It is a legal requirement under The Sale of Liquor Act 1989 that a person obtains a licence before selling or supplying liquor to the public.
The Sale of Liquor Act
 |
|
The philosophy behind the Act is not to restrict liquor sale and supply, but rather to promote safe and legal drinking. Licensees and managers must ensure that all staff are familiar with the provisions of the legislation so that they are fully aware of their duties and responsibilities.
|
Local Liquor Licensing
Taupo District Council's Licensing Agency is the founding member of the Taupo Central Business District Alcohol Accord.
Members included in the Taupo CBD Alcohol Accord are: Licensed Premises Operators, the Taupo Police, Toi Te Ora Public Health, Hospitality Association of New Zealand (HANZ), and the Taupo Safer Community Council.
The purpose of the accord is to adopt responsible business practises toward the sale and consumption of liquor with a view to establishing a more pleasant and safer community.
All matters relating to the sale of liquor and the acquiring of licenses for special events at which alcohol will be sold or served to the public, can be discussed with Taupo District Council's Liquor Licensing Inspector by telephoning 07 376 0899, or emailing general@taupo.govt.nz.
Special Liquor Licence
What is a Special Licence?
A Special Licence is a licence to sell or supply liquor for consumption for a particular occasion or event or a series of such functions.
Do I need a Special Licence?
A Special Licence is required if liquor is to be:
- Sold at any function where there is no existing ON , OFF or CLUB Licence in force.
- Sold or supplied at any function on any unlicensed premises (ie. local hall).
- Sold or supplied at any function on any unlicensed premises which is open to the general public.
- Sold or supplied at a function for non club-members (includes the general public) held on CLUB premises.
- Sold outside the hours indicated in an existing ON Licence or CLUB Licence.
Note: The definition of the "sale" of liquor includes instances where liquor is provided at a function or event and the cost is included as part of the ticket entry or cover charge.
Criteria for a Special Licence
In considering the application the District Licensing Agency shall have regard to the following matters:
- The nature of particular occasion or event.
- The suitability of the applicant.
- The days and hours during which the applicant proposes to sell or supply liquor.
- The areas (if any) that are proposed to be designated as "restricted" or "supervised" areas.
- The steps proposed to be taken by the applicant to ensure that requirements of the Act are observed.
- The applicants proposals relating to sale and supply of non-alcoholic refreshments and food.
- The reports from the Police and the Inspector where applicable.
Lodging an Objection to a Liquor Application
Introduction
If you want to object to an application for a liquor licence, you must be in a position of 'greater interest' than the general public. This means you are someone who is likely to be more affected by the licence than most other people.
For example, a resident living in the same street as the proposed premises is in a position of 'greater interest' compared to someone living 10 kilometres away.
Even if that person living 10 kilometres away is concerned about the effects of alcohol on the community, they do not have a 'greater interest' in the application.
Grounds for Objection
The following may be grounds for objection:
• suitability of the applicant
• days and hours liquor is to be sold
• days and hours the club premises will be used for club activities
• proposed designation of the premises
• lack of enforcement for the minimum age requirements
• lack of non alcoholic refreshments and/or availability of food
• the sale and supply of goods and services other than liquor or food
Lodging an Objection
To object to an application, you must write a letter within 10 working days of the first public notice that appears in the newspaper. Your letter must:
• identify the proposed premises
• state your reasons for objection
• be addressed to the Secretary of the Taupo District Licensing Agency (DLA)
The staff at the DLA will acknowledge your objection and send a copy of your letter to the applicant.
Once the application is complete, it will be forwarded to the national Liquor Licensing Authority (LLA) with all relevant objection letters.
If the LLA believes it has enough information available, it will make a determination by way of a public hearing.
The LLA will notify you in writing of the hearing date and time. If your objection is in the form of a petition, please appoint a spokesperson.
LLA Hearing Procedures
At the LLA public hearing, the Registrar will ask all people who wish to have their say to complete an appearance slip for the file's records. The Judge will then explain the order of proceedings.
The liquor licence applicant or the applicant's agent begins proceedings by stating their case, giving evidence and calling witnesses in support of the application. The Applicant should come prepared with a brief of evidence outlining their case. This brief of evidence should contain a summary as to why the Application should be approved. The Police and DLA follow with their matters of opposition or concern. Finally, the objectors have their say. All parties are given the opportunity to ask the witnesses questions.
Once the hearing is complete, the LLA may reserve its decision. This means it retires to consider the material presented at the hearing and review the application. It may take up to 20 working days for a decision to be issued.
For more information
Taupo District Council
www.taupo.govt.nz
Taupo District Council
Private Bag 2005
Taupo Mail Centre
Taupo 3352