privacy Act 1993 Schedule 2 Privacy Act 1993 Part 1 Motor Vehicle Securities Act 1989 Sale of Liquor Act 1989 sections 220 and 221 .
5: Amendment to
Summary Offences Act 1981
126: Summary Offences Act 1981 The Summary Offences Act 1981 section 38 Infringement offences
38A: Infringement offences
In section 38B to 38E Infringement fee Infringement offence section 38(3)
38B: Commission of infringement offence
1: Where any person is alleged to have committed an infringement offence, that person may either—
a: Be proceeded against for the alleged offence under the Summary Proceedings Act 1957
b: Be served with an infringement notice under section 38C
2: No person arrested under section 39 section 38C
38C: Infringement notices
1: Where a member of the Police observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.
2: Any member of the Police (not necessarily the member who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence; and, in that case, for the purposes of the Summary Proceedings Act 1957
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) of the Summary Proceedings Act 1957
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 of the Summary Proceedings Act 1957
38D: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into the Crown Bank Account.
38E: Regulations
The Governor-General may from time to time, by Order in Council, make regulations prescribing the form of infringement notices, and any other particulars to be contained in infringement notices.