Sale of Liquor Amendment Regulations 2000

2000/16

Sale of Liquor Amendment Regulations 2000


Note

These regulations are administered in the Ministry of Justice.


Pursuant to section 229 of the Sale of Liquor Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • (1) These regulations are the Sale of Liquor Amendment Regulations 2000.

    (2) In these regulations, the Sale of Liquor Regulations 19901 are called the principal regulations.

2 Commencement
  • These regulations come into force on 1 April 2000.

3 Interpretation
  • (1) Regulation 2 of the principal regulations is amended by revoking the definition of the term Medical Officer of Health, and substituting the following definition:

    Medical Officer of Health has the meaning given to that term in section 2(1) of the Health Act 1956.

    (2) Regulation 2 of the principal regulations is amended by omitting the words the First Schedule to these regulations, and substituting the expression Schedule 1.

4 Forms prescribed
  • Regulation 3(1) of the principal regulations is amended by omitting the words the First Schedule to these regulations, and substituting the expression Schedule 1.

5 Notice of application
  • Regulation 4 of the principal regulations is amended by revoking subclause (2), and substituting the following subclause:

    • (2) As soon as possible after the second publication of the notice, and before the hearing or determination of the application, the applicant must deliver a copy of each public notice and details of the dates and newspapers in which the notice was published for the first and second time to the Secretary of the District Licensing Agency or (as the case may require) to the Secretary of the Licensing Authority.

6 New regulation 4A inserted
  • The principal regulations are amended by inserting, after regulation 4, the following regulation:

    4A Fixing copies of applications
    • (1) The notice required by section 9(5), 16(2A), 18(4), 31(4), 39(2A), 41(4), 55(4), 62(2A), 64(4), or 76(4) of the Act must be in form 1A.

      (2) The notice must be printed on paper that is at least of International size A4 and the print must be legible and prominent.

7 Application for on-licence
  • (1) Regulation 5(3)(c) of the principal regulations is amended by omitting the words or under the provisions of any previous enactment relating to the sale of liquor.

    (2) Regulation 5(3) of the principal regulations is amended by revoking paragraph (d), and substituting the following paragraph:

    • (d) (where the applicant is a board, organisation, or body to which section 8(1)(bb) of the Act applies) a reference to the Act under which the applicant is authorised to sell liquor or hold an on-licence under the Act:.

    (3) Regulation 5(3) of the principal regulations is amended by inserting, after paragraph (e), the following paragraph:

    • (ea) (where the application is made in respect of any conveyance that is a ship, ferry, hovercraft, or aircraft) a current Safe Ship Management Certificate (if a ship, ferry, or hovercraft) or a current certificate of airworthiness (if an aircraft):.

    (4) Regulation 5(3) of the principal regulations is amended by inserting, after paragraph (j), the following paragraph:

    • (ja) a menu or other indication of the standard and style of food to be provided or proposed to be provided:.

8 On-licence
  • Regulation 6(3) of the principal regulations is amended by inserting, after the words Licensing Authority, the words or District Licensing Agency, as the case may be,.

9 Definition of licensed premises
  • (1) Regulation 7(1) of the principal regulations is amended by inserting, after the word Authority, the words or District Licensing Agency.

    (2) Regulation 7(2) of the principal regulations is amended by inserting, after the word Authority, the words or District Licensing Agency.

10 Application for off-licence
  • (1) Regulation 8(2)(c) of the principal regulations is amended by omitting the words or under the provisions of any previous enactment relating to the sale of liquor.

    (2) Regulation 8(2) of the principal regulations is amended by revoking paragraph (d), and substituting the following paragraph:

    • (d) (where the applicant is a board, organisation, or body to which section 30(1)(bb) of the Act applies) a reference to the Act under which the applicant is authorised to sell liquor or hold an off-licence under the Act:.

    (3) Regulation 8(2) of the principal regulations is amended by revoking paragraph (j), and substituting the following paragraph:

    • (j) (where the application relates to a grocery store) particulars of the principal business of the store, including evidence and certified accounts showing the percentage of turnover that is derived from the sale of main order household foodstuffs:.

    (4) Regulation 8(2) of the principal regulations is amended by inserting, after paragraph (m), the following paragraph:

    • (ma) (where the application relates to the business of a caterer) evidence to show that the applicant is or will be conducting the business of a caterer, including the frequency and types of functions that are or are proposed to be catered for:.

11 Off-licence
  • Regulation 9(2) of the principal regulations is amended by inserting, after the words Licensing Authority, the words or District Licensing Agency, as the case may be,.

12 Definition of licensed premises
  • (1) Regulation 10(1) of the principal regulations is amended by inserting, after the word Authority, the words or District Licensing Agency.

    (2) Regulation 10(2) of the principal regulations is amended by inserting, after the word Authority, the words or District Licensing Agency.

13 Application for club licence
  • Regulation 11(2) of the principal regulations is amended by inserting, after paragraph (i), the following paragraph:

    • (ia) a schedule of the club's activities that includes the days and hours during which the premises are used for those activities.

14 Club licence
  • (1) Regulation 12(2) of the principal regulations is amended by inserting, after the words Licensing Authority, the words or District Licensing Agency, as the case may be,.

    (2) Regulation 12(2)(a) of the principal regulations is amended by adding the words or supplied or consumed.

15 Definition of licensed premises
  • (1) Regulation 13(1) of the principal regulations is amended by inserting, after the word Authority, the words or District Licensing Agency.

    (2) Regulation 13(2) of the principal regulations is amended by inserting, after the word Authority, the words or District Licensing Agency.

16 Application for special licence
  • Regulation 14(3) of the principal regulations is amended by revoking paragraph (b), and substituting the following paragraph:

    • (b) (where the applicant is a board, organisation, or body to which section 75(bb) of the Act applies) a reference to the Act under which the applicant is authorised to sell liquor or hold an on-licence under the Act:.

17 Application for manager's certificate
  • Regulation 20(2) of the principal regulations is amended by revoking paragraphs (b) and (c), and substituting the following paragraphs:

    • (b) (where the applicant claims previous experience in managing licensed premises) evidence in duplicate of previous experience, in particular recent experience:

    • (c) (where the applicant claims relevant training or qualifications) evidence in duplicate of relevant training, in particular recent training, and evidence of relevant qualifications:.

18 Annual return
  • Regulation 22 of the principal regulations is revoked.

19 Records to be kept by Secretary of Licensing Authority
  • (1) Regulation 24 of the principal regulations is amended by revoking paragraph (a), and substituting the following paragraphs:

    • (a) where the application is to be determined by the Licensing Authority, the date on which a complete file relating to an application under the Act is received from a District Licensing Agency:

    • (aa) where the application has been determined by a District Licensing Agency, the date on which the particulars required by section 221(4) of the Act are received from the District Licensing Agency:.

    (2) Regulation 24 of the principal regulation is amended by adding the following paragraph:

    • (g) a copy of the licence or certificate, or renewal of licence or certificate, as the case may be.

20 New regulations 29 and 30 substituted
  • The principal regulations are amended by revoking regulations 29 and 30, and substituting the following regulations:

    29 Fees payable to District Licensing Agency
    • (1) Fees of the following amounts are payable to the appropriate District Licensing Agency in respect of the following applications:

        $
      (a)on making application under section 9 of the Act for the grant of an on-licence, or under section 16 of the Act for the variation or cancellation of any condition of an on-licence, or under section 18 of the Act for the renewal of an on-licence, (except in any case where the licence is endorsed under section 28 of the Act)...................................................................
      776.00
      (b)on making application under section 9 of the Act for an on-licence to be endorsed under section 28 of the Act, or under section 16 of the Act for the variation or cancellation of any condition of an on-licence endorsed under section 28 of the Act, or under section 18 of the Act for the renewal of an on-licence endorsed under section 28 of the Act...................................................................
      132.00
      (c)on making application under section 24 of the Act for authority to carry on the sale and supply of liquor on any premises or conveyance in respect of which an on-licence is in force, or under section 47 of the Act for authority to carry on the sale and delivery of liquor on or from any premises in respect of which an off-licence is in force...................................................................
      132.00
      (d)on making application under section 31 of the Act for an off-licence, or under section 39 of the Act for the variation or cancellation of any condition of an off-licence, or under section 41 of the Act for the renewal of an off-licence, (except where the licence is endorsed under section 51 or section 52 of the Act)...................................................................
      776.00
      (e)on making application under section 31 of the Act for an off-licence to be endorsed under section 51 or section 52 of the Act, or under section 39 of the Act for the variation or cancellation of any condition of an off-licence endorsed under section 51 or section 52 of the Act, or under section 41 of the Act for the renewal of an off-licence endorsed under section 51 or section 52 of the Act...................................................................
      132.00
      (f)on making application under section 55 of the Act for the grant of a club licence, or under section 62 of the Act for the variation or cancellation of any condition of a club licence, or under section 64 of the Act for the renewal of a club licence...................................................................
      776.00
      (g)on making application under section 76 of the Act for a special licence...................................................................
      63.00
      (h)on making application under section 118 of the Act for the grant of a manager's certificate, or under section 123 for the renewal of a manager's certificate...................................................................
      132.00
      (i)on making application under section 221 of the Act for an extract from any record or register...................................................................
      23.00
      (j)on making application under section 228 of the Act for authority to sell liquor pursuant to a special licence on or from any premises or conveyance other than the licensed premises...................................................................
      132.00.

      (2) Out of each fee payable under paragraph (a) or paragraph (d) or paragraph (f) of subclause (1), the District Licensing Agency must pay to the Licensing Authority $248.

      (3) Out of each fee payable under paragraph (b) or paragraph (e) or paragraph (h) of subclause (1), the District Licensing Agency must pay to the Licensing Authority $42.

    30 Fees payable to Licensing Authority
    • Fees of the following amounts are payable to the Licensing Authority in respect of the following matters:

        $
      (a)on giving notice of appeal under section 137 of the Act against a decision of a District Licensing Agency...................................................................
      322.00
      (b)on making application under section 220 of the Act for an extract from any record or register...................................................................
      23.00
      (c)on making application under section 228 of the Act for authority to sell liquor pursuant to an on-licence or an off-licence or a club licence on or from any premises or conveyance other than the licensed premises...................................................................
      132.00
      (d)for every permanent club charter an annual fee of...................................................................
      1035.00.
21 Request to constitute licensing trust
  • Regulation 34 of the principal regulations is amended by omitting the expression 28, and substituting the expression 26.

22 Written notice requiring poll
  • Regulation 37 of the principal regulations is amended by omitting the expression 29, and substituting the expression 27.

23 Transitional regulations revoked
  • The principal regulations are amended by revoking regulations 42, 43, and 44.

24 New Schedule 1 substituted
  • The principal regulations are amended by revoking Schedule 1, and substituting the Schedule 1 set out in the Schedule.

25 Revocations

Schedule
New Schedule 1 substituted

r 24

Schedule 1
Prescribed forms

Form 1
Public notice

r 4

Sections 9(4), 16(2), 18(3), 31(3), 39(2), 41(3), 55(3), 62(2), 64(3), and 76(4), Sale of Liquor Act 1989

[Full name, address, and occupation of applicant] has made application to the District Licensing Agency at [Place] for the grant (or renewal) of a [Specify type of licence] in respect of the premises situated at [Address] (or the [Specify type of conveyance] known as ...).

The general nature of the business conducted (or to be conducted) under the licence is [Type of business, for example, hotel, tavern, restaurant, entertainment/night club].

The days on which and the hours during which liquor is (or is intended to be) sold under the licence are [Specify days and hours].

The application may be inspected during ordinary office hours at the office of the ... District Licensing Agency at [Number, street, and town].

Any person who is entitled to object and who wishes to object to the grant of the application may, not later than 10 working days after the date of the first publication of this notice, file a notice in writing of the objection with the Secretary of the District Licensing Agency at [Full postal address].

This is the first (or second) publication of this notice. *The first publication was made on [Date].

*Delete where not applicable

Form 1A
Public notice

r 4A

Sections 9(5), 16(2A), 18(4), 31(4), 39(2A), 41(4), 55(4), 62(2A), 64(4), and 76(4), Sale of Liquor Act 1989

[Full name, address, and occupation of applicant] has made application to the District Licensing Agency at [Place] for the grant (or renewal) of a [Specify type of licence] in respect of the premises situated at [Address] (or the [Specify type of conveyance] known as ...).

The general nature of the business conducted (or to be conducted) under the licence is [Type of business, for example, hotel, tavern, restaurant, entertainment/night club].

The days on which and the hours during which liquor is (or is intended to be) sold under the licence are [Specify days and hours].

The application may be inspected during ordinary office hours at the office of the ... District Licensing Agency at [Number, street, and town].

Any person who is entitled to object and who wishes to object to the grant of the application may, not later than 10 working days after the date of the first publication of notice of the application in a newspaper or newspapers in accordance with the Act, file a notice in writing of the objection with the Secretary of the District Licensing Agency at [Full postal address].

Form 2
Application for on-licence (for premises)

r 5(1)

Section 9, Sale of Liquor Act 1989
.
.
.
.

Form 3
Application for on-licence (for conveyance)

r 5(1)

Section 9, Sale of Liquor Act 1989
.
.
.
.

Form 4
On-licence (for premises)

r 6(1)

Sections 7 and 114, Sale of Liquor Act 1989

Authority (Omit this section in any case where the licence is endorsed under section 28 of the Act.)

Pursuant to the Sale of Liquor Act 1989, [Full name] is authorised to sell and supply liquor, on the premises situated at [Number, street, and town] and known as [Trading name of premises], for consumption on the premises, to any person present on the premises, and to allow the consumption of liquor on the premises.

Endorsement (To be included only in the case of a BYO restaurant where the licence is endorsed under section 28 of the Act.)

Section 28 of the Act applies to this licence.

[Full name] is authorised—

  • (a) to allow the consumption of liquor in the restaurant situated at [Number, street, and town] and known as [Name of premises] by any person who is there for the purpose of dining, if the liquor is brought to the restaurant by that person or any other person dining with that person; and

  • (b) to sell and supply any food or hot beverage of which liquor is an ingredient for consumption in the restaurant by any person who is there for the purpose of dining, if the food or beverage as supplied to that person contains not more than 14.33% alcohol by volume.

Except as stated in paragraph (b) above, this licence does NOT authorise the licensee to sell or supply liquor to any person.

(Except in the case of a BYO restaurant where the licence is endorsed under section 28 of the Act) the authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Part 6 of the Act.

Conditions

This licence is subject to the following conditions:

  • (a) The licensee must have available for consumption on the premises, at all times when the premises are open for the sale of liquor, a reasonable range of non-alcoholic refreshments:

  • (b) (In the care of a hotel or tavern only) no liquor is to be sold or supplied on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac Day to any person other than—

    • (i) any person who is for the time being living on the premises, whether as a lodger or an employee of the licensee, or otherwise; or

    • (ii) any person who is present on the premises for the purpose of dining:

  • (c) (In the case of a hotel or tavern only) the whole (or the following part or parts) of the premises is designated as—

    • (i) a restricted area: ...

    • (ii) a supervised area: ...

  • *(d) Liquor may be sold only on the following days and during the following hours: ...

  • *(e) Food must be available for consumption on the premises as follows: ...

  • *(f) Low-alcohol beverages must be available for sale and supply on the premises as follows: ...

  • *(g) The following steps must be taken by the licensee to provide assistance with or information about alternative forms of transport from the licensed premises: ...

  • *(h) The following other steps must be taken to promote the responsible consumption of liquor: ...

  • *(i) The following steps must be taken by the licensee to ensure that the provisions of the Act relating to the sale of liquor to prohibited persons are observed: ...

  • *(j) The whole (or each of the following parts) of the premises is designated as—

    • (i) a restricted area: ...

    • (ii) a supervised area: ...

  • *(k) Liquor may be sold or supplied only to the following persons or types of persons: ...

*Delete where not applicable

Duration

Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence continues in force—

  • (a) until the close of the period of 1 year commencing with the date of its issue: or

  • (b) if an application for the renewal of the licence is duly made, until the application is determined; or

  • (c) if the licence is renewed, until the close of the period for which it is renewed.

Dated at ... this ... day of ............. 20.............

  
 Secretary, Liquor Licensing Authority
 (or District Licensing Agency)

Form 5
On-licence (for conveyance)

r 6(2)

Sections 7 and 114, Sale of Liquor Act 1989

Authority (Omit this section in any case where the licence is endorsed under section 28 of the Act.)

Pursuant to the Sale of Liquor Act 1989, [Full name] is authorised to sell and supply liquor, on the [Type of conveyance] known as [Name of conveyance], based at [Home base], for consumption on the conveyance, and to allow the consumption of liquor on the conveyance.

Endorsement (To be included only in the case of a BYO restaurant where the licence is endorsed under section 28 of the Act.)

Section 28 of the Act applies to this licence.

[Full name] is authorised—

  • (a) to allow the consumption of liquor in the restaurant situated on the [Type of conveyance] known as [Name of conveyance], based at [Home base], by any person who is there for the purpose of dining, if the liquor is brought to the restaurant by that person or any other person dining with that person; and

  • (b) to sell and supply any food or hot beverage of which liquor is an ingredient for consumption in the restaurant by any person who is there for the purpose of dining, if the food or beverage as supplied to that person contains not more than 14.33% alcohol by volume.

Except as stated in paragraph (b) above, this licence does not authorise the licensee to sell or supply liquor to any person.

(Except in the case of a BYO restaurant where the licence is endorsed under section 28 of the Act) the authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Part 6 of the Act.

Conditions

This licence is subject to the following conditions:

  • (a) The licensee must have available for consumption on the conveyance, at all times when the conveyance is open for the sale of liquor, a reasonable range of non-alcoholic refreshments:

  • *(b) Liquor may be sold only on the following days and during the following hours:

  • *(c) Food must be available for consumption on the conveyance as follows:

  • *(d) Low-alcohol beverages must be available for sale and supply on the conveyance as follows:

  • *(e) The following steps must be taken by the licensee to provide assistance with or information about alternative forms of transport from the licensed premises:

  • *(f) The following other steps must be taken to promote the responsible consumption of liquor:

  • *(g) The following steps must be taken by the licensee to ensure that the provisions of the Act relating to the sale of liquor to prohibited persons are observed:

  • *(h) The whole (or each of the following parts) of the conveyance is designated as—

    • (i) a restricted area:

    • (ii) a supervised area:

  • *(i) Liquor may be sold or supplied only to the following persons or types of persons:

*Delete where not applicable

Duration

Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence continues in force—

  • (a) until the close of the period of 1 year commencing with the date of its issue; or

  • (b) if an application for the renewal of the licence is duly made, until the application is determined; or

  • (c) if the licence is renewed, until the close of the period for which it is renewed.

Dated at ............. this .............day of .............20.............

  
 Secretary, Liquor Licensing Authority
 (or District Licensing Agency)

Form 6
Application for off-licence

r 8(1)

Section 31, Sale of Liquor Act 1989
.
.
.
.

Form 7
Off-licence

r 9(1)

Sections 29 and 114, Sale of Liquor Act 1989

Authority (Omit this section in any case where the licence is endorsed under section 51 or section 52 of the Act.)

Pursuant to the Sale of Liquor Act 1989, [Full name] is authorised to sell or deliver liquor on or from the premises situated at [Number, street, and town] and known as [Trading name of premises], to any person for consumption off the premises and to supply complimentary samples of liquor on the premises.

Endorsement (To be included only where the licence is endorsed under section 51 of the Act.)

Section 51 of the Act applies to this licence.

[Full name], carrying on business as a caterer, is authorised to deliver liquor from the premises situated at [Number, street, and town] and known as [Trading name of premises] and sell it on any other premises for consumption on those other premises by persons attending any reception, function, or other social gathering promoted by any person or association of persons other than the holder of this licence.

Endorsement (To be included only where the licence is endorsed under section 52 of the Act.)

Section 52 of the Act applies to this licence.

[Full name], carrying on business as an auctioneer, is authorised to sell liquor by auction in the course of that business.

(Except in the case of a licence endorsed under section 52 of the Act) the authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Part 6 of the Act.

Conditions

This licence is subject to the following conditions:

  • (a) (Except in the case of a licence endorsed under section 51 of the Act) no liquor is to be sold or delivered on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac day:

  • (b) (In the case only where the licensee is the holder of a club licence) liquor may be sold or supplied only to members of the club:

  • (c) (In the case only where the licence applies to premises described in section 36(1)(d) of the Act) no liquor may be sold other than—

    • (i) wine that conforms to the standard prescribed by regulation 219 of the Food Regulations 1984 (SR 1984/262), or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and

    • (ii) sparkling wine that conforms to the standard prescribed by regulation 220 of those regulations, or any other standard that may be set by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and

    • (iii) fruit wine that conforms to the standard prescribed by regulation 226 of those regulations, or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and

    • (iv) sparkling fruit wine that conforms to the standard prescribed by regulation 227 of those regulations, or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and

    • (v) mead that conforms to the standard prescribed by regulation 226 of those regulations, or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard; and

    • (vi) beer that conforms to the standard prescribed by regulation 218 of those regulations, or any other standard that may be set, by regulations made pursuant to the Food Act 1981 or by food standards issued pursuant to that Act, in substitution for that standard.

  • *(d) Liquor may be sold only on the following days and during the following hours: ...

  • *(e) The whole (or each of the following parts) of the premises is designated as—

    • (i) a restricted area: ...

    • (ii) a supervised area: ...

  • *(f) The following steps must be taken by the licensee to ensure that the provisions of the Act relating to the sale of liquor to prohibited persons are observed: ...

  • *(g) (In the case only where the principal business in the premises is other than the manufacture or sale of liquor) no liquor may be sold or delivered other than the following kind or kinds: ...

  • *(h) (In the case only where the licence is endorsed under section 51 of the Act) the licensee must have available for consumption on the premises on which liquor is being sold—

    • (i) a reasonable range of non-alcoholic refreshments; and

    • (ii) food.

*Delete where not applicable

Duration

Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence continues in force—

  • (a) until the close of the period of 1 year commencing with the date of its issue; or

  • (b) if an application for the renewal of the licence is duly made, until the application is determined; or

  • (c) if the licence is renewed, until the close of the period for which it is renewed.

Dated at ... this ... day of ... 20.............

  
 Secretary, Liquor Licensing. Authority
 (or District Licensing Agency)

Form 8
Application for club licence

r 11(1)

Section 55, Sale of Liquor Act 1989
.
.
.

Form 9
Club licence

r 12(1)

Sections 53 and 114, Sale of Liquor Act 1989

Authority [Name of club] is authorised to sell and supply liquor, on the premises situated at [Number, street, and town] and known as [Name of premises], for consumption on the premises, to—

  • (a) any member of the club; or

  • (b) any person who is a guest of, and is accompanied by, a member of the club; or

  • (c) any member of any other club with which the holder of the licence has an arrangement for reciprocal visiting rights for members of the clubs.

The authority conferred by this licence must be exercised through a manager or managers appointed by the club in accordance with Part 6 of the Act.

Conditions This licence is subject to the following conditions:

  • (a) the club must have a secretary at all times:

  • (b) within 10 working days of the appointment of a new secretary, the club must inform the Secretary of the Licensing Authority of the name of the new secretary:

  • (c) all proceeds from the sale of liquor belong to the club:

  • (d) the club must have available for consumption on the premises, at all times when the club is open for the sale of liquor, a reasonable range of non-alcoholic refreshments:

  • *(e) liquor must be sold only on the following days and during the following hours: ...

  • *(f) food must be available for consumption on the premises as follows: ...

  • (g) low-alcohol beverages must be available for sale and supply on the premises as follows: ...

  • *(h) the following steps must be taken by the licensee to provide assistance with or information about alternative forms of transport from the licensed premises: ...

  • *(i) the following other steps must be taken to promote the responsible consumption of liquor: ...

  • *(j) the following steps must be taken by the licensee to ensure that the provisions of the Act relating to the sale of liquor to prohibited persons are observed: ...

  • *(k) the whole (or each of the following parts) of the premises is designated as—

    • (i) a restricted area: ...

    • (ii) a supervised area: ...

  • *(l) liquor may be sold or supplied only to the following persons or types of persons: ...

  • *(m) (where the application was made on behalf of an unincorporated association of persons) the club must become incorporated on or before the ............. day of ... 20.............

*Delete where not applicable

Duration

Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence continues in force—

  • (a) until the close of the period of 1 year commencing with the date of its issue; or

  • (b) if an application for the renewal of the licence is duly made, until the application is determined; or

  • (c) if the licence is renewed, until the close of the period for which it is renewed.

Dated at ... this ............. day of ... 20.............

  
 Secretary, Liquor Licensing Authority
 (or District Licensing Agency)

Form 10
Application for special licence(for premises)

r 14(1)

Section 76, Sale of Liquor Act 1989
.
.
.

Form 11
Application for special licence (for conveyance)

r 14(2)

Section 76, Sale of Liquor Act 1989
.
.
.

Form 12
Special licence(for premises)

r 15(1)

Section 73 or section 74, and section 114, Sale of Liquor Act 1989

Authority (To be included only in the case of a licence under section 73 of the Act)

Pursuant to the Sale of Liquor Act 1989, [Full name] is authorised to sell and supply liquor, on the premises situated at [Number, street, and town] and known as [Trading name of premises] to any person attending the following occasion or event (or series of occasions or events): ...

Authority (To be included only in the case of a licence under section 74 of the Act)

Pursuant to the Sale of Liquor Act 1989, [Full name] being the holder of on-licence (or club licence) No. ............. in respect of the premises situated at [Number, street, and town] and known as [Trading name of premises], is authorised 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 the following kind(s): ...

(Except where the District Licensing Agency grants an exemption under section 84(2) of the Act) The authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Part 6 of the Act.

Conditions

This licence is subject to the following conditions:

  • (a) The licensee must have available for consumption on the premises, at all times when liquor may be sold under the licence, a reasonable range of non-alcoholic refreshments:

  • *(b) Liquor may be sold under the licence only on the following days and during the following hours: ...

  • *(c) Food must be available for consumption on the premises as follows: ...

  • *(d) Low-alcohol beverages must be available for sale and supply on the premises as follows: ...

  • *(e) The following steps must be taken by the licensee to provide assistance with or information about alternative forms of transport from the licensed premises: ...

  • *(f) The following other steps must be taken to promote the responsible consumption of liquor: ...

  • *(g) The whole (or each of the following parts) of the premises is designated as—

    • (i) a restricted area: ...

    • (ii) a supervised area: ...

  • *(h) The following steps must be taken by the licensee to ensure that the provisions of the Act relating to the sale of liquor to prohibited persons are observed: ...

  • *(i) Members of the public must be excluded from the premises in the following circumstances: ...

  • *(j) The licensee must file with the District Licensing Agency returns relating to the sale of liquor as follows: ...

  • *(k) Liquor may only be sold in the following types of containers: ...

*Delete where not applicable

Duration (To be included only where the licence is granted for one particular occasion or event or a series of occasions or events) This licence is in force from ............. o'clock on the ............. day of ............. 20............. until ............. o'clock on the ............. day of ... 20.............

Duration (To be included only in the case of a licence under section 74 of the Act) This licence expires on the ............. day of ... 20.............

Dated at ... this ............. day of ... 20.............

   
  Secretary,
  District Licensing Agency

Form 13
Special licence (for conveyance)

r 15(2)

Sections 73 and 114, Sale of Liquor Act 1989

Authority

Pursuant to the Sale of Liquor Act 1989, [Full name] is authorised to sell and supply liquor, on the [Type of conveyance] known as [Name of conveyance], based at [Home base] to any person attending the following occasion or event (or series of occasions or events): ...

(Except where the District Licensing Agency grants an exemption under section 84(2) of the Act) the authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Part 6 of the Act.

Conditions

This licence is subject to the following conditions:

  • (a) The licensee must have available for consumption on the conveyance, at all times when liquor may be sold under the licence, a reasonable range of non-alcoholic refreshments:

  • *(b) Liquor may be sold under the licence only on the following days and during the following hours: ...

  • *(c) Food must be available for consumption on the conveyance as follows: ...

  • *(d) Low-alcohol beverages must be available for sale and supply on the conveyance as follows: ...

  • *(e) The following steps must be taken by the licensee to provide assistance with or information about alternative forms of transport from the licensed premises: ...

  • *(f) The following other steps must be taken to promote the responsible consumption of liquor: ...

  • *(g) The whole (or each of the following parts) of the conveyance is designated as—

    • (i) a restricted area: ...

    • (ii) a supervised area: ...

  • *(h) The following steps must be taken by the licensee to ensure that the provisions of the Act relating to the sale of liquor to prohibited persons are observed: ...

  • *(i) Members of the public must be excluded from the conveyance in the following circumstances: ...

  • *(j) The licensee must file with the District Licensing Agency returns relating to the sale of liquor as follows: ...

  • *(k) Liquor may only be sold in the following types of containers: ...

*Delete where not applicable

Duration

This licence is in force from ............. o'clock on the ....... day of ....... 20............. until ............. o'clock on the ....... day of ....... 20.............

Dated at this ....... day of ....... 20.............

   
  Secretary,
  District Licensing Agency

Form 14
Application for variation or cancellation of conditions of licence

r 17(1)

Sections 16, 39, and 62, Sale of Liquor Act 1989
.
.

Form 15
Application for renewal of licence (for on-licence, off-licence, or club licence)

r 18(1)

Sections 18, 41, and 64, Sale of Liquor Act 1989
.
.

Form 16
Notice of renewal of licence

Sections 23, 46, and 69, Sale of Liquor Act 1989

To: [Name of Licensee]

The [Type of licence] in respect of the premises situated at [Number, street, and town] (or the [Specify type of conveyance]) and known as [Name of conveyance] is renewed.

The present conditions of the licence continue to apply.

OR

[Where the Licensing Authority alters the conditions of the licence] the present conditions of the licence continue to apply subject to the following changes: ...

Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence expires on the ............. day of ... 20............., unless again renewed.

Dated at ............. this ............. day of ... 20.............

  
 Secretary, Liquor Licensing Authority
 (or District Licensing Agency)

Form 17
Application for temporary authority

r 19(1)

Sections 24 and 47, Sale of Liquor Act 1989
.
.

Form 18
Application for manager's certificate

r 20(1)

Section 118, Sale of Liquor Act 1989
.
.

Form 19
General (or club) manager's certificate

Section 117, Sale of Liquor Act 1989

Pursuant to the Sale of Liquor Act 1989 [Full name] is authorised to manage any licensed premises in respect of which a licence (or a club licence or a special licence) is in force.

Subject to the requirements of the Act relating to fees, and to the provisions of the Act relating to the suspension and cancellation of managers' certificates, this certificate continues in force—

  • (a) until the close of the period of 1 year commencing with the date of its issue; or

  • (b) if an application for the renewal of the certificate is duly made, until the application is determined; or

  • (c) if the certificate is renewed, until the close of the period for which it is renewed.

Dated at ............. this ............. day of ... 20.............

   
  Secretary, Liquor Licensing Authority
  (or District Licensing Agency)

Form 20
Application for renewal of manager's certificate

r 21(1)

Section 123, Sale of Liquor Act 1989
.
.

Form 21
Notice of renewal of manager's certificate

Sections 125 and 127, Sale of Liquor Act 1989

To: [Name of manager]

Your general (or. club) manager's certificate is renewed.

Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of managers' certificates, this certificate expires on the ............. day of ... 20............., unless again renewed.

Dated at ............. this ............. day of ... 20.............

   
  Secretary, Liquor Licensing Authority
  (or District Licensing Agency)

Form 22
Application for variation, suspension, or cancellation of licence (for on-licence, off-licence, or club licence)

Section 132, Sale of Liquor Act 1989
.
.

Form 23
Application for variation, suspension, or cancellation of special licence

Section 133, Sale of Liquor Act 1989
.
.

Form 24
Application for suspension, or cancellation of manager's certificate

Section 135, Sale of Liquor Act 1989
.
.

Form 24A
Infringement notice

Issued under section 162C of the Sale of Liquor Act 1989
Infringement notice No:...................................................................
 Date of notice:...................................................................

All queries and correspondence regarding this infringement notice must be directed to [Insert address].

This notice is issued to—

Name: ...

Address: ...

This notice is issued by [Name and number of member of Police issuing the notice].

DETAILS OF ALLEGED INFRINGEMENT OFFENCE(S)

The member of the Police issuing this notice has reasonable cause to believe that on [Insert day and date] at [Insert name and location of licensed premises] you committed the following infringement offence(s):

  • *1. Being a person under the age of 18 years, you purchased liquor on or from licensed premises in breach of section 162 of the Sale of Liquor Act 1989.

  • *2. Being a person under the age of 18 years, you were found in a restricted area on licensed premises in breach of section 163 of the Sale of Liquor Act 1989.

  • *3. Being a person under the age of 18 years, you were found in a supervised area on licensed premises not accompanied by your parent or guardian in breach of section 163 of the Sale of Liquor Act 1989.

* The infringement notice may specify 1 or more infringement offences. Delete if inapplicable.

The infringement fee payable in respect of an infringement offence is $200.

Infringement fees are payable within 28 days after [Earliest date notice delivered personally or posted].

Infringement fees are payable at [Address where fees payable]. This notice, or a copy of it, should be presented or forwarded when making payment. Cheque or money orders should be made out to the New Zealand Police, and should be crossed or marked NOT TRANSFERABLE or ACCOUNT PAYEE ONLY. If this notice sets out more than 1 infringement offence, the total amount of the infringement fees payable is $ ..............

IMPORTANT: Please read the summary of rights printed on the following pages.

SUMMARY OF RIGHTS

Note: If, after reading these notes, you do not understand anything in the notes, you should consult a lawyer immediately.

  • 1 This notice sets out 1 or more alleged infringement offences. If this notice sets out more than 1 alleged infringement offence, each offence that is identified by a number is a separate infringement offence. You may decide what to do in respect of each alleged offence individually, and may act in the same way in respect of all alleged offences or in different ways in respect of different alleged offences, as set out below.

  • Payments
  • 2 If you pay the infringement fee for an alleged infringement offence within 28 days after the service on you of this notice, no further action will be taken for the offence. Payment should be made at the address for payment specified in this notice. If this notice sets out more than 1 alleged infringement offence and it is not clear which alleged offence a payment relates to, your payment may be treated as relating to the alleged offences in the order in which they are set out in this notice.

  • Payment by instalments
  • 3 The New Zealand Police may, but are not required to, enter into an arrangement allowing you to pay an infringement fee by instalments. See section 21(3A) to (3D) of the Summary Proceedings Act 1957.

  • 4. If you wish to pay an infringement fee by instalments, you should ask the New Zealand Police by letter whether the New Zealand Police will agree to payment by instalments.

  • 5. If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you arrange with the New Zealand Police to pay an infringement fee by instalments, you will not be entitled to request a hearing in respect of the offence and paragraphs 7(b), 7(c), 8, 9, and 10 below will not apply.

  • Defence
  • 6 You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to the New Zealand Police, at the address for payment specified in this notice, within 28 days after service on you of a reminder notice in respect of the offence.

Note: Late payment or payment at any other place will not be a defence.

  • Further Action
  • 7 If you wish—

    • (a) To raise any matter relating to an alleged offence for consideration by the New Zealand Police; or

    • (b) To deny liability for an alleged offence and request a District Court hearing (refer to paragraphs 8, 9, and 13 below); or

    • (c) To admit liability for an alleged offence, but wish to have a District Court consider written submissions as to penalty or otherwise (refer to paragraphs 10 and 13 below),—

    you should write to the New Zealand Police at the address for correspondence specified in this notice. Any such letter should be personally signed.

  • 8 You have a right to a District Court hearing. If you deny liability for an alleged offence and request a hearing in respect of it, the New Zealand Police will (unless the New Zealand Police decide not to commence court proceedings) serve you with a notice of hearing setting out the place and time at which the matter will be heard by a District Court.

    Note: If the District Court finds you guilty of the offence, costs will be imposed in addition to any penalty.

  • 9 A request for a hearing must—

    • (a) Be in writing and signed by you; and

    • (b) Be delivered to the New Zealand Police at the address for correspondence specified in this notice; and

    • (c) Be so delivered within 28 days after service on you of a reminder notice.

  • 10 If you admit liability in respect of an alleged offence but want the District Court to consider your submissions as to penalty or otherwise, you should, in your letter,—

    • (a) Request a hearing; and

    • (b) Admit liability for the offence; and

    • (c) Set out the written submissions you wish to be considered by the District Court.

      The New Zealand Police will then file your letter with the District Court (unless the New Zealand Police decide not to commence court proceedings). There will be no oral hearing before the District Court if you follow this course of action.

      Note: Costs will be imposed in addition to any penalty.

  • Reminder notice
  • 11 If, on the expiration of 28 days after the date of service of this notice, the infringement fee has not been paid to the New Zealand Police at the address for payment specified in this notice and the New Zealand Police have not received at the address for correspondence specified in this notice a notice requesting a hearing in respect of the offence, you will be served with a reminder notice (unless the New Zealand Police decide otherwise).

  • 12. If, on the expiration of 28 days after the date of service of the reminder notice, the infringement fee has not been paid to the New Zealand Police at the address for payment specified in this notice and the New Zealand Police have not received at the address for correspondence specified in this notice a notice requesting a hearing,—

    • (a) The New Zealand Police may file a copy of the reminder notice in a District Court; and

    • (b) You will become liable under section 21(5) of the Summary Proceedings Act 1957 to pay COSTS IN ADDITION TO THE INFRINGEMENT FEE.

  • Queries and other correspondence
  • When writing or making payment, please include—

    • (a) The date of the infringement; and

    • (b) The infringement notice number; and

    • (c) The details of the alleged offence and the course of action you are taking in respect of it; and

    • (d) Your address for replies.

Notes:

FULL DETAILS OF YOUR RIGHTS AND OBLIGATIONS ARE IN SECTIONS 162B AND 162C OF THE SALE OF LIQUOR ACT 1989 AND SECTION 21 OF THE SALE OF LIQUOR ACT 1989 AND SECTION 21 OF THE SUMMARY PROCEEDINGS ACT 1957.

ALL QUERIES AND ALL CORRESPONDENCE REGARDING THIS INFRINGEMENT NOTICE MUST BE DIRECTED TO THE NEW ZEALAND POLICE AT THE ADDRESS FOR CORRESPONDENCE SPECIFIED IN THIS NOTICE.

Form 25
Search warrant

Section 177, Sale of Liquor Act 1989

To [Full name and rank], member of the police (or To every member of the police):

  • Ground of warrant

    I am satisfied, on application in writing made on oath by [Full name, address, and occupation] on the ............. day of ... 20............. that there is reasonable ground for believing that—

    • *(a) any liquor is being sold, or exposed or kept for sale on the premises (or conveyance) described below, being premises (or a conveyance) in which tha liquor may not lawfully be sold or exposed or kept for sale; or

    • *(b) the premises (or conveyance) described below is being kept or used as a place of resort for the consumption of liquor in contravention of the Sale of Liquor Act 1989.

  • Description of premises (To be included only where authority is being given to search any premises) The premises to which this warrant relates are situated at [Number, street, and town] and known as [Trading or other name of premises, if any].

  • Description of conveyance(To be included only where authority is being given to search any conveyance) The conveyance to which this warrant relates is the [Type of conveyance] based at [Home base] and known as [Trading or other name, if any].

  • Conditions

    This warrant is subject to the following conditions: ...

  • Authority

    Subject to the conditions set out above, this warrant authorises the member of the Police who is executing it, and any person called by that member to assist,—

    • (a) to enter the premises (or conveyance) on one occasion within 14 days after the date of the issue of this warrant at any time that is reasonable in the circumstances; and

    • (b) to use such force, both for making entry (whether by breaking open doors or otherwise) and for breaking open any thing on the premises (or or conveyance), as is reasonable in the circumstances; and

    • (c) to search for and seize any liquor, or any packages or containers containing or believed to contain any liquor, or any vessels used or believed to be used for the consumption of any liquor, or any other thing, found on the premises (or or conveyance) and believed on reasonable grounds to have been involved in the commission of any offence referred to in paragraph 1 of this warrant or any other offence against the Sale of Liquor Act 1989.

Dated at ............. this ............. day of ... 20.............

   
  District Court Judge (or Justice or Community Magistrate or Registrar (not being a constable))

Form 26
Request to constitute licensing trust

r 34

Section 185(2), Sale of Liquor Act 1989

To: The Minister of Justice

We, the undersigned, being residents of the area described below and being entitled to vote in local authority elections, request that you advise His Excellency the Governor-General to constitute a licensing trust in respect of that area.

The area in respect of which it is proposed that a licensing trust be established is as follows: ...

NameResidential addressPostal addressOccupationSignature
     

Form 27
Notice requiring poll of electors

r 37

Section 211, 215, and 218, Sale of Liquor Act 1989

To: [Name of licensing trust]

We, being electors of the trust, request that a poll be held on the amalgamation proposal (or competition proposal or expansion proposal) of which public notice was given by the trust on the ............. day of ... 20.............

Full NameResidential addressPostal addressOccupationSignature
     

MARIE SHROFF,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 April 2000, amend the Sale of Liquor Regulations 1990. The amendments—

  • update the regulations (including the prescribed forms) following certain amendments made to the Sale of Liquor Act 1989 by the Sale of Liquor Amendment Act 1999:

  • make minor additions to the requirements for the provision of information by applicants for licences:

  • add to the particulars required to be recorded in the register kept by the Liquor Licensing Authority under section 220 of the Act:

  • increase the fees to be paid in respect of applications, licences, or certificates made or issued under the Act:

  • revoke spent regulations.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 March 2000.


  • 1 SR 1990/61