Alcohol Licensing

Making a new application

Each application should include the following;

1. A completed copy of the application form.
2. Where the applicant is a company, a copy of the company certificate is to be included.
3. Where the applicant is Incorporated, a copy of the Certificate of Incorporation or other documentary evidence of its Incorporation.
4. Where the application is a club, a copy of the Club's constitution or rules.
5. A photograph of the exterior of the premises or an artist's impression of the exterior of the proposed premises as they will look when they are finished.
6. A map or copy of a map or a portion of a map showing the location of the premises.
7. The application should also include a scale plan showing;
   Those parts of the premises that are to be used for the sale or supply of alcohol;
   Those parts of the premises (If any) that the applicant intends should be designated as restricted areas or supervised areas;
   Each entrance to the premises that the applicant intends should be designated as a principal entrance;
8. 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 must be included.
9. A certificate by the Local Authority that the proposed use of the premises meets;
   The requirements of the Resource Management Act 1991.
   The requirements of the Building Code.
10. A copy of the full menu and bar menu proposed for the premises;
11. 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,
12. Provision of assistance with, or information about, alternative forms of transport from the licenced premises,
13. Restrictions on sale of alcohol to minors and intoxicated persons
14. A copy of at least one recent character reference;
15. 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. (Licensing staff will help formulate your ad). Public notice is required to be given twice in a newspaper circulating throughout the District, the second notice being not less than 5 or more than 10 days after the first notice. Please forward full page newspaper 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.

Compliance with Food Act 2014

The premises must also comply with these regulations before an alcohol licence can be issued. Contact Clutha District Council for advice on 03 419 0200.

District Licensing Committee & decisions

The District Licensing Committee considers and determines all new and renewal applications for alcohol licences and manager's certificates.

The District Licensing Committee members for the remainder of the 2020-2025 term are Bruce Vollweiler (Chair) Carol Sutherland, Wayne Felts, Tanya Surrey and Jeff McKenzie.

All licence applications are required to be publicly notified. All public notices are published preferably in the Clutha Leader or a newspaper freely delivered in the district or in the ODT or Southland Times.

The public can object to an application for an alcohol license if they have 'greater interest' than the public in general, e.g. you are likely to be more directly affected by the licence than most other people. For example, if you live in the same street as the proposed premises you could be in a position of greater interest, compared with someone who lives 10km away and has concerns about the effects of alcohol on the community.

If there are no objections the application may be granted without a public hearing. If there are objections a public hearing will be held unless the objection is deemed vexatious or the applicant does not require a hearing.

Your objection must be in writing and must be sent to the Council's Alcohol Licensing staff within 15 working days after the date of the first public notice.

Clutha District Council
PO Box 25
Balclutha, 9240

Your objections must relate to matters listed in Section 105 of the Sale and Supply of Alcohol Act 2012 (the Act). You must make specific reference to these matters in your letter.

If you were a party to proceedings and disagree with the decision you can appeal to the Alcohol Regulatory and Licensing Authority (ARLA). Appeals are dealt with by way of a rehearing. You need to give a notice of appeal to ARLA within 10 working days of the date of the decision being notified to you. There is a cost for filing an appeal. For more information on appeals go to the Ministry of Justice Alcohol Regulatory and Licensing Authority webpage.

Decisions made by the Committee are publicly available, please contact our Regulatory Department on 0800 801 350 for a copies of decisions.

Types of licence

On Licence

• Allows alcohol 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 Act.

The entire premise or specified area may be designated as:-

• Restricted; Only over 18's may be presented.
• Supervised; Under 18's may be present if accompanied by their parents of guardians.
• Undesignated; Anyone of any age may be present.

BYO (Endorsed on Licence)

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

Off Licence

• Allows alcohol to be sold for consumption off the premises.
• Initially issued for one year and then may be renewed for up to three years after that.
• Supermarkets and grocery stores can only sell wine and beer.

Club Licence

• Allows an Incorporated Society to sell alcohol to members and their guests but does not allow sales to the general public.
• Initially issued for one year, but then may be renewed for up to three years after that.
• Any Club leasing land should first check if the lease will allow sale of alcohol.

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 the Regulatory Department on 03 419 0200.

Building requirements in relation to alcohol licensing

Advice regarding the following can be obtained from a Building Control Officer, please phone 03 419 0200.

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

On Licences

On licence premises in or adjacent to a residential activity is restricted as follows;

• Monday to Saturday 7.00am to 3.00am the following day;
• Sunday 7.00am to 12.00 midnight

These hours are intended as a guide only and may be modified by the District Licensing Committee 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 Committee 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 Licence

In general, the hours for Off Licenses which are run in conjunction with an On Licence, will be restricted in the same manner as the On Licence.

The Committee will not impose general restriction 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 ARLA.

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 operation for chartered clubs will be considered in the same manner as for On Licences.

Sports club licences should be consistent with the activity occurring and generally fall within the following parameters;

• Sunday to Thursday 8.00am to 12.00 midnight.
• Friday, Saturday and Public Holidays 8.00am to 2.00am the following day.

These are not standard hours, and the Committee will consider each particular application on its merits with more restrictive hours being appropriate in some residential areas.

Temporary Authority

A downloadable application form can be found at the top of this page.

• 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 reviewed;
• 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.

Special Licence

A downloadable application form can be found at the top of this page.

Alcohol Licence Applications should be lodged with the District Licensing Committee, for processing. Unopposed applications, renewal applications, special licences and temporary authorities are granted by the Committee. Opposed applications will be heard by the District Licensing Committee.

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 Licencing Committee, the extent and regulatory 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 Committee will therefore consider applications for special licences by small clubs for a series of events. Matters which will be taken into consideration are;

• The nature of the Club's activity,
• The type of kind of occasion or events for which the licence is sought.,
• Club membership;
• Any other consideration as determined by the Secretary e.g. financial resources.

Should a licence be granted, the following conditions would apply;

• The sale of alcohol will be restricted to one occasion or event on a specified day per week.
• The maximum trading hours on the specified day shall not exceed four hours,
• The licence will be granted for a period of up to one year,
• 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 and Supply of Alcohol Act 2012.

All new applications for special licences for small clubs will be considered by the Committee.

Notwithstanding the provision for small clubs in general, a special licence will be issued for activities or 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 and amendment to an issued special licence, an additional administration fee may be charged.

Manager's Certificates

Types of managers

A downloadable application form can be found at the top of this page

There are three types of manager. In most cases he or she will need to hold a current manager's certificate.

Manager

A manager holds Manager's Certificate issued pursuant to the Act. They have a variety of statutory powers and obligations.

A manager must be on duty at all times when alcohol is being sold from a licensed premises. He or she is responsible for compliance with the Act and the conditions of the licence. The manager must also have his or her name prominently displayed inside the premises at all times while on duty.

Temporary manager

A temporary manager can be appointed if a manager is ill or absent for any reason or is dismissed, or resigns. The licensee may appoint a person who is not the holder of a manager's certificate as a temporary manager.

The person appointed as a temporary manager must apply for a manager's certificate within 2 working days. He or she may then continue as a temporary manager until the application for a manager's certificate is determined.

Acting manager

The licensee can appoint someone who does not hold a managers' certificate as an acting manager for any period not exceeding three weeks at any one time.

Acting managers cannot be appointed at a premise for more than 6 weeks in total in a 12-month period.

Notification of change of manager

The Sale and Supply of Alcohol Act requires licensees to notify the DLC and Police in the appropriate district of any changes of manager including any appointments of temporary or

Host responsibility

District Licensing Committee can provide information posters and signs on Host Responsibility issues. A good range is also available from Public Health South, 57 Hanover Street, Dunedin 03 474 1700, or you can obtain a complete guide for host responsibilities from alcohol.org.nz

Undertakings

Where applicants for Manager's Certificate are only able to demonstrate experience within an Off Licence environment, the District Licensing Committee 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.

Local Alcohol Policy

Information about Council's position on a Local Alcohol Policy is available on our Policies Page.

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 designation that are applied.

District licensing committee annual report

Each year Clutha District Council is required to report on a variety of Alcohol Licensing-related matters to the Alcohol Regulatory Licensing Authority. This is done by way of an annual report. Read the latest annual report.

Fees and charges

Please refer to our Fees and Charges page for the latest costs associated with alcohol licensing.