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LIQUOR LICENSING

 
Please select from the following options:
 
Types of Licence
On Licence
BYO
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.

Contact Us for Help
If you need help or support for any application or Sale of Liquor issue, please contact the Council for advice.


Types of Licence

On Licence

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:-
  • Restricted: Only over 18s may be presented.
  • supervised: Under 18s may be present if accompanied by their parents or guardians.
  • Undesignated: Anyone of any age may be present.
 
Application fee $776.00.

Application forms

BYO (Endorsed On Licence)

Allows for consumption of liquor brought to the premise by persons, and their guests present, for the purpose of dining

Application fee $132.

Application forms

Off Licence

  1. Allows liquor to be sold for consumption off the premises.
  2. Initially issued for one year and then may be renewed for up to three years after that.
  3. Supermarkets and grocery stores can only sell wine and beer.
  4. Application fee $776.00
  5. Application forms

Club Licence

Allows an Incorporated Society to sell liquor to members and their guests but does not allow sales to the general public.

  1. Initially issued for one year, but then may be renewed for up to three years after that.
  2. Any Club leasing land should first check if the lease will allow the sale of liquor.
  3. Application fee $776.00.
  4. Application forms

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Preparation

Resource Management Requirements

The site should be checked for the following:

  • The use to which the site will be put must be permitted in the zone.
  • Adequate parking must be provided.
  • Restrictions on trading hours for sites in or adjoining residential areas exist.
  • Maximum occupancy, (toilets, fire escapes etc).

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:

  • Structural alterations;
  • Fire safety and egress;
  • Disabled access

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Making a New Application

On, Off, Club Licence

Each application should include the following:

Three copies of the application

  1. Where the applicant is incorporated, a copy of the Certificate of Incorporation or other documentary evidence of its incorporation

  2. Where the applicant is a club a copy of the Club’s constitution or rules;

  3. A photograph of the exterior of the premises or an artists impression of the exterior of the proposed premises as they will look when they are finished

  4. A map or copy of a map or a portion of a map showing the location of the premises

  5. A scale plan showing:

  6. Those parts of the premises that are to be used for the sale or supply of liquor

  7. Those parts of the premises (if any) that the applicant intends should be designated as restricted areas or as supervised areas

  8. Each entrance to the premises that the applicant intends should be designated as a principal entrance

  9. Where the applicant is not the owner of the premises, a written statement from the owner to the effect that the owner has no objection to the grant of a licence

  10. A certificate by the Local Authority that the proposed use of the premises meets:

    i) The requirements of the Resource Management Act 1991

    ii) The requirements of the Building Code

     

  11. A copy of the full menu and bar menu proposed for the premises.

  12. A Host Responsibility Policy must be written addressing the following points:

  • Sale and supply of non alcoholic refreshments and food
  • Sale and supply of low alcohol beverages
  • Provision of assistance with, or information about alternative forms of transport from the licensed premises.
  • Restrictions on sale of liquor to minors and intoxicated persons.
  1. A Copy of at least one recent character reference.
  2. Covering letter about background and experience of applicant(s).

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; and

Within 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.

Processing Time

Approx. – 2 months

On Licence

$776.00

Off Licence

$776.00

Club Licence

$776.00

BYO

$132.00

Caterer

$132.00

Auctioneer

$132.00

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 Licences

On 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:

Sundays to Thursdays 8.00 am to 12.00 midnight

Fridays, Saturdays and Public Holidays 8.00 am to 2.00 am the following day.

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.

Temporary Authority

Allows a licensed premises to continue trading under the existing hours and conditions when a new operator takes over.

  • Issued for a maximum of three months, then can be renewed.
  • Licence applications in the name of the new owner must be lodged by the new operator within six weeks of the changeover.
  • May only be issued while the current licence held over the premises is valid.
  • At least two Character references should accompany the application.
 

Processing Time:

Two Weeks

Application Fee:

$132.00

Temporary Authority:

Application Forms

Special Licence

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:

  1. The nature of the club’s activity.
  2. The type or kind of occasions or events for which the licence is sought.
  3. Club membership.
  4. Any other consideration as determined by the Secretary, e.g. financial resources.

Should a licence be granted the following conditions would apply:

  1. The sale of liquor will be restricted to one occasion or event on a specified day per week.
  2. The maximum trading hours on the specified day shall not exceed four hours.
  3. The licence will be granted for a period of up to one year.
  4. The licence will be issued for a specified premises.

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.

Processing Time:

Two weeks

Application Fee:

$63.00

Special Licence

Application Forms

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Manager's Certificate

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.

Processing Time:

Approximately Two Months

Application Fee:

$132.00

Managers Certificate:

  • Application for Manager's Certificate

  • Application for Renewal of Manager's Certificate

Application forms and accompanying Police Authorisation form.  Both forms need to be completed and returned together.

 

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

LCQ Applications

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:-

  1. Proof of training [i.e. your NZQA record of achievement or the front page of the Transitional Test]

  2. A copy of your existing GM Certificate

  3. An application form [click here]

  4. A cheque for $20.00.

Undertakings

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.

Agency Policy

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.

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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.

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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.

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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:

  • Firearms and ammunition
  • Liquor
  • Second hand goods
  • Land not zoned residential (eg. commercial/industrial land)
  • Vouchers or entitlements for the above.

 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:

 

  • All proceeds of the lottery, after expenses and prizes, must be applied to the authorised purpose for which the lottery was conducted.
  • The police must be notified about the details of the lottery.
  • The tickets for the lottery must contain specific information.
  • Member-only lotteries must not be sold to non-members. Lotteries run in an entertainment context must be limited to that context.
  • The lottery must be conducted by a member of the society.
  • Prizes cannot be changed after tickets are first offered for sale.
  • Unsolicited tickets must not be distributed.
  • No-one other than an authorised employee of the  society can be paid for commission
  • Every ticket sold, and no other ticket, must be included in the draw.
  • The society cannot hold a ticket in its own name.
  • The drawing of the lottery must be open to the public.
  • The result of the draw must be declared within a specific time
  • The prize must only go to the purchaser of the winning ticket.
  • An audited statement of receipts, payments and details of those involved in conducting the lottery must be provided on request.
  • If the prize is unclaimed after 3 months, it must be disposed of in accordance with the Department of Internal Affairs' directions.

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Clutha District Council, PO Box 25, Balclutha