Sale of Liquor Act 1989

36 Types of premises in respect of which off-licences may be granted

• (1) Except as provided in subsections (2) to (5), an off-licence shall be granted only—

  • (a) to the holder of an on-licence in respect of a hotel or tavern, in respect of the premises conducted pursuant to that licence; or

  • (b) to the holder of a club licence, being a club that is entitled under paragraph (i) or paragraph (j) of section 30(1) to hold an off-licence, in respect of the premises conducted pursuant to that licence; or

  • (c) in respect of premises in which the principal business is the manufacture or sale of liquor; or

  • (d) in respect of—

    • (i) any supermarket having a floor area of at least 1 000 square metres (including any separate departments set aside for such foodstuffs as fresh meat, fresh fruit and vegetables, and delicatessen items); or

    • (ii) any grocery store, where the Licensing Authority or District Licensing Agency, as the case may be, is satisfied that the principal business of the store is the sale of main order household foodstuff requirements.

  (2) The Licensing Authority or District Licensing Agency, as the case may be, may grant an off-licence in respect of any other premises if the Licensing Authority or District Licensing Agency, as the case may be, is satisfied, in a particular case,—

  • (a) that, in the area in which the premises are situated, the sale of liquor in premises of a kind described in paragraph (c) or paragraph (d) of subsection (1) would not be economic; or

  • (b) that the sale of liquor would be an appropriate complement to the kind of goods sold in the premises.

  (3) Nothing in subsection (1) or subsection (2) shall authorise the grant of an off-licence in respect of—

  • (a) any service station or other premises in which the principal business is the sale of petrol or other automotive fuels; or

  • (b) any shop of a kind commonly known as a dairy.

  (4) Nothing in subsection (2)(b) shall authorise the grant of an off-licence in respect of any supermarket or grocery store, or any other premises on which the principal business is the sale of food or groceries.

  (5) This section applies subject to sections 51 and 52.

  (6) [Repealed]

  Section 36(1)(d)(ii): amended, on 6 April 2004, by section 13(1) of the Sale of Liquor Amendment Act 2004 (2004 No 21).

  Section 36(2): amended, on 1 April 2000, by section 29(1) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

  Section 36(5): replaced, on 6 April 2004, by section 13(2) of the Sale of Liquor Amendment Act 2004 (2004 No 21).

  Section 36(6): repealed, on 1 April 2000, by section 29(2) of the Sale of Liquor Amendment Act 1999 (1999 No 92).