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Application procedure

Applications for licences are required to be lodged with the DLA on a prescribed form as set out in the Sale of Liquor Regulations.  A fee, also set by the Regulations is required for each application. 

For On, Off and Club licences, public notificationin a newspaper of the DLA’s choice is also required to give the public an opportunity to object to the application, under certain conditions.  The first notice must be lodged within 20 working days of the application being made.  A second one must be lodged between 5 and 10 days after the first one.  A copy of the notice is also to be clearly displayed at the premises.  The public notifications will need to be given to the DLA to support the application.

Certain information is required to accompany the application, to provide evidence that the criteria to be considered in assessing the licence are met.

Criteria

Criteria are matters given in the application by which the reporting agencies determine that the applicant is likely to practice in accordance with the Act and what they should be authorised to do and what conditions should be imposed to control sale and supply of liquor.  The criteria considered are:

1. Suitability of the applicant to hold the responsibility.

        Legal entities that can hold a liquor licence include:

• An individual over 20 years of age
• A company
• A partnership
• A club committee (for a club licence)
• A licensing trust
• A Local Authority
• A government agency
• A trustee
• A manager acting under the Protection of Personal & Property Rights Act 1988
• Management of the premise
• Hours of operation requested
• Designation of areas
• Provision of food and low & non-alcoholic drinks
• Provision of transport options
• Other Host Responsibility practices
• Strategies to prevent sales to prohibited persons

 Note:  Host Responsibility provisions are not required for Off licences as there is no consumption on the premises.

1. To make these determinations, the reporting agencies require the following information to accompany the application:

• Copies of the application
• Certificate of incorporation – if the applicant is a company
• Property order – where necessary
• Club constitution – if the applicant is a club
• A photograph of the premise
• A map showing the premise location
• Scale plans of the premise showing the principle entrance, facilities and area designations if relevant
• A letter of permission from the landlord
• A copy of the tenancy agreement showing the terms of tenure
• A Host Responsibility Policy
• A menu
• A management plan
• Application for a Certificate of Compliance with the Resource Management Act 1991 and the Building Act 2004.

Copies of the application and relevant accompanying information are sent to the Police, Licensing Inspector and MOH (depending on the licence type) for them to enquire into and report on the application.  They will report to the DLA recommending either objection or not, to the granting of the licence – as follows:

If there are no objections by any of the reporting agencies or the public, the DLA will make the determination to grant the licence.  If there are any objections, applications for On, Off or Club licences are forwarded to the LLA for determination at a hearing; Special licences and Temporary Authorities are determined by the DLA at a hearing.

Due to these reporting requirements, processing liquor licences takes approximately one month.  It can take much longer if there are objections.  Be sure you allow this time before you expect to start your business.  You cannot commence trading before your licence has been issued.