Liquor Licensing Authority (Wellington Committee)
The Act authorised the establishment of the Liquor Licensing Authority or LLA. They have the overall responsibility for liquor licensing. They consist of up to 4 people, with the chairperson being a District Court Judge. It is a National body set up within the Tribunals Division of the Justice Department, in Wellington.
They are responsible for determining the following:
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Opposed applications for new or renewal of On, Off, and Club licences and Manager’s Certificates
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Cancellation or suspension of licences and certificates
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Appeals of DLA decisions
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Opposed applications for variation of conditions
These would be determined at an LLA hearing at which the applicants have the opportunity to defend themselves against the objection.
They will also give direction to the DLAs as instruction or give an opinion such as when a court case precedent has set an example of how a certain matter should be dealt with.
District Licensing Agency (Local Committee)
Each Local Authority – that is, City or District Council (not Regional Councils) is the District Licensing Agency or DLA for that area. They are the district agents for the LLA. Some or all of the Councillors will be on the DLA committee and they will make a policy on how they will apply the Act and may hold hearings about contentious decisions.
The DLA has the authority to determine the following:
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Unopposed applications for new and renewal of On, Off or Club licences and Manager’s Certificates and Special licences and Temporary Authorities.
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Conducting enquires and making reports to the LLA
If Special licences or Temporary Authorities have been objected to, the decision will be made at a DLA hearing, where the applicants have the opportunity to defend themselves against the objection.
Liquor Licensing Inspector
The DLA appoint at least one Liquor Licensing Inspector who receives information relevant to the applications, processes them and reports to the DLA with recommendations for determination.
The Liquor Licensing Inspector is required to inquire into and report on new and renewal applications for licences and Manager’s Certificates and to inspect licensed premises to monitor compliance with the Act and conditions of licence and report to the DLA or LLA.
The Liquor Licensing Inspector has right of entry onto any licensed premise at any reasonable time – i.e. if the premise is open for business, and can require to see any relevant documents needed to complete their duties, but they must show their warrant to gain entry.
They can also recommend variations of conditions on a licence if a change in practice is sought, and can apply to the LLA for a suspension or cancellation of any licence or Manager’s Certificate.
Police
The Police also have a statutory role under the Act to inquire into and report on all applications and to monitor licensed premises to ensure compliance with the Act and conditions of the licence and to report to the DLA or LLA.
The police also have right of entry onto licensed premises at any reasonable time and the right to see any relevant documents. They can seize liquor, close the premise in the case of rioting and can apply to the LLA for a suspension or cancellation of a licence or certificate. They must advise the LLA or DLA of any conviction of the Licensee or manager of a related offence. They now have powers to issue infringement notices to minors caught in a restricted area or drinking in public.
MOH
The Medical Officer of Health, or MOH (from the Ministry of Health) also has a statutory role as a reporting agency, but have no enforcement authority. A Health Promotion adviser of the Public Health Service will usually represent the MOH in reporting on liquor licence applications. They are mainly interested in how the way the premise operates is affecting the public health of the community and are thus most interested in the Host Responsibility Policy of the premise. They also have the authority to close a licensed premise for health reasons through the Health or Food Acts.
