Sale of Liquor Regulations 1990
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Reprint as at 18 December 2013
Sale of Liquor Regulations 1990
(SR 1990/61)
Sale of Liquor Regulations 1990: revoked, on 18 December 2013, by regulation 43(a) of the Sale and Supply of Alcohol Regulations 2013 (SR 2013/459).
Paul Reeves, Governor-General
Order in Council
At Wellington this 12th day of March 1990
Present:
His Excellency the Governor-General in Council
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry of Justice.
Pursuant to section 229 of the Sale of Liquor Act 1989, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
Contents
Regulations
1 Title and commencement
(1)
These regulations may be cited as the Sale of Liquor Regulations 1990.
(2)
These regulations shall come into force on 1 April 1990.
2 Interpretation
In these regulations, unless the context otherwise requires,—
Act means the Sale of Liquor Act 1989
converted licence means a licence issued by the Licensing Authority in accordance with section 243 of the Act
evidence of age document means an evidence of age document of the type described in section 2A(2)(d) of the Act
issuer, in relation to an evidence of age document, means a person, organisation, body corporate, government department, Crown agency, or statutory board specified under section 2A of the Act
Medical Officer of Health has the meaning given to that term in section 2(1) of the Health Act 1956
New Zealand driver licence means a driver licence issued under the Land Transport Act 1998.
A reference to a numbered form is a reference to the form so numbered in Schedule 1.
Regulation 2: amended, on 1 April 2000, by regulation 3(2) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 2 evidence of age document: inserted, on 8 October 1999, by regulation 2 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
Regulation 2 issuer: inserted, on 8 October 1999, by regulation 2 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
Regulation 2 Medical Officer of Health: substituted, on 1 April 2000, by regulation 3(1) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 2 New Zealand driver licence: added, on 8 October 1999, by regulation 2 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
Forms
3 Forms prescribed
(1)
The forms set out in Schedule 1 are the forms to be used in respect of the several matters to which those forms relate.
(2)
Such variations may be made in any form as the circumstances of any particular case may require.
Regulation 3(1): amended, on 1 April 2000, by regulation 4 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Public notice
4 Notice of application
(1)
Where any person is required to give public notice of the making of an application under the Act or these regulations, the notice shall be in form 1.
(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.
Regulation 4(2): substituted, on 1 April 2000, by regulation 5 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
4A Fixing copies of applications
(1)
(2)
The notice must be printed on paper that is at least of International size A4 and the print must be legible and prominent.
Regulation 4A: inserted, on 1 April 2000, by regulation 6 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Applications, licences, and certificates
5 Application for on-licence
(1)
An application for an on-licence in respect of any premises shall be in form 2.
(2)
An application for an on-licence in respect of any conveyance shall be in form 3.
(3)
Every application for an on-licence shall be accompanied by the following:
(a)
3 copies of the application:
(b)
(where the applicant is incorporated) a copy of the certificate of incorporation or other documentary evidence of its incorporation:
(c)
(where the applicant is a company) a copy of the memorandum of association, or other documentary evidence of its authority to sell liquor or to hold a licence under the Act:
(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:
(e)
(where the applicant is a manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988) a copy of the property order:
(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):
(f)
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:
(g)
a map, or a copy of a map or of a portion of a map, showing the location of the premises:
(h)
a scale plan showing—
(i)
those parts of the premises that are to be used for the sale or supply of liquor; and
(ii)
those parts of the premises (if any) that the applicant intends should be designated as restricted areas or as supervised areas:
(iii)
each entrance to the premises that the applicant intends should be designated as a principal entrance:
(i)
(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 the licence:
(j)
a certificate by the local authority that the proposed use of the premises meets town planning requirements:
(ja)
a menu or other indication of the standard and style of food to be provided or proposed to be provided:
(k)
the prescribed fee.
Regulation 5(3)(c): amended, on 1 April 2000, by regulation 7(1) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 5(3)(d): substituted, on 1 April 2000, by regulation 7(2) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 5(3)(ea): inserted, on 1 April 2000, by regulation 7(3) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 5(3)(ja): inserted, on 1 April 2000, by regulation 7(4) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
6 On-licence
(1)
An on-licence in respect of any premises shall be in form 4.
(2)
An on-licence in respect of any conveyance shall be in form 5.
(3)
The Licensing Authority or District Licensing Agency, as the case may be, may direct that any on-licence shall have attached to it a scale plan of the premises showing—
(a)
the part or parts of the premises in which liquor may be sold or supplied or consumed; and
(b)
the part or parts of the premises designated as restricted areas or as supervised areas; and
(c)
each entrance to the premises designated as a principal entrance.
(4)
No such scale plan shall be deemed to be part of the licence for the purposes of section 25(2) of the Act.
(5)
Where a scale plan is attached to the licence, the licensee shall produce it for inspection whenever required to do so by a constable or an inspector.
Regulation 6(3): amended, on 1 April 2000, by regulation 8 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 6(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
7 Definition of licensed premises
(1)
On granting an application for an on-licence in respect of any premises, the Licensing Authority or District Licensing Agency shall determine whether to authorise the sale or supply or consumption of liquor in the premises generally or only in any specified part or parts of the premises.
(2)
Where the Licensing Authority or District Licensing Agency determines to authorise the sale or supply or consumption of liquor only in any specified part or parts of the premises, each such part shall be adequately defined on the face of the licence, or in a scale plan attached to the licence.
(3)
If, in any case to which subclause (2) applies, the licensee subsequently wishes to sell or supply or allow the consumption of liquor in any greater area, or in any other part, of the premises, the licensee shall apply to the Licensing Authority or District Licensing Agency for authority to do so, and shall attach to the application a scale plan showing the proposed changes.
(4)
The Licensing Authority or District Licensing Agency may either grant the application or require the applicant to make an application under section 16 of the Act for the variation of the relevant condition.
Regulation 7(1): amended, on 1 April 2000, by regulation 9(1) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 7(2): amended, on 1 April 2000, by regulation 9(2) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 7(3): amended, on 1 April 2005, by regulation 3(1) of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
Regulation 7(4): amended, on 1 April 2005, by regulation 3(2) of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
8 Application for off-licence
(1)
An application for an off-licence shall be in form 6.
(2)
Every application for an off-licence shall be accompanied by the following:
(a)
3 copies of the application:
(b)
(where the applicant is incorporated) a copy of the certificate of incorporation or other documentary evidence of its incorporation:
(c)
(where the applicant is a company) a copy of the memorandum of association or other documentary evidence of its authority to sell liquor or to hold a licence under the Act:
(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:
(e)
(where the applicant is a manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988) a copy of the property order:
(f)
(where the applicant is a club) evidence that the club—
(i)
held a charter under section 164 of the Sale of Liquor Act 1962 immediately before 1 April 1990; or
(ii)
holds a club licence under the Sale of Liquor Act 1989,—
and is not a sports club:
(g)
(where the application relates to a hotel or tavern) a reference to the number of the on-licence held by the applicant in respect of the hotel or tavern:
(h)
(where the application relates to premises in which the principal business is the manufacture or sale of liquor) particulars of the principal business conducted on the premises, and (where that principal business is wine making) the number of the licence held under the Wine Makers Act 1981:
(i)
(where the application relates to a supermarket) particulars of the floor area of the supermarket, including any separate departments set aside for such foodstuffs as fresh meat, fresh fruit and vegetables, and delicatessen items:
(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:
(k)
(where the application is made in reliance on section 36(2)(a) of the Act) evidence to show that the sale of liquor in premises of a kind described in paragraph (c) or paragraph (d) of section 36(1) of the Act would not be economic:
(l)
(where the application is made in reliance on section 36(2)(b) of the Act) particulars of the kind of goods sold in the premises to which it is claimed the sale of liquor would be complementary:
(m)
(where the application is made by the holder of an auctioneer’s licence) the number of the licence held under the Auctioneers’ Act 1928:
(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:
(n)
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:
(o)
a map, or a copy of a map or of a portion of a map, showing the location of the premises:
(p)
a scale plan showing—
(i)
those parts of the premises that are to be used for the sale or supply of liquor; and
(ii)
those parts of the premises (if any) that the applicant intends should be designated as restricted areas or as supervised areas; and
(iii)
(except where the applicant is a club) each entrance to the premises that the applicant intends should be designated as a principal entrance:
(q)
(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 the licence:
(r)
a certificate by the local authority that the proposed use of the premises meets town planning requirements:
(s)
the prescribed fee.
Regulation 8(2)(c): amended, on 1 April 2000, by regulation 10(1) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 8(2)(d): substituted, on 1 April 2000, by regulation 10(2) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 8(2)(j): substituted, on 1 April 2000, by regulation 10(3) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 8(2)(ma): inserted, on 1 April 2000, by regulation 10(4) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
9 Off-licence
(1)
An off-licence shall be in form 7.
(2)
The Licensing Authority or District Licensing Agency, as the case may be, may direct that any off-licence shall have attached to it a scale plan of the premises showing—
(a)
the part or parts of the premises in or from which liquor may be sold or delivered; and
(b)
the part or parts of the premises designated as restricted areas or as supervised areas; and
(c)
(except where the licensee is a club) each entrance to the premises designated as a principal entrance.
(3)
No such scale plan shall be deemed to be part of the licence for the purposes of section 48(2) or section 48(3) of the Act.
(4)
Where a scale plan is attached to the licence, the licensee shall produce it for inspection whenever required to do so by a constable or an inspector.
Regulation 9(2): amended, on 1 April 2000, by regulation 11 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 9(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
10 Definition of licensed premises
(1)
On granting an application for an off-licence in respect of any premises, the Licensing Authority or District Licensing Agency shall determine whether to authorise the sale or delivery of liquor in or from the premises generally or only in or from any specified part or parts of the premises.
(2)
Where the Licensing Authority or District Licensing Agency determines to authorise the sale or delivery of liquor only in or from any specified part or parts of the premises, each such part shall be adequately defined on the face of the licence, or in a scale plan attached to the licence.
(3)
If, in any case to which subclause (2) applies, the licensee subsequently wishes to sell or deliver liquor in or from any greater area, or in or from any other part of the premises, the licensee shall apply to the Licensing Authority or District Licensing Agency for authority to do so, and shall attach to the application a scale plan showing the proposed changes.
(4)
The Licensing Authority or District Licensing Agency may either grant the application or require the applicant to make an application under section 39 of the Act for the variation of the relevant condition.
Regulation 10(1): amended, on 1 April 2000, by regulation 12(1) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 10(2): amended, on 1 April 2000, by regulation 12(2) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 10(3): amended, on 1 April 2005, by regulation 4(1) of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
Regulation 10(4): amended, on 1 April 2005, by regulation 4(2) of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
11 Application for club licence
(1)
An application for a club licence shall be in form 8.
(2)
Every application for a club licence shall be accompanied by the following:
(a)
3 copies of the application:
(b)
(where the club is incorporated) a copy of the certificate of incorporation or other documentary evidence of its incorporation:
(c)
(where the club held a charter under the Sale of Liquor Act 1962) identifying particulars of the club’s charter:
(d)
a copy of the club’s constitution or rules:
(e)
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:
(f)
a map, or a copy of a map or of a portion of a map, showing the location of the premises:
(g)
a plan showing—
(i)
those parts of the premises that are to be used for the sale or supply of liquor; and
(ii)
those parts of the premises (if any) that the club intends should be designated as restricted areas or as supervised areas:
(h)
(where the club 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 the licence:
(i)
a certificate by the local authority that the proposed use of the premises meets town planning requirements:
(ia)
a schedule of the club’s activities that includes the days and hours during which the premises are used for those activities:
(j)
the prescribed fee.
Regulation 11(2)(ia): inserted, on 1 April 2000, by regulation 13 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
12 Club licence
(1)
A club licence shall be in form 9.
(2)
The Licensing Authority or District Licensing Agency, as the case may be, may direct that any club licence shall have attached to it a scale plan of the premises showing—
(a)
the part or parts of the premises in which liquor may be sold or supplied or consumed; and
(b)
the part or parts of the premises designated as restricted areas or as supervised areas.
(3)
No such scale plan shall be deemed to be part of the licence for the purposes of section 70 of the Act.
(4)
Where a scale plan is attached to the licence, the club shall produce it for inspection whenever required to do so by a constable or an inspector.
Regulation 12(2): amended, on 1 April 2000, by regulation 14(1) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 12(2)(a): amended, on 1 April 2000, by regulation 14(2) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 12(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
13 Definition of licensed premises
(1)
On granting an application for a club licence in respect of any premises, the Licensing Authority or District Licensing Agency shall determine whether to authorise the sale of liquor in the premises generally or only in any specified part or parts of the premises.
(2)
Where the Licensing Authority or District Licensing Agency determines to authorise the sale of liquor only in any specified part or parts of the premises, each such part shall be adequately defined on the face of the licence, or in a scale plan attached to the licence.
(3)
If, in any case to which subclause (2) applies, the club subsequently wishes to sell or deliver liquor in or from any greater area, or in or from any other part, of the premises, the club shall apply to the Licensing Authority or District Licensing Agency for authority to do so, and shall attach to the application a scale plan showing the proposed changes.
(4)
The Licensing Authority or District Licensing Agency may either grant the application or require the applicant to make an application under section 62 of the Act for the variation of the relevant condition.
Regulation 13(1): amended, on 1 April 2000, by regulation 15(1) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 13(2): amended, on 1 April 2000, by regulation 15(2) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 13(3): amended, on 1 April 2005, by regulation 5(1) of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
Regulation 13(4): amended, on 1 April 2005, by regulation 5(2) of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
14 Application for special licence
(1)
An application for a special licence in respect of any premises shall be in form 10.
(2)
An application for a special licence in respect of any conveyance shall be in form 11.
(3)
Every application for a special licence shall be accompanied by the following:
(a)
3 copies of the application:
(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:
(c)
(where the applicant is a manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988) a copy of the property order:
(d)
(where the applicant is a club and holds a club licence under the Act) the number of the club licence:
(e)
(where the applicant is a club but does not hold a club licence under the Act) such of the following particulars as the District Licensing Agency may require:
(i)
(where the club is incorporated) a copy of the certificate of incorporation or other documentary evidence of its incorporation; and
(ii)
(where the club held a charter under the Sale of Liquor Act 1962) identifying particulars of the club’s charter; and
(iii)
a copy of the club’s constitution or rules:
(f)
(where the application is made for a licence under section 74 of the Act) identifying particulars of the on-licence or club licence held by the applicant:
(g)
a plan showing—
(i)
those parts of the premises that are to be used for the sale or supply of liquor; and
(ii)
those parts of the premises (if any) that the applicant intends should be designated as restricted areas or as supervised areas:
(h)
(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 the licence:
(i)
the prescribed fee.
Regulation 14(3)(b): substituted, on 1 April 2000, by regulation 16 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
15 Special licence
(1)
A special licence in respect of any premises shall be in form 12.
(2)
A special licence in respect of any conveyance shall be in form 13.
(3)
The District Licensing Agency may direct that any special licence shall have attached to it a scale plan of the premises showing—
(a)
the part or parts of the premises in which liquor may be sold; and
(b)
the part or parts of the premises designated as restricted areas or as supervised areas.
(4)
No such scale plan shall be deemed to be part of the licence for the purposes of section 83 of the Act.
(5)
Where a scale plan is attached to the licence, the licensee shall produce it for inspection whenever required to do so by a constable or an inspector.
Regulation 15(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
16 Definition of licensed premises
(1)
On granting an application for a special licence in respect of any premises, the District Licensing Agency shall determine whether to authorise the sale of liquor in the premises generally or only in any specified part or parts of the premises.
(2)
Where the District Licensing Agency determines to authorise the sale of liquor only in any specified part or parts of the premises, each such part shall be adequately defined on the face of the licence, or in a scale plan attached to the licence.
17 Application by holder of licence for variation or cancellation of condition
(1)
An application by the holder of an on-licence or an off-licence or a club licence for the variation or cancellation of any condition of the licence under section 16 or section 39 or section 62 of the Act shall be in form 14.
(2)
Every such application shall be filed with the District Licensing Agency, and shall be accompanied by the following:
(a)
3 copies of the application:
(b)
the prescribed fee.
18 Application for renewal of licence
(1)
An application by the holder of an on-licence or an off-licence or a club licence for the renewal of the licence shall be in form 15.
(2)
Every such application shall be accompanied by the following:
(a)
3 copies of the application:
(b)
the prescribed fee.
19 Application for temporary authority
(1)
An application for authority to carry on, for a period not exceeding 3 months,—
(a)
the sale and supply of liquor on any premises or conveyance in respect of which an on-licence is in force; or
(b)
the sale and delivery of liquor on or from any premises in respect of which an off-licence is in force,—
shall be made in form 17.
(2)
Every such application shall be accompanied by the following:
(a)
3 copies of the application:
(b)
the prescribed fee.
20 Application for manager’s certificate
(1)
An application for a manager’s certificate shall be in form 18.
(2)
Every application for a manager’s certificate shall be accompanied by the following:
(a)
1 copy of the application:
(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:
(d)
(where the applicant intends to be the manager of a particular club) Evidence in duplicate of the applicant’s involvement in the management and activities of the club:
(e)
the prescribed fee.
Regulation 20(2)(b): substituted, on 1 April 2000, by regulation 17 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 20(2)(c): substituted, on 1 April 2000, by regulation 17 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
21 Application for renewal of manager’s certificate
(1)
An application for the renewal of a manager’s certificate shall be in form 20.
(2)
Every application for the renewal of a manager’s certificate shall be accompanied by the following:
(a)
3 copies of the application:
(b)
the prescribed fee.
General managers’ prescribed qualification
Heading: inserted, on 1 April 2006, by regulation 6 of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
21AA General managers’ prescribed qualification
(1)
The Licence Controller Qualification is a qualification for the purposes of section 117A of the Act.
(2)
In this regulation and in regulation 21AAB, Licence Controller Qualification means the qualification relating to the management of licensed premises that is issued by an industry training organisation that is recognised, under the Industry Training Act 1992, in respect of an industry that involves the sale and supply of liquor on licensed premises.
Regulation 21AA: replaced, on 24 May 2013, by regulation 4 of the Sale of Liquor Amendment Regulations 2013 (SR 2013/188).
21AAB Criteria to obtain Licence Controller Qualification
(1)
Before awarding the Licence Controller Qualification to a person, the relevant industry training organisation must be satisfied that the person has successfully completed the 2 New Zealand Qualifications Authority unit standards described in subclause (2).
(2)
The 2 unit standards are—
(a)
unit standard 4646, which requires the person to demonstrate knowledge of the Act; and
(b)
unit standard 16705, which requires the person to demonstrate knowledge of host responsibility requirements as a general manager.
Regulation 21AAB: inserted, on 1 April 2006, by regulation 6 of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
Regulation 21AAB(1): amended, on 24 May 2013, by regulation 5 of the Sale of Liquor Amendment Regulations 2013 (SR 2013/188).
21AAC Criteria for holders of general manager’s certificate to obtain Licence Controller Qualification
[Expired]Regulation 21AAC: expired, on 1 April 2008, by regulation 21AAC(4).
Applications for evidence of age documents
Heading: inserted, on 8 October 1999, by regulation 3 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
21A General requirements
A person (the applicant) applying to an issuer for an evidence of age document must be 18 years of age or older, and must—
(a)
produce a statutory declaration made by the applicant that includes the information specified in regulation 21B; and
(b)
produce one of the forms of evidence of identification specified in regulation 21C; and
(c)
if the applicant produces one of the forms of evidence of identification specified in regulation 21C(d), (f), (g), (i), or (j), produce a statement as to identification that complies with regulation 21D; and
(d)
produce one of the forms of evidence of address specified in regulation 21E; and
(e)
produce, or permit the issuer to take, 2 photographs of the applicant that comply with regulation 21F.
Regulation 21A: inserted, on 8 October 1999, by regulation 3 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
21B Information to be included in statutory declaration
The statutory declaration must include the following information:
(a)
the applicant’s full name:
(b)
the applicant’s residential and postal addresses:
(c)
the applicant’s date of birth:
(d)
the applicant’s place of birth:
(e)
the applicant’s gender.
Regulation 21B: inserted, on 8 October 1999, by regulation 3 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
21C Forms of evidence of identification
The forms of evidence of identification are any of the following that have been issued to the applicant:
(a)
a New Zealand passport that is current or has expired within the 2 years immediately preceding the date of the application:
(b)
a New Zealand driver licence that is current or has expired within the 2 years immediately preceding the date of the application:
(c)
an overseas passport that is current or has expired within the 2 years immediately preceding the date of the application:
(d)
any of the following certificates issued under the Citizenship Act 1977:
(i)
a certificate of New Zealand citizenship:
(ii)
a certificate confirming New Zealand citizenship:
(iii)
a certificate confirming registration of citizenship by descent:
(e)
a certificate of identity, issued under the Passports Act 1992, that is current or has expired within the 2 years immediately preceding the date of the application:
(f)
a certificate of identity, as defined in section 4 of the Immigration Act 2009, that is current or has expired within the 2 years immediately preceding the date of the application:
(g)
[Revoked](h)
a refugee travel document, issued by or on behalf of the New Zealand Government, that is current or has expired within the 2 years immediately preceding the date of the application:
(i)
a full birth certificate issued in New Zealand, the Cook Islands, Niue, or Tokelau:
(j)
a birth certificate issued in a country (other than New Zealand, the Cook Islands, Niue, or Tokelau) containing information equivalent to that contained in a full New Zealand birth certificate.
Regulation 21C: inserted, on 8 October 1999, by regulation 3 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
Regulation 21C(f): amended, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).
Regulation 21C(g): revoked, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).
21D Statement as to identification
A statement as to identification complies with this regulation if the statement—
(a)
contains the full name, address, and occupation of—
(i)
the person making the statement (the person); and
(ii)
the applicant; and
(b)
states that the person—
(i)
is 20 years of age or older, as the case may be; and
(ii)
holds a current New Zealand passport or a current New Zealand driver licence or a current overseas passport, and provides sufficient information (including the number) to identify the passport or licence; and
(iii)
is not a relative, spouse, civil union partner, or de facto partner of the applicant; and
(iv)
does not live at the same address as the applicant; and
(c)
states that the person has known the applicant for not less than 1 year; and
(d)
states that the person believes that the applicant is 18 years of age or older, as the case may be; and
(e)
has attached to it a photograph of the applicant that—
(i)
complies with regulation 21F; and
(ii)
has, on the back of it, a certificate by the person that the photograph is a true likeness of the applicant.
Regulation 21D: inserted, on 8 October 1999, by regulation 3 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
Regulation 21D(b)(iii): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).
21E Forms of evidence of address
The forms of evidence of address are as follows:
(a)
an account statement, issued to the applicant in the 12 months immediately preceding the date of the application, from a bank, building society, credit union, or credit card issuer:
(b)
a telephone, gas, or electricity account issued to the applicant in the 6 months immediately preceding the date of the application:
(c)
a form of identification issued in the 12 months immediately preceding the date of the application that includes the name and address of the applicant and that is acceptable to the issuer as evidence of the applicant’s address.
Regulation 21E: inserted, on 8 October 1999, by regulation 3 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
21F Applicant’s photographs
The photographs of the applicant comply with this regulation if they show the applicant without wearing any item (such as sunglasses, a hat, or head coverings) that obscures the applicant’s face or prevents the photographs from being a good likeness of the applicant, unless—
(a)
the applicant is required to wear the item for religious or medical reasons; and
(b)
the applicant signs and supplies to the issuer a statement to that effect.
Regulation 21F: inserted, on 8 October 1999, by regulation 3 of the Sale of Liquor Amendment Regulations 1999 (SR 1999/335).
Administration and appeals
22 Annual return
[Revoked]Regulation 22: revoked, on 1 April 2000, by regulation 18 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
23 Appeals to Licensing Authority
(1)
Where, on an appeal under section 137 of the Act, the Licensing Authority is not satisfied that a copy of the notice of appeal has been given to each of the other parties to the proceedings before the District Licensing Agency, the Licensing Authority may adjourn the proceedings and give such directions for the service of copies of the notice as it thinks fit.
(2)
Every person on whom a copy of the notice of appeal is duly served shall be entitled to attend as a party to the proceedings before the Licensing Authority.
24 Records to be kept by Secretary of Licensing Authority
The following particulars shall be recorded in the register set up by the Secretary of the Licensing Authority under section 220 of the Act:
(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:
(b)
the name and address of the applicant:
(c)
the nature of the application:
(d)
the premises or conveyance in respect of which the application is made:
(e)
the date on which the application is heard or determined:
(f)
the manner in which the application is disposed of:
(g)
a copy of the licence or certificate, or renewal of licence or certificate, as the case may be.
Regulation 24(a): substituted, on 1 April 2000, by regulation 19(1) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 24(aa): inserted, on 1 April 2000, by regulation 19(1) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 24(g): added, on 1 April 2000, by regulation 19(2) of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
25 Records to be kept by Secretary of District Licensing Agency
The following particulars relating to special licences shall be recorded in the register set up by the Secretary of each District Licensing Agency under section 221(2) of the Act:
(a)
the name and address of the applicant:
(b)
the date on which the application is received:
(c)
the particular occasion or event, or series of occasions or events, or the particular kind or kinds of social gatherings, for which the licence is sought:
(d)
the premises or conveyance for which the licence is sought:
(e)
the date on which the application is heard or determined:
(f)
the manner in which the application is disposed of.
26 Reports
The Licensing Authority may, in respect of any application or matter before it, obtain a report from the Police or from any District Licensing Agency, inspector, Medical Officer of Health, or Chief Fire Officer, or from any other person authorised in any particular case to furnish a report.
27 Notice of objection
Every notice of objection filed with the Secretary of the Licensing Authority or the Secretary of a District Licensing Agency pursuant to the Act or these regulations shall set forth the grounds of the objection.
28 Service of documents
(1)
Subject to the provisions of the Act and of these regulations, any notice, summons, or other document required by the Act or these regulations to be served on or given or sent to any person may be served by delivering it to that person or by leaving it at his or her usual or last known place of residence or business, or by posting it by registered letter addressed to the person at his or her address for service under section 223 of the Act or, if there is no such address for service, at his or her usual or last known place of residence or business. If so posted, it shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered.
(2)
If the person is absent from New Zealand, the notice, summons, or other document may be served in a manner referred to in subclause (1) on his or her agent in New Zealand. If the person is deceased, it may be served in any such manner on his or her personal representative.
(3)
If the person or his or her place of residence or business is not known, or if the person is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representative, the notice, summons, or other document may be served in such manner as may be directed by the chairperson of the Licensing Authority or (as the case may require) the chairperson of the District Licensing Agency.
(4)
Notwithstanding anything in this regulation, the chairperson of the Licensing Authority or (as the case may require) the chairperson of the District Licensing Agency may in any case direct the manner in which any notice, summons, or other document is to be served, or direct that service be dispensed with.
Fees
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 |
| (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 |
| (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 |
| (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 |
| (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 |
| (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 |
| (g) | on making application under section 76 of the Act for a special licence | 63 |
| (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 |
| (i) | on making application under section 221 of the Act for an extract from any record or register | 23 |
| (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. |
(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 $124.
(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 $21.
Regulation 29: substituted, on 1 April 2000, by regulation 20 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Regulation 29(2): amended, on 1 April 2007, by regulation 4(1) of the Sale of Liquor Amendment Regulations 2007 (SR 2007/41).
Regulation 29(3): amended, on 1 April 2007, by regulation 4(2) of the Sale of Liquor Amendment Regulations 2007 (SR 2007/41).
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 |
| (b) | on making application under section 220 of the Act for an extract from any record or register | 23 |
| (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 |
| (d) | for every permanent club charter an annual fee of | 1,035. |
Regulation 30: substituted, on 1 April 2000, by regulation 20 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
31 Fees inclusive of goods and services tax
The fees fixed by these regulations are inclusive of goods and services tax under the Goods and Services Tax Act 1985.
Licensing trusts
32 Remuneration of president
The maximum remuneration payable immediately before the commencement of this Act to the chairman of any licensing trust under section 8(1) of the Licensing Trusts Act 1949 or section 9(1) of the Invercargill Licensing Trust Act 1950 or section 9(1) of the Masterton Licensing Trust Act 1947 shall be deemed to be the maximum fixed under section 199 of the Act in respect of the remuneration payable to the president of that Trust, but without limiting the power of the Minister to fix a different maximum in any case in accordance with section 199 of the Act.
33 Remuneration of other members
A licensing trust may pay to each of its members, other than the president, in respect of each meeting of the trust or of any committee of the trust attended by that member, remuneration at a rate fixed by the trust not exceeding $280, but no more than $14,560 in total in any financial year.
Regulation 33: amended, on 30 November 2007 (but not applying in respect of a meeting of a licensing trust or committee of a licensing trust held before that date), by regulation 4(1)(a) of the Sale of Liquor Amendment Regulations (No 2) 2007 (SR 2007/331).
Regulation 33: amended, on 30 November 2007 (but not applying in respect of a meeting of a licensing trust or committee of a licensing trust held before that date), by regulation 4(1)(b) of the Sale of Liquor Amendment Regulations (No 2) 2007 (SR 2007/331).
34 Request to constitute licensing trust
Regulation 34: amended, on 1 April 2000, by regulation 21 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
35 Appointment of scrutineer to advise Minister
(1)
Where the Minister receives a written request to constitute a licensing trust, the Minister may, by notice in writing, require the Licensing Authority to appoint a scrutineer to peruse the request and to advise the Minister on it.
(2)
In particular, the scrutineer shall—
(a)
scrutinise the names, addresses, and occupations of the signatories to the request to ensure that they include at least 15% of the residents of the area, being persons qualified to vote in local authority elections; and
(b)
check the description of the proposed trust district to ensure that no part of it is included in the district of any other licensing trust.
36 Note of proposal to amalgamate
Where a licensing trust gives public notice under subsection (2) of 211 of the Act of a proposal to amalgamate with any other licensing trust, the notice shall include a statement of the right of the electors of the trust under subsection (4) of that section to require a poll of electors to be held on the amalgamation proposal.
37 Written notice requiring poll
Where written notice is to be given to a licensing trust requiring the holding of a poll on an amalgamation proposal under section 211(4) of the Act, or on a competition proposal under section 215(3)(b) of the Act, or on a proposal to reconstitute a licensing trust as a community trust under section 219E(2) or section 219F(2) of the Act, the notice shall be given in form 27.
Regulation 37: amended, on 1 October 2004, by regulation 3 of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
Regulation 37: amended, on 1 April 2000, by regulation 22 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
38 Appointment of scrutineer to advise trust
(1)
Where a licensing trust receives a written request for the holding of a poll on an amalgamation proposal under section 211(4) of the Act, or on a competition proposal under section 215(3)(b) of the Act, or on a proposal to reconstitute a licensing trust as a community trust under section 219E(2) or section 219F(2) of the Act, the licensing trust shall, by notice in writing, require the Licensing Authority to appoint a scrutineer to peruse the request and to advise the licensing trust on it.
(2)
In particular, the scrutineer shall scrutinise the names, addresses, and occupations of the signatories to the request to ensure that they include at least 15% of the electors of the trust.
Regulation 38(1): amended, on 1 October 2004, by regulation 4 of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
39 Conduct of polls
(1)
The Licensing Authority must direct that a poll be held where—
(a)
a scrutineer appointed under regulation 38 has informed the Licensing Authority that at least 15% of the electors of the licensing trust have requested that a poll be held on an amalgamation proposal under section 211 of the Act, or on a competition proposal under section 215 of the Act, or on a proposal to reconstitute a licensing trust as a community trust under section 219E(2) or section 219F(2) of the Act; or
(b)
a licensing trust has informed the Licensing Authority that it has resolved that a poll be held on any competition proposal under section 215 of the Act, or reconstitution proposal under section 219E(2) or section 219F(2) of the Act.
(2)
By the same or any further direction, the Licensing Authority may also—
(a)
fix a date for the taking of the poll; and
(b)
fix a date for the closing of the rolls of electors; and
(c)
appoint an electoral officer to conduct the poll; and
(d)
give such directions as may be necessary in relation to the form of notices to be given by the electoral officer in respect of the poll; and
(e)
determine the form of the ballot paper; and
(f)
authorise or direct the doing of any other thing necessary or expedient for the taking of the poll.
(3)
The Licensing Authority may direct that the rolls of electors of the appropriate electoral districts (including Maori electoral districts) for the time being in force, or the rolls of electors of the districts or portions of the districts of any local authorities for the time being in force, shall be suitably marked to indicate the persons entitled to vote and used as the rolls of electors for the purposes of the poll and for the purpose of ensuring that electors residing, on the date fixed for the closing of the rolls, in the area in which the poll is to be taken are entitled to vote, may direct that the electoral officer shall prepare a supplementary roll.
(4)
Every poll under this section shall be a poll of the persons who are residing, on the date fixed for the closing of the rolls, in the area and who are qualified as electors of any local authority having jurisdiction in that area.
(5)
Subject to any directions given by the Licensing Authority, the provisions of the Local Electoral Act 2001, so far as they are applicable and with any necessary modifications, shall apply to the poll.
Regulation 39(1): substituted, on 1 October 2004, by regulation 5 of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
Regulation 39(2)(c): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
Regulation 39(2)(d): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
Regulation 39(3): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
Regulation 39(5): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
40 Cost of polls
All costs and expenses of or incidental to the holding of any poll held under section 211 or section 215 or section 219E or section 219F of the Act shall be borne by the trust or trusts concerned.
Regulation 40: amended, on 1 October 2004, by regulation 6 of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
41 Application to trust polls
The provisions of regulation 39(2), except paragraph (a), shall apply with any necessary modifications to any poll held under section 249(3)(a) or section 250(3)(a) or section 251(3)(a) or section 252(3)(a) or section 253(3)(a) of the Act.
Community trusts
Heading: inserted, on 1 October 2004, by regulation 7 of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
41A Application to amalgamation polls
Regulations 37 to 40 apply, with any necessary modifications, to any poll held under section 219Z(5) of the Act.
Regulation 41A: inserted, on 1 October 2004, by regulation 7 of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
Transitional provisions and revocations
42 Issue of converted licences
[Revoked]Regulation 42: revoked, on 1 April 2000, by regulation 23 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
43 Converted licences generally
[Revoked]Regulation 43: revoked, on 1 April 2000, by regulation 23 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
44 Special provisions relating to New Zealand Railways Corporation
[Revoked]Regulation 44: revoked, on 1 April 2000, by regulation 23 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
45 Revocations
The regulations and orders specified in Schedule 2 are hereby revoked.
Schedule 1 Prescribed forms
Schedule 1: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Contents
Form 1 Public notice
[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 [specify].
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 [specify] 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. |
Schedule 1 form 1: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 1A Public notice
[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 [specify]).
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 [specify] 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].
Schedule 1 form 1A: inserted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 2 Application for on-licence (for premises)
To the Secretary
The District Licensing Agency,
at [place]
Application for an on-licence is made in accordance with the details set out below.
1
Details of applicant(s)
(a)
Full name, address, and occupation: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
(d)
Full name and address of manager or managers to be employed, and certificate numbers of manager’s certificate(s): [specify]
(e)
Status of applicant (tick appropriate box):
| Natural person □ | Private company □ | Public company □ | |||
| Body corporate to which section 8(1)(ba) of the Act applies □ | Board, organisation, or other body to which section 8(1)(bb) of the Act applies □ | ||||
| Licensing trust □ | Partnership □ | Government department or other instrument of the Crown □ | |||
| Local authority □ | Trustee □ | Manager under the Protection of Personal and Property Rights Act 1988 □ |
2
Further details where applicant is a company
(a)
Date of incorporation: [specify]
(b)
Place of incorporation: [specify]
(c)
Full details of each director, and the secretary, as follows:
| Name | Address | Date of birth | Place of birth | Designation | |||||
(d)
(In the case only of a private company):
| Authorised capital □ | Paid-up capital □ | |
(e)
(In the case only of a private company) full details of each person who holds any shares issued by the company:
| Name | Address | Date of birth | Place of birth | Designation | Face value of shares held | |||||
(f)
(In the case only of a public company) full details of each person who holds 20% or more of the shares, or of any particular class of shares, issued by the company:
| Name | Address | Date of birth | Place of birth | Designation | |||||
3
Further details where applicant is a partnership
(a)
Full details of each partner as follows:
| Name | Address | Date of birth | Place of birth | |
(b)
Signature of each partner:
4
Premises details
(a)
Address of proposed licensed premises: [specify]
(b)
Proposed trading name for premises (if any): [specify]
(c)
Is a licence sought conditional upon construction or completion of the premises? Yes/No
(d)
Does the applicant own the proposed licensed premises: Yes/No
If No,—
(i)
what is the full name and address of the owner? [specify]
(ii)
what form of tenure of the premises will the applicant have (including term of tenure)? [specify]
(e)
What part (if any) of the premises does the applicant intend should be designated as—
(i)
a restricted area:
(ii)
a supervised area:
5
Business details
(a)
What is the general nature of the business to be conducted by the applicant in the premises if the licence is granted? [For example, hotel, tavern, restaurant, entertainment/nightclub]
(b)
Is the sale of liquor intended to be the principal purpose of the business? Yes/No
If No, what is intended to be the principal purpose of the business? [specify]
(c)
Is the applicant engaged, or intending to be engaged, in the sale or supply of any goods other than liquor and food, or in the provision of any services other than those directly related to the sale or supply of liquor and food? Yes/No
If Yes, what is the nature of those other goods or services? [specify]
(d)
On which days and during which hours does the applicant intend to sell liquor under the licence? [specify]
(e)
(In the case only of a BYO restaurant) does the applicant wish to have the licence endorsed under section 28 of the Act? Yes/No
6
Conditions
(a)
What provision does the applicant intend to make for the sale and supply of—
(i)
food? [specify]
(ii)
non-alcoholic refreshments? [specify]
(iii)
low-alcohol beverages? [specify]
(b)
What steps does the applicant propose to take to ensure that the requirements of the Act in relation to the sale of liquor to prohibited persons are observed? [specify]
(c)
What steps does the applicant propose to take to provide assistance with or information about alternative forms of transport from the licensed premises? [specify]
(d)
What other steps does the applicant propose to take aimed at promoting the responsible consumption of liquor? [specify]
Dated at: [place, date]
Signature of applicant:
Notes
(1)
In respect of the status of the applicant, see section 8 of the Sale of Liquor Act 1989.
(2)
For the matters that are to accompany this application, see regulation 5(3) of the Sale of Liquor Regulations 1990.
(3)
Within 20 working days after filing this application with the District Licensing Agency, the applicant must give public notice of the application in form 1. The notice must be published twice in a newspaper or newspapers circulating in the district and nominated by the Secretary of the District Licensing Agency, with not less than 5 days and not more than 10 days between the 2 dates of publication.
(4)
Within 10 working days after filing this application with the District Licensing Agency, the applicant must ensure that notice of the application in form 1A is attached in a conspicuous place on or adjacent to the site to which the application relates (unless the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so).
Schedule 1 form 2: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 3 Application for on-licence (for conveyance)
To the Secretary
The District Licensing Agency,
at [place]
Application for an on-licence is made in accordance with the details set out below.
1
Details of applicant(s)
(a)
Full name, address, and occupation: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
(d)
Full name and address of manager or managers to be employed, and certificate numbers of manager’s certificate(s): [specify]
(e)
Status of applicant (tick appropriate box):
| Natural person □ | Private company □ | Public company □ | |||
| Body corporate to which section 8(1)(ba) of the Act applies □ | Board, organisation, or other body to which section 8(1)(bb) of the Act applies □ | ||||
| Licensing trust □ | Partnership □ | Government department or other instrument of the Crown □ | |||
| Local authority □ | Trustee □ | Manager under the Protection of Personal and Property Rights Act 1988 □ |
2
Further details where applicant is a company
(a)
Date of incorporation: [specify]
(b)
Place of incorporation: [specify]
(c)
Full details of each director, and the secretary, as follows:
| Name | Address | Date of birth | Place of birth | Designation | |||||
(d)
(In the case only of a private company):
| Authorised capital □ | Paid-up capital □ | |
(e)
(In the case only of a private company) full details of each person who holds any shares issued by the company:
| Name | Address | Date of birth | Place of birth | Designation | Face value of shares held | |||||
(f)
(In the case only of a public company) full details of each person who holds 20% or more shares, or of any particular class of shares, issued by the company:
| Name | Address | Date of birth | Place of birth | Designation | |
3
Further details where applicant is a partnership
(a)
Full details of each partner as follows:
| Name | Address | Date of birth | Place of birth | |
(b)
Signature of each partner:
4
Conveyance details
(a)
Type of conveyance: [specify]
(b)
Address of home base (if any): [specify]
(c)
Proposed trading name for conveyance (if any): [specify]
(d)
Is a licence sought conditional upon construction or completion of the conveyance? Yes/No
(e)
Does the applicant own the conveyance? Yes/No
If No,—
(i)
what is the full name and address of the owner? [specify]
(ii)
what form of tenure of the conveyance will the applicant have (including term of tenure)? [specify]
(f)
What part (if any) of the conveyance does the applicant intend should be designated as—
(i)
a restricted area? [specify]
(ii)
a supervised area? [specify]
(g)
Is a current Safe Ship Management Certificate (if a ship, ferry, or hovercraft) or a current certificate of airworthiness (if an aircraft) in effect for this conveyance? Yes/No
5
Business details
(a)
What is the general nature of the business to be conducted by the applicant if the licence is granted? [for example, transportation of passengers by ship, aircraft, rail, or coach, scenic trips]
(b)
Is the sale of liquor intended to be the principal purpose of the business? Yes/No
If No, what is intended to be the principal purpose of the business? [specify]
(c)
Is the applicant engaged, or intending to be engaged, in the sale or supply of any goods other than liquor and food, or in the provision of any services other than those directly related to the sale or supply of liquor and food? Yes/No
If Yes, what is the nature of those other goods or services? [specify]
(d)
On which days and during which hours does the applicant intend to sell liquor under the licence? [specify]
6
Conditions
(a)
What provision does the applicant intend to make for the sale and supply of—
(i)
food? [specify]
(ii)
non-alcoholic refreshments? [specify]
(iii)
low-alcoholic beverages? [specify]
(b)
What steps does the applicant propose to take to ensure that the requirements of the Act in relation to the sale of liquor to prohibited persons are observed? [specify]
(c)
What steps does the applicant propose to take to provide assistance with or information about alternative forms of transport from the licensed premises? [specify]
(d)
What other steps does the applicant propose to take aimed at promoting the responsible consumption of liquor? [specify]
Dated at: [place, date]
Signature of applicant:
Notes
1
In respect of the status of the applicant, see section 8 of the Sale of Liquor Act 1989.
2
For the matters that are to accompany this application, see regulation 5(3) of the Sale of Liquor Regulations 1990.
3
Within 20 working days after filing this application with the District Licensing Agency, the applicant must give public notice of the application in form 1. The notice must be published twice in a newspaper or newspapers circulating in the district and nominated by the Secretary of the District Licensing Agency, with not less than 5 days and not more than 10 days between the 2 dates of publication.
4
Within 10 working days after filing this application with the District Licensing Agency, the applicant must ensure that notice of the application in form 1A is attached in a conspicuous place on or adjacent to the site to which the application relates (unless the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so).
Schedule 1 form 3: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 4 On-licence (for premises)
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 that 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 case of 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: [specify]
(ii)
a supervised area: [specify]
*(d)
Liquor may be sold only on the following days and during the following hours: [specify]
*(e)
Food must be available for consumption on the premises as follows: [specify]
*(f)
Low-alcohol beverages must be available for sale and supply on the premises as follows: [specify]
*(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: [specify]
*(h)
The following other steps must be taken to promote the responsible consumption of liquor: [specify]
*(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: [specify]
*(j)
The whole (or each of the following parts) of the premises is designated as—
(i)
restricted area: [specify]
(ii)
supervised area: [specify]
*(k)
Liquor may be sold or supplied only to the following persons or types of persons: [specify]
| *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: [place, date]
[Signature]
(Secretary, Liquor Licensing Authority (or District Licensing Agency))
Schedule 1 form 4: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 5 On-licence (for conveyance)
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: [specify]
*(c)
Food must be available for consumption on the conveyance as follows: [specify]
*(d)
Low-alcohol beverages must be available for sale and supply on the conveyance as follows: [specify]
*(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: [specify]
*(f)
The following other steps must be taken to promote the responsible consumption of liquor: [specify]
*(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: [specify]
*(h)
The whole (or each of the following parts) of the conveyance is designated as—
(i)
a restricted area: [specify]
(ii)
a supervised area: [specify]
*(i)
Liquor may be sold or supplied only to the following persons or types of persons: [specify]
| *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: [place, date]
[Signature]
(Secretary, Liquor Licensing Authority (or District Licensing Agency))
Schedule 1 form 5: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 6 Application for off-licence
To the Secretary
The District Licensing Agency,
at [place]
Application for an off-licence is made in accordance with the details set out below.
1
Details of applicant(s)
(a)
Full name, address, and occupation: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
(d)
Full name and address of manager or managers to be employed, and certificate numbers of manager’s certificate(s): [specify]
(e)
Status of applicant (tick appropriate box):
| Natural person □ | Private company □ | Public company □ | |||
| Body corporate to which section 30(1)(ba) of the Act applies □ | Board, organisation, or other body to which section 30(1)(bb) of the Act applies □ | ||||
| Licensing trust □ | Partnership □ | Government department or other instrument of the Crown □ | |||
| Local authority □ | Trustee □ | Manager under the Protection of Personal and Property Rights Act 1988 □ | |||
| Club □ |
2
Further details where applicant is a company
(a)
Date of incorporation: [specify]
(b)
Place of incorporation: [specify]
(c)
Full details of each director, and the secretary, as follows:
| Name | Address | Date of birth | Place of birth | Designation | |
(d)
(In the case only of a private company):
| Authorised capital □ | Paid-up capital □ | |
(e)
(In the case only of a private company) full details of each person who holds any shares issued by the company:
| Name | Address | Date of birth | Place of birth | Designation | Face value of shares held |
(f)
(In the case only of a public company) full details of each person who holds 20% or more of the shares, or of any particular class of shares, issued by the company:
| Name | Address | Date of birth | Place of birth | Designation | |
3
Further details where applicant is a partnership
(a)
Full details of each partner as follows:
| Name | Address | Date of birth | Place of birth | |
(b)
Signature of each partner:
4
Premises details
(a)
Address of proposed licensed premises: [specify]
(b)
Type of premises (tick appropriate box):
| Hotel or tavern □ | Club □ | Club premises on which principal business is manufacture or sale of liquor □ | |
| Supermarket □ | Grocery store □ | Other □ |
(c)
Proposed trading name for premises (if any): [specify]
(d)
Is a licence sought conditional upon construction or completion of the premises? Yes/No
(e)
Does the applicant own the proposed licensed premises? Yes/No
If No,—
(i)
what is the full name and address of the owner? [specify]
(ii)
what form of tenure of the premises will the applicant have (including term of tenure)? [specify]
(f)
What part (if any) of the premises does the applicant intend should be designated as—
(i)
a restricted area: [specify]
(ii)
a supervised area: [specify]
5
Business details
(a)
Does the applicant seek the licence in connection with the business of a caterer? Yes/No
(b)
Does the applicant seek the licence in connection with the business of an auctioneer? Yes/No
(c)
Is the sale of liquor intended to be the principal purpose of the business? Yes/No
If No,—
(i)
what is intended to be the principal purpose of the business? [specify]
(ii)
what part of section 36 of the Act is applicable to this application? [specify]
(d)
Is the applicant engaged, or intending to be engaged, in the sale or supply of any goods other than liquor and food, or in the provision of any services other than those directly related to the sale or supply of liquor and food? Yes/No
If Yes, what is the nature of those other goods or services? [specify]
(e)
On which days and during which hours does the applicant intend to sell liquor under the licence? [specify]
(f)
Does the applicant intend to provide complimentary samples of liquor on the premises? Yes/No
6
Conditions
(a)
What steps does the applicant propose to take to ensure that the requirements of the Act in relation to the sale of liquor to prohibited persons are observed? [specify]
(b)
(Where the principal business is other than the manufacture or sale of liquor) what kind or kinds of liquor does the applicant intend to sell or deliver under the licence? [specify]
Dated at: [place, date]
Signature of applicant:
Notes
1
In respect of the status of the applicant, see section 30 of the Sale of Liquor Act 1989.
2
For the matters that are to accompany this application, see regulation 8(2) of the Sale of Liquor Regulations 1990.
3
Within 20 working days after filing this application with the District Licensing Agency, the applicant must give public notice of the application in form 1. The notice must be published twice in a newspaper or newspapers circulating in the district and nominated by the Secretary of the District Licensing Agency, with not less than 5 days and not more than 10 days between the 2 dates of publication.
4
Within 10 working days after filing this application with the District Licensing Agency, the applicant must ensure that notice of the application in form 1A is attached in a conspicuous place on or adjacent to the site to which the application relates (unless the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so).
Schedule 1 form 6: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 7 Off-licence
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, Christmas Day, or before 1 pm on Anzac Day:
(ab)
(Except in the case of a licence endorsed under section 51 of the Act) no liquor is to be sold or delivered on Easter Sunday unless the liquor is grape wine or fruit wine that is made—
(i)
on the premises; or
(ii)
from grapes or fruit harvested from land on which the premises are situated:
(b)
(In the case only where the licensee is the holder of a club licence) liquor may be sold or supplied only to—
(i)
any member of the club: or
(ii)
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:
(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:
(vii)
any food condiment containing liquor if the food condiment has been prepared for culinary purposes and the food condiment has been rendered unsuitable for drinking:
*(d)
Liquor may be sold only on the following days and during the following hours: [specify]
*(e)
The whole (or each of the following parts) of the premises is designated as—
(i)
a restricted area: [specify]
(ii)
a supervised area: [specify]
*(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: [specify]
*(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: [specify]
*(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: [place, date]
[Signature]
(Secretary, Liquor Licensing Authority (or District Licensing Agency))
Schedule 1 form 7: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Schedule 1 form 7: amended, on 1 October 2004, by regulation 8(1) of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
Schedule 1 form 7: amended, on 1 October 2004, by regulation 8(2) of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
Schedule 1 form 7: amended, on 1 October 2004, by regulation 8(3) of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
Schedule 1 form 7: amended, on 1 October 2004, by regulation 8(4) of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
Form 8 Application for club licence
To the Secretary
The District Licensing Agency,
at [place]
Application for a club licence is made in accordance with the details set out below.
1
Details of club
(a)
Name: [specify]
(b)
Is the club incorporated? Yes/No
If Yes,—
(i)
under what Act is the club incorporated? [specify]
(ii)
what is the date of the club’s incorporation? [specify]
(c)
Postal address for service of documents: [specify]
(d)
Daytime contact name and telephone number: [specify]
(e)
Full name and address of manager or managers to be employed, and certificate numbers of manager’s certificate(s): [specify]
(f)
Status of club (tick appropriate box):
| Chartered club □ | Sports club □ | Other (provide details) □ |
(g)
Predominant purpose: [specify]
(h)
Membership [specify] of whom about [specify] are under the age of 18 years
(i)
Full name, address, and occupation of the secretary: [specify]
2
Premises details
(a)
Address of club premises: [specify]
(b)
Is a licence sought conditional upon construction or completion of the premises? Yes/No
(c)
Does the club own the proposed licensed premises? Yes/No
If No,—
(i)
what is the full name and address of the owner? [specify]
(ii)
what form of tenure of the premises will the club have (including term of tenure)? [specify]
(d)
What part (if any) of the premises does the club intend should be designated as—
(i)
a restricted area: [specify]
(ii)
a supervised area: [specify]
(e)
Does the club share the premises with any other club? Yes/No
If Yes,—
(i)
what is the name of the other club? [specify]
(ii)
what months of the year do the respective clubs use the premises? [specify]
3
Conditions
(a)
On which days and during which hours does the club intend to sell liquor under this licence? [specify]
(b)
What provision does the club intend to make for the sale and supply of—
(i)
food? [specify]
(ii)
non-alcoholic refreshments and low-alcohol beverages? [specify]
(c)
What steps does the applicant propose to take to provide assistance with or information about alternative forms of transport from the licensed premises? [specify]
(d)
What other steps does the applicant propose to take aimed at promoting the responsible consumption of liquor? [specify]
(e)
What steps does the club propose to take to ensure that the requirements of the Act in relation to the sale of liquor to prohibited persons are observed? [specify]
Dated at: [place, date]
Signed on behalf of the [specify] club by:
[Signature]
[Designation]
Notes
1
For the matters that are to accompany this application, see regulation 11(2) of the Sale of Liquor Regulations 1990.
2
Within 20 working days after filing this application with the District Licensing Agency, the applicant must give public notice of the application in form 1. The notice must be published twice in a newspaper or newspapers circulating in the district and nominated by the Secretary of the District Licensing Agency, with not less than 5 days and not more than 10 days between the 2 dates of publication.
3
Within 10 working days after filing this application with the District Licensing Agency, the applicant must ensure that notice of the application in form 1A is attached in a conspicuous place on or adjacent to the site to which the application relates (unless the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so).
Schedule 1 form 8: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 9 Club licence
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: [specify]
*(f)
food must be available for consumption on the premises as follows: [specify]
(g)
low-alcohol beverages must be available for sale and supply on the premises as follows: [specify]
*(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: [specify]
*(i)
the following other steps must be taken to promote the responsible consumption of liquor: [specify]
*(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: [specify]
*(k)
the whole (or each of the following parts) of the premises is designated as—
(i)
a restricted area: [specify]
(ii)
a supervised area: [specify]
*(l)
liquor may be sold or supplied only to the following persons or types of persons: [specify]
*(m)
(where the application was made on behalf of an unincorporated association of persons) the club must become incorporated on or before [date]:
| *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: [place, date]
[Signature]
(Secretary, Liquor Licensing Authority (or District Licensing Agency))
Schedule 1 form 9: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 10 Application for special licence (for premises)
To the Secretary
The District Licensing Agency,
at [place]
Application for a special licence is made in accordance with the details set out below.
1
Details of applicant(s)
(a)
Full name(s): [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
(d)
Full name and address of manager or managers to be employed, and certificate numbers of manager’s certificate(s): [specify]
(e)
Status of applicant (tick appropriate box):
| Natural person □ | Private company □ | Public company □ | |||
| Body corporate to which section 75(ba) of the Act applies □ | Board, organisation, or other body to which section 75(bb) of the Act applies □ | ||||
| Licensing trust □ | Partnership □ | Government department or other instrument of the Crown □ | |||
| Local authority □ | Trustee □ | Manager under the Protection of Personal and Property Rights Act 1988 □ | |||
| Club □ |
2
Premises details
(a)
Address of proposed licensed premises: [specify]
(b)
Proposed trading name for premises (if any): [specify]
(c)
Is a licence sought conditional upon construction or completion of the premises? Yes/No
(d)
Does the applicant own the proposed licensed premises? Yes/No
If No,—
(i)
what is the full name and address of the owner? [specify]
(ii)
what form of tenure of the premises will the applicant have (including term of tenure)? [specify]
(e)
What part (if any) of the premises does the applicant intend should be designated as—
(i)
a restricted area: [specify]
(ii)
a supervised area: [specify]
3
Purposes (to be included only where the application is made for a licence under section 73 of the Act)
(a)
What is the occasion or event, or series of occasions or events, in respect of which the licence is sought? [specify]
(b)
When is this occasion or event, or series of occasions or events, to occur? [specify]
(c)
On which days and during which hours does the applicant intend to sell liquor under the licence? [specify]
4
Purposes (to be included only where the application is made for a licence under section 74 of the Act)
(a)
Identifying particulars of the on-licence or club licence held by the applicant: [specify]
(b)
Address and trading name (if any) of licensed premises: [specify]
(c)
In respect of what kind or kinds of social gatherings is the licence sought? [specify]
(d)
When are the social gatherings to be held? [specify]
(e)
On which days and during what hours does the applicant intend to sell liquor under the licence? [specify]
5
Conditions
(a)
What provision does the applicant intend to make for the sale and supply of—
(i)
food? [specify]
(ii)
non-alcoholic refreshments? [specify]
(iii)
low-alcohol beverages? [specify]
(b)
What steps does the applicant propose to take to provide assistance with or information about alternative forms of transport from the licensed premises? [specify]
(c)
What other steps does the applicant propose to take aimed at promoting the responsible consumption of liquor? [specify]
(d)
What steps does the applicant propose to take to ensure that the requirements of the Act in relation to the sale of liquor to prohibited persons are observed? [specify]
(e)
What containers does the applicant propose to sell liquor in? [specify]
Dated at: [place, date]
Signature of applicant:
Notes
1
In respect of the status of the applicant, see section 75 of the Sale of Liquor Act 1989.
2
For the matters that are to accompany this application, see regulation 14(3) of the Sale of Liquor Regulations 1990.
Schedule 1 form 10: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 11 Application for special licence (for conveyance)
To the Secretary
The District Licensing Agency,
at [place]
Application for a special licence is made in accordance with the details set out below.
1
Details of applicant(s)
(a)
Full name(s): [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number [specify]
(d)
Full name and address of manager or managers to be employed, and certificate numbers of manager’s certificate(s): [specify]
(e)
Status of applicant (tick appropriate box):
| Natural person □ | Private company □ | Public company □ | |||
| Body corporate to which section 75(ba) of the Act applies □ | Board, organisation, or other body to which section 75(bb) of the Act applies □ | ||||
| Licensing trust □ | Partnership □ | Government department or other instrument of the Crown □ | |||
| Local authority □ | Trustee □ | Manager under the Protection of Personal and Property Rights Act 1988 □ | |||
| Club □ |
2
Premises details
(a)
Type of conveyance: [specify]
(b)
Address of home base (if any): [specify]
(c)
Proposed trading name for conveyance (if any): [specify]
(d)
Is a licence sought conditional upon construction or completion of the conveyance? Yes/No
(e)
Does the applicant own the conveyance? Yes/No
If No,—
(i)
what is the full name and address of the owner? [specify]
(ii)
what form of tenure of the premises will the applicant have (including term of tenure)? [specify]
(f)
What part (if any) of the conveyance does the applicant intend should be designated as—
(i)
a restricted area: [specify]
(ii)
a supervised area: [specify]
3
Purposes
(a)
What is the occasion or event, or series of occasions or events, in respect of which the licence is sought? [specify]
(b)
When is this occasion or event, or series of occasions or events, to occur? [specify]
(c)
On which days and during which hours does the applicant intend to sell liquor under the licence? [specify]
4
Conditions
(a)
What provision does the applicant intend to make for the sale and supply of—
(i)
food? [specify]
(ii)
non-alcoholic refreshments? [specify]
(iii)
low-alcohol beverages? [specify]
(b)
What steps does the applicant propose to take to provide assistance with or information about alternative forms of transport from the licensed premises? [specify]
(c)
What other steps does the applicant propose to take aimed at promoting the responsible consumption of liquor? [specify]
(d)
What steps does the applicant propose to take to ensure that the requirements of the Act in relation to the sale of liquor to prohibited persons are observed? [specify]
(e)
What containers does the applicant propose to sell liquor in? [specify]
Dated at: [place, date]
Signature of applicant:
Notes
1
In respect of the status of the applicant, see section 75 of the Sale of Liquor Act 1989.
2
For the matters that are to accompany this application, see regulation 14(3) of the Sale of Liquor Regulations 1990.
Schedule 1 form 11: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 12 Special licence (for premises)
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): [specify]
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 [specify number] 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): [specify]
(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: [specify]
*(c)
food must be available for consumption on the premises as follows: [specify]
*(d)
low-alcohol beverages must be available for sale and supply on the premises as follows: [specify]
*(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: [specify]
*(f)
the following other steps must be taken to promote the responsible consumption of liquor: [specify]
*(g)
the whole (or each of the following parts) of the premises is designated as—
(i)
a restricted area: [specify]
(ii)
a supervised area: [specify]
*(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: [specify]
*(i)
members of the public must be excluded from the premises in the following circumstances: [specify]
*(j)
the licensee must file with the District Licensing Agency returns relating to the sale of liquor as follows: [specify]
*(k)
liquor may only be sold in the following types of containers: [specify]
| *Delete where not applicable. |
Duration (to be included only where the licence is granted for 1 particular occasion or event or a series of occasions or events) This licence is in force from [time] on [date] until [time] on [date].
Duration (to be included only in the case of a licence under section 74 of the Act) This licence expires on [date].
Dated at: [place, date]
[Signature]
(Secretary, District Licensing Agency)
Schedule 1 form 12: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 13 Special licence (for conveyance)
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): [specify]
(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: [specify]
*(c)
food must be available for consumption on the conveyance as follows: [specify]
*(d)
low-alcohol beverages must be available for sale and supply on the conveyance as follows: [specify]
*(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: [specify]
*(f)
the following other steps must be taken to promote the responsible consumption of liquor: [specify]
*(g)
the whole (or each of the following parts) of the conveyance is designated as—
(i)
a restricted area: [specify]
(ii)
a supervised area: [specify]
*(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: [specify]
*(i)
members of the public must be excluded from the conveyance in the following circumstances: [specify]
*(j)
the licensee must file with the District Licensing Agency returns relating to the sale of liquor as follows: [specify]
*(k)
liquor may only be sold in the following types of containers: [specify]
| *Delete where not applicable. |
Duration
This licence is in force from [time] on [date] until [time] on [date]
Dated at: [place, date]
[Signature]
(Secretary, District Licensing Agency)
Schedule 1 form 13: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 14 Application for variation or cancellation of conditions of licence
To the Secretary
The District Licensing Agency,
at [place]
Application for the variation or cancellation of the conditions of a licence is made in accordance with the details set out below.
1
Details of licensee
(a)
Full name: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
2
Details of licence
(a)
Type of licence (tick appropriate box):
| On-licence □ | Off-licence □ | Club licence □ |
(b)
Number: [specify]
3
Details of premises (to be included only where the licence applies to any premises)]
(a)
Address: [specify]
(b)
Trading or other name (if any): [specify]
3
Details of conveyance (to be included only where the licence applies to any conveyance)
(a)
Type of conveyance: [specify]
(b)
Address of home base (if any): [specify]
(c)
Trading or other name (if any): [specify]
4
Conditions (to be filled in for each condition to which the application relates)
(a)
Terms of condition at present: [specify]
(b)
Action sought (tick appropriate box):
| Variation □ | Cancellation □ |
(c)
If variation, in what respect does the applicant seek to vary the condition? [specify]
(d)
Full reasons for variation or cancellation: [specify]
Dated at: [place, date]
Signature of applicant:
Notes
1
This application may be made only by the holder of the licence.
2
For the matters that are to accompany this application, see regulation 17(2) of the Sale of Liquor Regulations 1990.
3
Within 20 working days after filing this application with the District Licensing Agency, the applicant must give public notice of the application in form 1. The notice must be published twice in a newspaper or newspapers circulating in the district and nominated by the Secretary of the District Licensing Agency, with not less than 5 days and not more than 10 days between the 2 dates of publication.
4
Within 10 working days after filing this application with the District Licensing Agency, the applicant must ensure that notice of the application in form 1A is attached in a conspicuous place on or adjacent to the site to which the application relates (unless the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so).
Schedule 1 form 14: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 15 Application for renewal of licence (for on-licence, off-licence, or club licence)
To the Secretary
The District Licensing Agency,
at [place]
Application for the renewal of a licence is made in accordance with the details set out below.
1
Details of licensee
(a)
Full name: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
2
Details of manager
Full names and addresses of all managers currently employed, and certificate numbers of manager’s certificates: [specify]
3
Details of licence
(a)
Type of licence (tick appropriate box):
| On-licence □ | Off-licence □ | Club licence □ |
(b)
Number: [specify]
(c)
Date of expiry: [specify]
4
Details of premises (to be included only where the licence applies to any premises)
(a)
Address: [specify]
(b)
Trading or other name (if any): [specify]
(c)
(If a club licence) does the club share the premises with any other club? Yes/No
If Yes,—
(i)
what is the name of the other club? [specify]
(ii)
what months of the year do the respective clubs use the premises? [specify]
4
Details of conveyance (to be included only where the licence applies to any conveyance)
(a)
Type of conveyance: [specify]
(b)
Address of home base (if any): [specify]
(c)
Trading or other name (if any): [specify]
5
Conditions
Are any changes sought to the present conditions of the licence? Yes/No
If Yes,—
(a)
what changes are sought? [specify]
(b)
what are the full reasons for the changes sought? [specify]
Dated at: [place, date]
Signature of licensee:
Notes
1
This form should be used in respect of on-licences, off-licences, and club licences. Special licences are not renewable.
2
This application should be filed with the District Licensing Agency no later than 20 working days before the expiry of the licence. After that time, it may be filed only with the permission of the District Licensing Agency. In no case may the application be filed after the licence has expired.
3
For the matters that are to accompany this application, see regulation 18(2) of the Sale of Liquor Regulations 1990.
4
Within 10 working days after filing this application with the District Licensing Agency, the applicant must give public notice of the application in form 1. The notice must be published twice in a newspaper or newspapers circulating in the district and nominated by the Secretary of the District Licensing Agency, with not less than 5 days and not more than 10 days between the 2 dates of publication.
5
Within 10 working days after filing this application with the District Licensing Agency, the applicant must ensure that notice of the application in form 1A is attached in a conspicuous place on or adjacent to the site to which the application relates (unless the Secretary of the District Licensing Agency agrees that it is impracticable or unreasonable to do so).
Schedule 1 form 15: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 16 Notice of renewal of licence
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: [specify]
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 [date], unless again renewed.
Dated at: [place, date]
[Signature]
(Secretary, Liquor Licensing Authority (or District Licensing Agency))
Schedule 1 form 16: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 17 Application for temporary authority
To the Secretary
The District Licensing Agency,
at [place]
Application for temporary authority to carry on the sale and supply (or delivery) of liquor is made in accordance with the details set out below.
1
Details of applicant
(a)
Full name, address, and occupation: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
2
Details of licence
(a)
Type of licence (tick appropriate box):
| On-licence □ | Off-licence □ |
(b)
Number: [specify]
3
Details of premises (to be included only where the licence applies to any premises)
(a)
Address: [specify]
(b)
Trading or other name (if any): [specify]
3
Details of conveyance (to be included only where the licence applies to any conveyance)
(a)
Type of conveyance: [specify]
(b)
Address of home base (if any): [specify]
(c)
Trading or other name (if any): [specify]
4
Further details
(a)
What right, title, estate, or interest does the applicant have—
(i)
in the premises (or conveyance) to which the application relates? [specify]
(ii)
in any business conducted in the premises (or conveyance) to which the application relates? [specify]
(b)
Does the applicant intend to carry on the sale and supply (or delivery) of liquor personally? Yes/No
If No, what is the name, address, and occupation of the person through whom the applicant intends to carry on the sale and supply (or delivery) of liquor?
Name: [specify]
Address: [specify]
Occupation: [specify]
(c)
What are the reasons for the application? [specify]
Dated at: [place, date]
Signature of applicant:
Notes
1
The District Licensing Agency may require notice of this application to be given to any person or persons it may specify.
2
For the matters that are to accompany this application, see regulation 19(2) of the Sale of Liquor Regulations 1990.
Schedule 1 form 17: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 18 Application for manager’s certificate
To the Secretary
The District Licensing Agency,
at [place]
Application for a manager’s certificate is made in accordance with the details set out below.
1
Type of certificate (tick appropriate box):
| General Manager’s □ | Club Manager’s □ |
2
Details of applicant
(a)
Full name, address, occupation, and date of birth: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
(d)
Has the applicant been convicted of any offence? Yes/No.
If Yes, what are the details of each offence?
| Nature of offence | Date of conviction | Penalty suffered |
(e)
Has the applicant had any experience, in particular recent experience, in managing any premises or conveyance in respect of which a licence was in force? Yes/No
If Yes, what are the details and dates of that experience? [specify]
(f)
Has the applicant had any relevant training, in particular recent training? Yes/No
If Yes, what are the details of that training and on what dates was it taken? [specify]
(g)
Does the applicant hold the Licence Controller Qualification? Yes/No
If Yes, on what date was that qualification obtained? [specify]
(h)
(To be included only where the applicant seeks a club manager’s certificate) What is the extent of the applicant’s involvement in the management and activities of the club? [specify]
(i)
Does the applicant intend at this time to be the manager of any particular licensed premises? Yes/No
If Yes, what are the identifying particulars of those licensed premises? [specify]
Dated at: [place, date]
Signature of applicant:
Notes
1
For the matters that are to accompany this application, see regulation 20(2) of the Sale of Liquor Regulations 1990.
2
If the applicant intends to be the manager of any particular licensed premises, the application must be filed with the District Licensing Agency with which the application for the licence was filed. In all other cases, the application should be filed with the District Licensing Agency for the district in which the applicant is residing.
Schedule 1 form 18: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Schedule 1 form 18: amended, on 1 April 2006, by regulation 7 of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
Form 19 General (or Club) manager’s certificate
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: [place, date]
[Signature]
(Secretary, Liquor Licensing Authority (or District Licensing Agency))
Schedule 1 form 19: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 20 Application for renewal of manager’s certificate
To the Secretary
The District Licensing Agency,
at [place]
Application for the renewal of a manager’s certificate is made in accordance with the details set out below.
1
Details of applicant
(a)
Full name, address, occupation, and date of birth: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
(d)
Current place of employment: [specify]
(e)
Has the applicant been convicted of any offence since the certificate was issued or last renewed? Yes/No
If Yes, what are the details of each offence?
| Nature of offence | Date of conviction | Penalty suffered |
(f)
What steps has the applicant taken to manage the sale and supply of liquor pursuant to the licence with the aim of contributing to the reduction of liquor abuse? [specify]
(g)
Does the applicant hold the Licence Controller Qualification? Yes/No
If Yes, on what date was that qualification obtained? [specify]
2
Details of certificate
(a)
Type of certificate (tick appropriate box):
| General Manager’s □ | Club Manager’s □ |
(b)
Number: [specify]
(c)
Date of expiry: [specify]
Dated at: [place, date]
Signature of applicant:
Notes
1
This application must be filed with the District Licensing Agency before the certificate expires. Where the applicant is presently employed as a manager, it should be filed with the District Licensing Agency for the district in which the applicant is employed. In all other cases, it should be filed with the District Licensing Agency for the district in which the applicant is residing.
2
For the matters that are to accompany this application, see regulation 21(2) of the Sale of Liquor Regulations 1990.
Schedule 1 form 20: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Schedule 1 form 20: amended, on 1 April 2005, by regulation 8 of the Sale of Liquor Amendment Regulations 2005 (SR 2005/25).
Form 21 Notice of renewal of manager’s certificate
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 [date], unless again renewed.
Dated at: [place, date]
[Signature]
(Secretary, Liquor Licensing Authority (or District Licensing Agency))
Schedule 1 form 21: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 22 Application for variation, suspension, or cancellation of licence (for on-licence, off-licence, or club licence)
To the Secretary
Liquor Licensing Authority,
Application for the variation (or suspension or cancellation) of a licence is made in accordance with the details set out below.
1
Details of applicant
(a)
Full name: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
(d)
Status (tick appropriate box):
| Constable □ | Inspector □ |
2
Details of licensee and manager
(a)
Full name of licensee: [specify]
(b)
Postal address for service of documents for licensee: [specify]
(c)
Full name and address of manager(s): [specify]
(d)
Certificate numbers of manager’s certificate(s) (if known): [specify]
3
Details of licence
(a)
Type of licence (tick appropriate box):
| On-licence □ | Off-licence □ | Club licence □ |
(b)
Number: [specify]
4
Details of premises (to be included only where the licence applies to any premises)
(a)
Address: [specify]
(b)
Trading or other name (if any): [specify]
4
Details of conveyance (to be included only where the licence applies to any conveyance)
(a)
Type of conveyance: [specify]
(b)
Address of home base (if any): [specify]
(c)
Trading or other name (if any): [specify]
5
Action sought (tick appropriate box)
| Variation □ | Suspension □ | Cancellation □ |
6
Conditions (to be included only where variation is sought, and, in that case, to be filled in for each condition to which the application relates)
(a)
Terms of condition at present: [specify]
(b)
In what respect does the applicant seek to vary the condition? [specify]
7
Grounds of application
*(a)
That the licensed premises have been conducted:
*(i)
in breach of the following provisions of the Sale of Liquor Act 1989 [specify provisions]; and in particular it is alleged as follows: [specify details of each alleged breach]; or
*(ii)
in breach of the following conditions of the licence [specify conditions]; and in particular it is alleged as follows: [specify details of each alleged breach]; or
*(iii)
otherwise in an improper manner; and in particular it is alleged as follows: [specify details of the improper manner in which it is alleged the licensed premises have been conducted]:
*(b)
that the conduct of the licensee is such as to show that he (or she) is not a suitable person to hold the licence; and in particular it is alleged as follows: [specify details of the reasons for alleging that the licensee is unsuitable]:
*(c)
the licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public; and in particular it is alleged as follows: [specify details of the disorderly manner in which it is alleged the licensed premises are being used]:
| *Delete where not applicable. |
Dated at: [place, date]
Signature of applicant:
Schedule 1 form 22: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Schedule 1 form 22: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Form 23 Application for variation, suspension, or cancellation of special licence
To the Secretary
The District Licensing Agency,
at [place]
Application for the variation (or suspension or cancellation) of a special licence is made in accordance with the details set out below.
1
Details of applicant
(a)
Full name: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
(d)
Status (tick appropriate box):
| Constable □ | Inspector □ |
2
Details of licensee and manager
(a)
Full name of licensee: [specify]
(b)
Postal address for service of documents for licensee: [specify]
(c)
Full name and address of manager(s): [specify]
(d)
Certificate numbers of manager’s certificate(s) (if known): [specify]
3
Details of licence
(a)
Type of licence (tick appropriate box):
| Section 73 □ | Section 74 □ |
(b)
Number: [specify]
4
Details of premises (to be included only where the licence applies to any premises)
(a)
Address: [specify]
(b)
Trading or other name (if any): [specify]
4
Details of conveyance (to be included only where the licence applies to any conveyance)
(a)
Type of conveyance: [specify]
(b)
Address of home base (if any): [specify]
(c)
Trading or other name (if any): [specify]
5
Action sought (tick appropriate box)
| Variation □ | Suspension □ | Cancellation □ |
6
Conditions (to be included only where variation is sought, and, in that case, to be filled in for each condition to which the application relates)
(a)
Terms of condition at present: [specify]
(b)
In what respect does the applicant seek to vary the condition? [specify]
7
Grounds of application
*(a)
That the licensed premises have been conducted:
*(i)
in breach of the following provisions of the Sale of Liquor Act 1989 [specify provisions]; and in particular it is alleged as follows: [specify details of each alleged breach]; or
*(ii)
in breach of the following conditions of the licence [specify conditions]; and in particular it is alleged as follows: [specify details of each alleged breach]; or
*(iii)
otherwise in an improper manner; and in particular it is alleged as follows: [specify details of the improper manner in which it is alleged the licensed premises have been conducted]:
*(b)
That the conduct of the licensee is such as to show that he (or she) is not a suitable person to hold the licence; and in particular it is alleged as follows: [specify details of the reasons for alleging that the licensee is unsuitable]:
*(c)
The licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public; and in particular it is alleged as follows: [specify details of the disorderly manner in which it is alleged the licensed premises are being used]:
| *Delete where not applicable. |
Dated at: [place, date]
Signature of applicant:
Schedule 1 form 23: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Schedule 1 form 23: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Form 24 Application for suspension, or cancellation of manager’s certificate
To the Secretary
Liquor Licensing Authority,
Application for the suspension (or cancellation) of a manager’s certificate is made in accordance with the details set out below.
1
Details of applicant
(a)
Full name: [specify]
(b)
Postal address for service of documents: [specify]
(c)
Daytime contact name and telephone number: [specify]
(d)
Status (tick appropriate box):
| Constable □ | Inspector □ |
2
Details of manager
(a)
Full name: [specify]
(b)
Postal address for service of documents (if known): [specify]
3
Details of certificate
(a)
Type of certificate (tick appropriate box):
| General manager’s □ | Club manager’s □ |
(b)
Number: [specify]
4
Details of employment (to be included only where the manager is or was employed on any premises)
(a)
Address of premises: [specify]
(b)
Trading or other name (if any): [specify]
(c)
Type of licence in force in respect of premises: [specify]
(d)
Name of licensee: [specify]
4
Details of employment (to be included only where the manager is or was employed on any conveyance)
(a)
Type of conveyance: [specify]
(b)
Address of home base (if any): [specify]
(c)
Trading or other name (if any): [specify]
(d)
Type of licence in force in respect of conveyance: [specify]
(e)
Name of conveyance: [specify]
5
Action sought (tick appropriate box)
| Suspension □ | Cancellation □ |
6
Grounds of application
*(a)
That the manager has failed to conduct the licensed premises in a proper manner; and in particular it is alleged as follows: [specify details of the manner in which it is alleged that the manager has failed to conduct the premises in a proper manner]:
*(b)
That the conduct of the manager is such as to show that he (or she) is not a suitable person to hold the certificate; and in particular it is alleged as follows: [specify details of the reasons for alleging that the manager is unsuitable].
| *Delete where not applicable. |
Dated at: [place, date]
Signature of applicant:
Schedule 1 form 24: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 24A Infringement notice
[Revoked]Schedule 1 form 24A: revoked, on 10 October 2006, by regulation 4 of the Sale of Liquor Amendment Regulations 2006 (SR 2006/250).
Form 25 Search warrant
To every constable
1 Ground of warrant
I am satisfied, on an application made by [full name, address, occupation] on [date], that there is reasonable ground for believing that—
Select the applicable paragraph(s).
(a)
any liquor is being sold, or exposed or kept for sale, on the premises/conveyance* described below, being premises/a conveyance* in which that liquor may not lawfully be sold or exposed or kept for sale:
(b)
the premises/conveyance* described below are/is* being kept or used as a place of resort for the consumption of liquor in contravention of the Sale of Liquor Act 1989.
The suspected offence(s) to which this warrant relates is/are*: [specify].
| *Select one. |
2 Description of premises
Include this paragraph only when authority is being given to search any premises.
The premises to which this warrant relates are situated at [number, street, and town]. The premises are known as [trading or other name].
3 Description of conveyance
Include this paragraph only when authority is being given to search a conveyance.
The conveyance to which this warrant relates is the [type of conveyance] based at [home base]. The conveyance is known as [trading or other name].
4 Conditions
This warrant is subject to the following conditions: [specify].
5 Authority
Subject to the conditions set out above, this warrant authorises you, and any person called by you to assist,—
(a)
to enter and search the premises/conveyance*; and
(b)
to search for and seize [description of what may be seized]; and
(c)
to seize anything else found in the course of carrying out the search, or as a result of observations at the premises/conveyance*, if you have reasonable grounds to believe that you could have seized the item under any search warrant that you could have obtained or any other search power that you could have exercised; and
(d)
to use any force that is reasonable in the circumstances to enter or break open or access any area within the premises/conveyance* for the purposes of carrying out the search and any lawful seizure; and
(e)
to use any assistance that is reasonable in the circumstances; and
(f)
to search any person found on the premises/conveyance* if there are reasonable grounds to believe that an item being searched for is on that person; and
(g)
to detain any person for the purposes of determining whether there is any connection between that person and the object of the search—
(i)
who is on the premises/conveyance* at the start of the search; or
(ii)
who arrives at the premises or stops at, or enters, or tries to enter, the conveyance while the search is being carried out.
| *Select one. |
6 Period of execution of search warrant
The power to enter and search under this warrant may be exercised on 1 occasion/on [specify the number of times that the warrant may be executed]*.
The warrant must be executed within 14 days/[specify number of days that warrant is issued for, which must not exceed 30 days] days* from the date of issue of this warrant.
| *Select one. |
Date of issue:
Name or unique identifier:
Signature:
(Judge/authorised issuing officer*)
| *Select one. |
Important information
Seizure of items
A list of things seized will be provided to you as soon as practicable after the seizure, and in any case not later than 7 days after the seizure.
Availability of privileges
These notes set out an explanation of the availability of privileges recognised for the purposes of a search conducted under this warrant and an outline of how any of those privileges may be claimed.
The notes provide general information relating to these matters. For further details relating to these matters, see sections 136 to 148 of the Search and Surveillance Act 2012 and the relevant sections of the Evidence Act 2006.
The following privileges are recognised for the purposes of a search conducted under this warrant:
legal professional privilege (referred to in section 53(5) of the Evidence Act 2006) and privilege for communications with legal advisers (as described in section 54 of the Evidence Act 2006). A person who obtains professional legal services from a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was intended to be confidential and was made in the course of and for the purpose of the provision of professional legal services from the legal adviser:
privilege for preparatory materials for proceedings (as described in section 56 of the Evidence Act 2006):
privilege for settlement negotiations or mediation (as described in section 57 of the Evidence Act 2006):
privilege for communications with ministers of religion (as described in section 58 of the Evidence Act 2006):
privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists (as described in section 59 of the Evidence Act 2006):
privilege for informers (as described in section 64 of the Evidence Act 2006):
rights conferred on journalists under section 68 of the Evidence Act 2006 to protect certain sources.
Effect of privilege and how privileges may be claimed
Claims for privilege for things seized or sought to be seized
1
If you wish to claim privilege in respect of any thing seized or sought to be seized under this search warrant,—
(a)
you must, as soon as practicable, provide to the person responsible for executing the search warrant a particularised list of the things in respect of which the privilege is claimed:
(b)
if the thing or things in respect of which you are claiming the privilege cannot be adequately particularised, you may apply to a District Court for directions or relief.
Interim steps pending resolution of privilege claim
2
While a claim of privilege is being determined, the person executing the search warrant—
(a)
may secure the thing (including, if the thing is intangible, by making a forensic copy) and deliver the thing, or a copy of it, to the District Court to enable the determination of a claim to privilege; and
(b)
must give you access to the thing secured; and
(c)
must not search the thing secured, unless no claim of privilege is made, or a claim of privilege is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.
Searches affecting privileged materials
3
If the person who is to execute the search warrant has reasonable grounds to believe that any thing discovered in the search may be the subject of a privilege, he or she—
(a)
must provide to any person who he or she believes may be able to claim a privilege a reasonable opportunity to claim it; and
(b)
may, if he or she is unable to identify or contact a person who may be able to claim a privilege, or that person’s lawyer, within a reasonable period, apply to a District Court for a determination as to the status of the thing.
Effect of privilege
4
If you make a claim of privilege in respect of any thing that is seized or sought to be seized, you have the right—
(a)
to prevent the search of any communication or information to which the privilege would apply, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld:
(b)
to require the return of a copy of, or access to, any such communication or information, pending determination of the claim to privilege.
Important: If you do not understand this information or if you want further advice about the availability of privileges and how any of those privileges may be claimed, you should consider getting legal advice on the matter immediately.
Inquiries
If you have any inquiries about this search, you should contact the Police officer in charge, whose details are below.
[Police officer’s name or unique identifier] at the [name] Police Station at [address].
Schedule 1 form 25: replaced, on 1 October 2012, by regulation 4 of the Sale of Liquor Amendment Regulations 2012 (SR 2012/244).
Form 26 Request to constitute licensing trust
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: [specify]
| Name | Residential address | Postal address | Occupation | Signature |
Schedule 1 form 26: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Form 27 Notice requiring poll of electors
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 reconstitution proposal or community trusts amalgamation proposal) of which public notice was given by the trust on [date].
| Full name | Residential address | Postal address | Occupation | Signature |
Schedule 1 form 27: substituted, on 1 April 2000, by regulation 24 of the Sale of Liquor Amendment Regulations 2000 (SR 2000/16).
Schedule 1 form 27 heading: amended, on 1 October 2004, by regulation 8(5)(a) of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
Schedule 1 form 27: amended, on 1 October 2004, by regulation 8(5)(b) of the Sale of Liquor Amendment Regulations 2004 (SR 2004/322).
Schedule 2 Regulations and orders revoked
Licensing Districts Order 1970 (SR 1970/200)
Licensing Districts Order 1974 (SR 1974/313)
Licensing Districts Order 1976 (SR 1976/174)
Licensing (No-Licence Districts) Order 1982 (SR 1982/38)
Licensing Trusts Amendment Act 1975 Commencement Order 1976 (SR 1976/320)
Licensing Trusts (Fees) Regulations 1986 (SR 1986/335)
Licensing Trusts Regulations 1952 (SR 1952/40)
Local Licensing Trusts Regulations 1966 (SR 1966/139)
Local Licensing Trusts Regulations 1966, Amendment No 1 (SR 1967/239)
Local Licensing Trusts Regulations 1966, Amendment No 2 (SR 1972/165)
Local Licensing Trusts Regulations 1966, Amendment No 3 (SR 1974/56)
Sale of Liquor Regulations 1963 (SR 1963/151)
Sale of Liquor Regulations 1963, Amendment No 1 (SR 1965/89)
Sale of Liquor Regulations 1963, Amendment No 2 (SR 1968/129)
Sale of Liquor Regulations 1963, Amendment No 3 (SR 1969/91)
Sale of Liquor Regulations 1963, Amendment No 4 (SR 1973/120)
Sale of Liquor Regulations 1963, Amendment No 5 (SR 1977/74)
Sale of Liquor Regulations 1963, Amendment No 6 (SR 1978/11)
Sale of Liquor Regulations 1963, Amendment No 7 (SR 1981/61)
Sale of Liquor Regulations 1963, Amendment No 8 (SR 1981/123)
Sale of Liquor Regulations 1963, Amendment No 9 (SR 1982/62)
Sale of Liquor Regulations 1963, Amendment No 10 (SR 1983/11)
Sale of Liquor Regulations 1963, Amendment No 11 (SR 1986/334)
Sale of Liquor Regulations 1963, Amendment No 12 (SR 1988/24)
Special Licensing Polls Regulations 1954 (SR 1954/187)
Marie Shroff,
Clerk of the Executive Council.
Date of notification in Gazette: 15 March 1990.
Sale of Liquor Amendment Regulations (No 2) 2007
(SR 2007/331)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 29th day of October 2007
Present:
His Excellency the Governor-General in Council
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.
Regulations
1 Title
These regulations are the Sale of Liquor Amendment Regulations (No 2) 2007.
2 Commencement
These regulations come into force on 30 November 2007.
3 Principal regulations amended
These regulations amend the Sale of Liquor Regulations 1990.
4 Remuneration of other members
(1)
Amendment(s) incorporated in the regulations.
(2)
Regulation 33 as amended by subclause (1) does not apply in respect of a meeting of a licensing trust or committee of a licensing trust held before 30 November 2007.
Diane Morcom,
Clerk of the Executive Council.
Date of notification in Gazette: 1 November 2007.
Reprints notes Contents
-
1
General
-
2
Legal status
-
3
Editorial and format changes
-
4
Amendments incorporated in this reprint
Notes
1 General
This is a reprint of the Sale of Liquor Regulations 1990 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Sale and Supply of Alcohol Regulations 2013 (SR 2013/459): regulation 43(a)
Sale of Liquor Amendment Regulations 2013 (SR 2013/188)
Sale of Liquor Amendment Regulations 2012 (SR 2012/244)
Immigration Act 2009 (2009 No 51): section 406(2)
Policing Act 2008 (2008 No 72): sections 116(a)(ii), 130(3)
Sale of Liquor Amendment Regulations (No 2) 2007 (SR 2007/331)
Sale of Liquor Amendment Regulations 2007 (SR 2007/41)
Sale of Liquor Amendment Regulations 2006 (SR 2006/250)
Relationships (Statutory References) Act 2005 (2005 No 3): section 12
Sale of Liquor Amendment Regulations 2005 (SR 2005/25)
Sale of Liquor Amendment Regulations 2004 (SR 2004/322)
Local Electoral Act 2001 (2001 No 35): section 151
Sale of Liquor Amendment Regulations 2000 (SR 2000/16)
Sale of Liquor Amendment Regulations 1999 (SR 1999/335)
Versions
Sale of Liquor Regulations 1990
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