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Off Licence Club Licence Preparation Resource Management Requirements Building Requirements Making an Application On, Off and Club Licence Temporary Authority Special Licence Managers Certificate LCQ Applications Undertakings Agency Policy Clean Slate Impact of the 'Clean Slate' legislation Re-definition/Re-designation Seeking re-definition or changing designations Raffles Rules for raffles and lotteries Liquor Licence Applications should be lodged with the District Licensing Agency, for processing. Unopposed applications, Renewal applications, Special Licences and Temporary Authorities are granted by the Agency. All other applications will be sent to the Liquor Licensing Authority in Wellington for determination.
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Us for Help Allows liquor to be sold for consumption on the premises only. Initially issued for one year, and then may be renewed for up to three years after that.The hours of trade may be limited in accordance with the Council’s Sale of Liquor Policy (20 July 2000). The entire premise or specified areas may be designated as:-
Allows for consumption of liquor brought to the premise by persons, and their guests present, for the purpose of dining Application fee $132.
Allows an Incorporated Society to sell liquor to members and their guests but does not allow sales to the general public.
Resource Management Requirements The site should be checked for the following:
Advice can be obtained by phoning a planning officer (03) 418 1350. Building requirements in relation to Liquor Licensing Advice regarding the following can be obtained from a Building Control Officer, phone (03) 418 1350:
Each application should include the following: Three copies of the application
Within 10 working days after filing the application, give public notice of the application in the attached prescribed form. Public notice is required to be given twice in a newspaper circulating throughout the district, the second notice being not less than 5 nor more than 10 days after the first notice. Please forward full page newspapers copies of your advertisements to this office; andWithin 10 working days after filing the application, you must ensure that an A4 sized copy of the public notice is attached in a conspicuous place where it is clearly visible from the exterior of the premises to members of the general public.
Compliance With Food Hygiene Regulations 1974 The premises must also comply with these regulations before a liquor licence can be issued. Contact Council’s Environmental Health Officer for advice phone (03) 418 1350. On LicencesOn Licence premises in or adjacent to a residential activity is restricted as follows: Monday to Saturday 7.00 am to 3.00 am the following day Sunday 7.00 am to 12.00 midnight These hours are intended as a guide only and may be modified by the District Licensing Agency where it is appropriate to do so in extraordinary circumstances. On Licence premises that are not in or adjacent to residential activity are restricted as follows: The Agency will not impose any general restrictions on the hours of operation where a premises is not adjacent to a residential activity, but will consider each application on its merits. This will effectively provide the opportunity for some premises to obtain a 24 hour licence. Off Licences In general the hours for Off Licences which are run in conjunction with an On Licence, will be restricted in the same manner as the On Licence. The Agency will not impose general restrictions on the hours of operation where a stand-alone Off Licence premises is not adjacent to a residential activity, or an Off Licence is run in conjunction with a supermarket or grocery store, but will be obliged to follow any national policy as guided by the Liquor Licensing Authority. Club Licences Clubs, like On Licences, can have an adverse effect on adjacent residential activities. However, because of the diversity of activities and locations of clubs, it is not practical to impose specific restrictions in respect of types of clubs in residential or non residential areas. In general the hours of operations for chartered clubs will be considered in the same manner as for On Licences. Sports clubs licences should be consistent with the activity occurring and generally fall within the following parameters:
These are not standard hours and the Agency will consider each particular application on its merits with more restrictive hours being appropriate in some residential areas. Allows a licensed premises to continue trading under the existing hours and conditions when a new operator takes over.
Special Licence Criteria A special licence can be issued pursuant to either Section 73 or 74 of the Act. A special licence issued under Section 73 authorises the holder of the licence to sell and supply liquor on the premises or conveyance described in the licence to anyone attending any occasion or event or series of occasions or events described in the licence. A special licence issued under Section 74 authorises the holder of an on or club licence to sell and supply liquor for consumption on the premises, at any time when the premises are required to be closed for the sale of liquor, to persons attending social gatherings of any kind specified in the licence. A special licence can be issued for any lawful activity that does not fall into the regular activity of any other category of licence specified in the Act. A special licence will not be issued where, in the opinion of the District Licensing Agency, the extent and regularity of the activity is such that an on, off or club licence is required. The Secretary may, in circumstances where there is likely to be an effect beyond the immediate vicinity in granting a special licence, require that the application be publicly notified. In respect to small clubs, Council recognises that it is beyond the resources of some small clubs to meet the criteria and expense of obtaining a Club Licence. The District Licensing Agency will therefore consider applications for special licences by small clubs for a series of events. Matters which will be taken into consideration are:
Should a licence be granted the following conditions would apply:
There must also be provision for the availability of food and non alcoholic beverages. It is considered that these criteria are restrictive enough to ensure that a special licence is not a viable option for larger clubs and at the same time makes the many small clubs operating throughout the District aware of their responsibilities under the Sale of Liquor Act. All new applications for special licences for small clubs will be considered by the Agency Committee. Re-application of such licences will be reviewed by the Secretary and may be referred to the Agency Committee for determination. Notwithstanding the provision for small clubs in general, a special licence will be issued for activities on unlicensed premises for up to 6 occasions on any one licence, and shall not continue in force for longer than 12 months. Where an application seeks an amendment to an issued special licence, an additional administration fee may be charged.
The holder of a General Manager’s Certificate must be on duty at all times when liquor is available for sale to the public in an On or Off Licensed premises. The holder of a Club Manager’s Certificate or General Manager’s Certificate must be appointed and readily available for all Club Licensed premises.
For further information on Manager's Certificates click here Host Responsibility District Licensing Agency can provide information posters and signs on Host Responsibility issues. A good range is also available from Public Health South, 57 Hanover Street, Dunedin - phone (03) 474 1700, or you can obtain a complete guide for host responsibilties from www.alcohol.org.nz 18+ Identification Card An application form for the 18+ card is available on line from www.alcohol.org.nz The Licence Controller Qualification has been introduced as from the 21st March 2005. Transitional arrangements have been included to enable the new provisions to take affect smoothly. This is how they will affect new applicants and existing certificate holders .... New Applicants New applicants for General Managers’ Certificates are advised to have attended a course from an NZQA accredited training provider or via an approved HSI registered assessor. Details of these are available on the HSI website at www.hsi.co.nz If a non-accredited training provider is used it will not be possible to renew a Certificate unless further training has been undertaken as recommended above. After the 1st April 2006 only qualifications gained through an NZQA accredited training providers or HSI registered assessors will be acceptable for new applicants. The Clutha District Council District Licensing Agency has for some time been recommending that people undertake training via this route rather than through a non-accredited source. The cost of this training is currently less than $400. Existing Certificate Holders After the 21st March applications for the renewal of General Managers' Certificates [note that this does not apply to Cub Managers] from existing General Managers Certificate holders will only be approved for a period of two years unless they have obtained their LCQ. A ‘transition test’ will be available via HSI approved training providers which will enable experienced managers to demonstrate their knowledge. We understand that the cost of this test should be in the region of $80- $100. After 1st April 2006 the LCQ must be obtained [via the Transition Test or undergoing the full course] before renewals may be issued. In order to apply it will be necessary to submit to the HSI [click here to visit their website for further details] the following documents:-
Where applicants for General Managers Certificates are only able to demonstrate experience within an Off Licence environment, the District Licensing Agency will request that they complete an Undertaking. This will result in an endorsement on their Certificate when it is finally issued. The effect of this endorsement will be to restrict the applicant from managing within an On Licence environment until such time as they have demonstrated adequate experience. This is normally a minimum of 6 months for tavern style On Licences. Please click here to download an Undertaking form. Click here to view the Clutha Licensing Agency Sale of Liquor Policy in full. The Council has reviewed its policy in 2007 and the next review will be undertaken in 2012. Impact of the Criminal Records (Clean Slate) Act 2004 for Managers Certificates The Criminal Records (Clean Slate) Act 2004 commences on Monday 29 November 2004. The Act will enable individuals who satisfy all of the eligibility criteria to conceal all of their convictions in most circumstances. It sets a high threshold for eligibility. The general criteria for obtaining the benefits of the 'clean slate' scheme are set out below. Section 7 of the Act should be consulted for full information. The individual must have: • no convictions within the last 7 years; • never been sentenced to a custodial sentence (e.g. imprisonment, corrective training, borstal); • never been ordered by a Court during a criminal case to be detained in a hospital due to his/her mental condition, instead of being sentenced; • not been convicted of a "specified offence" (e.g. sexual offending against children and young people or the mentally impaired ‑ see interpretation section for a full list); • paid in full any fine, reparation or costs ordered by the Court in a criminal case; • never been indefinitely disqualified from driving under section 65 of the Land Transport Act 1998 or an earlier equivalent provision (section 65 relates to mandatory penalties for repeat offences involving use of alcohol or drugs). There are some exceptions under section 19 of the Act where all convictions must continue to be disclosed. However, no exception applies for the purposes of determining applications for manager's certificates under the Sale of Liquor Act 1989. Section 21 of the Criminal Records (Clean Slate) Act 2004 provides that any reference in a provision to an individual's criminal record or character or fitness must be interpreted in a way that is consistent with the clean slate scheme. Therefore, where an individual is eligible for a "clean slate", he or she will be entitled to conceal their criminal record, and their criminal record would not be accessed or used when determining whether or not the individual is a "fit and proper person". There is additional information about the legislation on the Ministry of Justice website: http://www.iustice.govt.nz/privacy/clean‑slate.html In addition, the Ministry has produced a pamphlet which will be available on the website as well as at courts, police stations, citizens advice bureaux and community law centres. Seeking Re-definition or Re-designation of Licensed Premises An application form is now available for purposes of seeking changes to the defined areas included within a license or the designations that are applied. Please click here for the form. Rules for Raffles and Lotteries We are sometimes asked what the rules are governing raffles and lotteries. Many Clubs and Societies will run these from time to time and it can be difficult to establish precisely what the rules are governing these activities. Here are the main points that we think you will find useful:- Raffles When holding a raffle there are a number of things a club needs to be aware of. Items that cannot be used as prizes are:
Small Lotteries Exemption from s 34 of the Gaming and Lotteries Act 1977 Where prizes in total in a lottery do not exceed $500, you do not need a licence. However, the Act still requires you to follow some rules. Section 34(1) of the Act sets out those rules, which ``can be briefly stated as follows:
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Clutha District Council, PO Box 25, Balclutha |