District Licensing Committee Hearings

Overview

Alcohol licence hearings are held where there is opposition to an alcohol licence application or where the District Licensing Committee (DLC) have concerns about an application. Hearings are an opportunity for all parties to put forward their arguments to the DLC in order to allow the DLC to make an informed decision on the application.

See details of upcoming hearings

Who appears at a hearing?

Hearings generally include the following people:

Taupō District Licensing Committee chair, secretary and two committee members
Alcohol Licence Inspector (of Council)
Medical Officer of Health Representative
New Zealand Police
Governance/admin staff
Applicant
Applicant's legal representative (if applicable)
Public objectors and their representatives
Any witnesses/submitters

The hearing process

The hearing follows an orderly process where parties present their arguments to the DLC in turn. Following changes to the Sale and Supply of Alcohol Act 2012 there is no longer any cross examination permitted between the parties. The only party at the hearing that can question any other party is the DLC. Public objectors should be ready to answer some questions from the DLC as part of this process.

Openings and introductions

The DLC will ask all parties to introduce themselves and clarify their positions on the applications. The DLC chair then gives an overview of the process and may incorporate various elements of tikanga relevant to their mana whenua for example, opening up the hearing with a karakia. Parties presenting evidence will also be asked to swear an oath (on a holy book such as the Bible) or give an affirmation (a solemn promise) that what they say will be the truth.

Applicant submission

The applicant always presents their case first. They can either ask for their evidence and submissions to be taken as read or they can present it to the DLC. Occasionally the DLC may require it to be read. The applicant can then call any witnesses they have to support their application.

Reporting agencies

The reporting agencies generally go next in turn and present their arguments. If unopposed they may have little to submit, but are likely to have more evidence if they are opposed. They may have indicated that they have questions of the applicant for the DLC to consider of the applicant and they must also answer questions from the committee.

Once the agencies have presented their evidence the DLC is likely to give the applicant an opportunity to respond to the evidence presented.

Objector submissions

Public objectors may choose to present their submissions or they may ask the DLC to take them as read. Objectors may also choose to highlight certain parts of their evidence which they think should have a focus for the DLC.

Public objectors may also call witnesses (assuming the DLC permit this) to add weight to their arguments. Its important that public objectors (and witnesses) stick to the original opposition criteria as they cant introduce any new evidence on the day of the hearing.

Closing statements

Each party is given an opportunity to summaries their arguments at the end of the round of submissions. This is a good chance to highlight any relevant matters and any relevant case law. The applicant typically gets the last say in the hearing.

Conclusion

Once all submissions have been heard the DLC usually retire to consider the arguments. In most cases the decision will be reserved which means that a decision wont be made on the day. Occasionally however the DLC do advise the parties of their decision at the time.

If the decision is reserved then all parties will be advised of the outcome in writing once the final decision has been released.

The decision

If a decision is not released on the day then the DLC will release it in writing once all matters are considered. All alcohol licence decisions are published on our website at link.

The DLCs decision is final once made however there is an appeals process should any party be dissatisfied with the decision.

Making an appeal

Under section 154 of the Sale and Supply of Alcohol Act 2012 any party to a proceedings may appeal that decision to ARLA (Alcohol Regulatory & Licensing Authority). Appeals must be made to ARLA within 10 working days of receiving the decision. The appeals process is completed outside of Councils regulatory role and as such the procedures for this are all set by ARLA.

Parties wishing to appeal decisions should check out ARLAs appeals page at https://www.justice.govt.nz/tribunals/arla/make-an-appeal-against-a-district-licensing-committee-decision/ and complete the required paperwork and pay the specified fee. Parties should note that the DLC decision will stand until ARLA make their decision to either overturn the DLC decision or not. The appealing party must serve the notice of appeal to each of the parties at the hearing, including the DLC secretary who will advise the DLC.

All appeals are completed by way of a rehearing. This will mean a more formal hearing conducted by ARLA.