Sale of Liquor Act 1989

  • repealed
  • Sale of Liquor Act 1989: repealed, on 18 December 2013, by section 418(3) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).
37 Conditions of off-licences

  • (1) It is a condition of every off-licence that no liquor is to be sold or delivered on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac Day.

    (1A) However, it is a condition of an off-licence that a person may sell or deliver grape wine or fruit wine on Easter Sunday if the grape wine or fruit wine is made—

    • (a) on the premises; or

    • (b) from grapes or fruit harvested from land on which the premises are situated.

    (2) It is a condition of every off-licence granted to the holder of a club licence that liquor may be sold or supplied pursuant to the off-licence only to—

    • (a) any member of the club; or

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

    (3) It shall be a condition of every off-licence granted in respect of any premises described in section 36(1)(d) that no liquor be sold pursuant to the licence other than—

    • (a) 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

    • (b) 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

    • (c) 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

    • (d) 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

    • (e) 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

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

    (3A) However, it is also a condition of every off-licence granted in respect of any premises described in section 36(1)(d) that any food condiment containing liquor may be sold or supplied if the food condiment has been—

    • (a) prepared for culinary purposes; and

    • (b) rendered unsuitable for drinking.

    (4) On granting an application for an off-licence, the Licensing Authority or District Licensing Agency, as the case may be, may impose conditions relating to the following matters:

    • (a) the days on which and the hours during which liquor may be sold or delivered:

    • (b) the designation of the whole or any part or parts of the premises as a restricted area or a supervised area:

    • (c) the steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed.

    • (d) the persons or types of persons to whom liquor may be sold or supplied.

    (5) In determining the conditions to be imposed under subsection (4)(a), the Licensing Authority or District Licensing Agency, as the case may be, may have regard to the site of the premises in relation to neighbouring land use.

    (5A) Subsection (4)(d) applies subject to the Human Rights Act 1993.

    (6) Subject to subsection (3), on granting an application for an off-licence in respect of any premises in which the principal business is other than the manufacture or sale of liquor, the Licensing Authority or District Licensing Agency, as the case may be, may impose a condition relating to the kind or kinds of liquor that may be sold or delivered pursuant to the licence.

    Section 37(1): replaced, on 1 December 1999, by section 30(1) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 37(1A): replaced, on 6 April 2004, by section 14(1) of the Sale of Liquor Amendment Act 2004 (2004 No 21).

    Section 37(2): replaced, on 6 April 2004, by section 14(2) of the Sale of Liquor Amendment Act 2004 (2004 No 21).

    Section 37(3): replaced, on 1 July 1996, by section 30(1) of the Food Amendment Act 1996 (1996 No 41).

    Section 37(3)(e): amended, on 1 December 1999, by section 30(2) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 37(3)(f): inserted, on 1 December 1999, by section 30(2) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 37(3A): inserted, on 6 April 2004, by section 14(3) of the Sale of Liquor Amendment Act 2004 (2004 No 21).

    Section 37(4): amended, on 1 April 2000, by section 30(3) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 37(4)(d): inserted, on 1 April 2000, by section 30(4) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 37(5): amended, on 1 April 2000, by section 30(6) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 37(5A): inserted, on 1 April 2000, by section 30(5) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 37(6): amended, on 1 April 2000, by section 30(6) of the Sale of Liquor Amendment Act 1999 (1999 No 92).