Customer Services

LIQUOR LICENSING

BAR MANAGERS CERTIFICATE

A person appointed as MANAGER of a liquor outlet, e.g. hotel, tavern, wine shop or sports club MUST hold a Manager's Certificate.

A Manager must be on duty at all times when liquor is being sold or supplied on a licensed premises. A licensee will not be held responsible for any offences under the Sale of Liquor Act 1989 committed by a Manager unless the licensee is party to the offence.

Application and Cost

The application shall be made on the prescribed Manager's Certificate form (15KB) (three copies required) available on line or from the Hauraki District Council office and must be accompanied with the appropriate fee.

The Fee is $132.00 including GST.

Applicants for a Club Manager's Certificate are to provide a letter from the Club showing that they are a member of the Club (or other such involvement with the club).

When Will My Certificate Expire?

One year after the date of issue.

You will need to renew your Certificate(11KB) after one year. Holders of a Manager's Certificate must keep an eye on their expiry date and make sure to lodge their application for renewal with this Agency at least 20 working days before the certificate expires.

Do I Need to Give Extra Information

YES! The Agency and Police will consider:

Your character and reputation.
Your Experience in managing a licensed premises.
Any convictions you have had.
Any training in the liquor industry.
Your involvement in the club (if you're applying for a Club Manager's Certificate).

Therefore you MUST supply

Two character references.
Testimonials of working experience in the liquor industry.
Copies of any relevant qualifications (Course Certificate).

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ON LICENCE/OFF LICENCE

An On-Licence is required to authorise the licensee to sell and supply liquor from a specific premises to be consumed on the premises. An Off-Licence is required to authorise the licensee to sell and deliver liquor from a specific premises to be consumed elsewhere.

Who May Apply for an On Licence &/or Off Licence

Any person who appears to the District Licensing Agency to have Right, Title of Interest in the premises or conveyance of which an On-licence or Off-licence can be in force, may make an application for an On or Off Licence.

Procedure to Process Application

a) The application shall be made on the prescribed On-Licence(23KB) or Off-Licence(23KB) form (three copies required) available on line or from the Hauraki District Council office and must be accompanied with the appropriate fee.

The current fee is

Full On Licence $776.00

Full Off Licence $776.00

Endorsed On-Licence (BYO) $776.00

b) The application is to be advertised twice (this is to be done by the applicant), the first public advert must be within 20 working days of the application being filed with the District Licensing Agency. The District Licensing Agency will advise which newspapers can be used within the District for this advertising. These advertisements are to be forwarded to the District Licensing Agency - this generally requires forwarding the whole page the advert has appeared on, as the Name and the Date of the Newspaper must be shown.

c) The applicant will also be required to display a prescribed notice on the site. The prescribed notice format can be obtained from the District Licensing Agency.

d) Applications for new premises or a premises changing from an unlicensed premises to a licensed one. Will require the applicant to lodge with the District Licensing Agency the following information: -

i) Floor plan - showing designated areas (Supervised or Restricted etc).

ii) Location plan - showing the location of the premises in conjunction with commercial/residential or other areas of the immediate community within in which the licensed premises will be operating.

iii) Full menus of available food and non-alcoholic and low-alcoholic beverages.

iv) Proof of interest in the premises - i.e. a Copy of the Sale and Purchase agreement on some other form of appropriate documentation.

v) Written confirmation from the owner of the premises that they (the owner) have no objection to the Licensee selling alcohol from the site.

vi) If the applicant is a company a valid Certificate of Corporation will need to be submitted to Council

e) The District Licensing Agency on receipt of an application will request reports to be filed from the District Head Office of the New Zealand Police (currently this is the Waihi Station) and the Medical Officer of Health, Health Waikato. These organisations have fifteen working days on receipt of the requests to provide the District Licensing Agency with their report. The District Licensing Agency’s own Inspector will also report on the application.

Granting of Application

The granting of an On and/or Off Licence will be done by the District Licensing Agency if no objections have been received. This generally means that the application will be set down before the Hearings Committee, usually without the attendance of the applicant and the Hearings Committee will make their recommendation on the papers before them.

If an objection is received to a Licence Application, the application will be forwarded to the Liquor Licensing Authority in Wellington for a determination to be made. Firstly the Liquor Licensing Authority will determine the validation of the objection, and then there may be a public hearing for the application before a decision is made on the application.

RENEWAL OF ON AND OFF LICENCES

Each On and Off Licence issued is required to be renewed 12 months after the issue date of the first licence, and then for a period of three years (change of licensee means the procedures for a new licence begin again).

Procedure to Process Application

a) The application shall be made on the prescribed Renewal form(17KB) (three copies required) available on line or from the Hauraki District Council office and must be accompanied with the appropriate fee.

The current fee is

Full On Licence $776.00

Full Off Licence $776.00

Endorsed On-Licence (BYO) $776.00

c) The applicant will also be required to display a prescribed notice on the site. The prescribed notice format can be obtained from the District Licensing Agency.

d) An evacuation statement is required, stating that the building by reason of its current use does not require a scheme. Or a statement that the premises has an evacuation scheme for public safety (Section 21A of the Fire Act 1975).
A new statement is to be provided with each renewal.

e) If an applicant wishes to make changes to the conditions of the existing licence, this is to be clearly identified in the application form and public notification, with the existing hours and proposed hours detailed in the notification.

f) If there is to be an increase in the licensed area a site plan and floor plan showing this needs to be submitted to the District Licensing Agency. The District Licensing Agency may need to issue a new Certificate with regard to the Resource Management Act for this.

Granting of Application

The granting of a Renewal of an On and/or Off Licence without changes to conditions will be done by the District Licensing Agency - by the Secretary of the District Licensing Agency under delegated powers. Renewal with changes to conditions, if no objections have been received, will be granted by the District Licensing Agency. This generally means that the application will be set down before the Hearings Committee, usually without the attendance of the applicant and the Hearings Committee will make their recommendation on the papers before them.

TEMPORARY AUTHORITY FOR ON-LICENCE/OFF-LICENCE

A Temporary Authority is an order issued by the District Licensing Agency authorising the application to carry out the sale and supply of liquor for a period of up to 3 months, on any premises that has an existing on-licence or off-licence.

Who May Apply for a Temporary Authority?

Any person who appears to the District Licensing Agency to have any right, title of interest in any premises of conveyance of which an on-licence or off-licence is in force, may make application for a Temporary Authority.

Procedure to Process Application

a) The application shall be made on the prescribed Temporary Authority form(11KB) (three copies required) available on line or from the Hauraki District Council office and must be accompanied with the fee of $132.00.

b ) The District Licensing Agency may hear and determine the application or set a time and place for a hearing of the application.

Granting of Application

In granting an application for an order for a Temporary Authority, the District Licensing Agency may impose such reasonable conditions as it thinks fit. However, the authority will not exceed three months.

Obligations of Applicant

The holder of a Temporary Authority shall, for the purpose of the Sale of Liquor Act, have the same duties, obligations and liabilities as the holder of the on-licence or off-licence to which the temporary authority relates.

CLUB LICENCE

Who May Apply for a Club Licence

Any club. All profits from the sale of liquor must belong to the club. Though you must be able to show the licensing agency that the reason for the Club’s existence is not liquor.

A Club Licence is for the sale of liquor on the premises to Club Members, Guests and Members of Clubs with reciprocal visiting rights.

Procedure to Process Application

a) The application shall be made on the prescribed Club Licence(18KB) form (three copies required) and be accompanied with the appropriate fee.

The current Club Licence fee is $776.00

c) The applicant will also be required to display a prescribed notice on the site. The prescribed notice format can be obtained from the District Licensing Agency.

i) Floor plan - showing designated areas (Supervised or Restricted etc).

ii) Location plan - showing the location of the premises in conjunction with commercial/residential or other areas of the immediate community within in which the licensed premises will be operating.

iii) Full menus of available food and non-alcoholic and low-alcoholic beverages.

iv) A schedule of the Club’s activities.

v) A copy of the Club’s Incorporated Certificate/documentation.

e) The District Licensing Agency on receipt of an application will request reports to be filed from the District Head Office of the New Zealand Police (currently this is the Waihi Station) and the Medical Officer of Health, Health Waikato. These organizations have fifteen working days on receipt of the requests to provide the District Licensing Agency with their report. The District Licensing Agency’s own Inspector will also report on the application.

Granting of Application

The granting of a Club Licence will be done by the District Licensing Agency if no objections have been received. This generally means that the application will be set down before the Hearings Committee, usually without the attendance of the applicant and the Hearings Committee will make their recommendation on the papers before them. Conditions will vary from each type of Club, as certain conditions will be specific to the type of club the licence is being issued for.

RENEWAL OF CLUB LICENCE

Each Club Licence issued is required to be renewed 12 months after the issue date of the first licence, and then for a period of three years.

Procedure to Process Application

a) The application shall be made on the prescribed Renewal of Club Licence(17KB) form (three copies required) and be accompanied with the appropriate fee.

The current Club Licence fee is $776.00

c) The application is to be advertised twice (this is to be done by the applicant), the first public advert must be within 20 working days of the application being filed with the District Licensing Agency. The District Licensing Agency will advise which newspapers can be used within the District for this advertising. These advertisements are to be forwarded to the District Licensing Agency - this generally requires forwarding the whole page the advert has appeared on, as the name and the date of the Newspaper must be shown.

d) The applicant will also be required to display a prescribed notice on the site. The prescribed notice format can be obtained from the District Licensing Agency.

e) An evacuation statement that the building by reason of its current use does not require a scheme. Or a statement that the premises has an evacuation scheme for public safety (Section 21A of the Fire Act 1975).A new statement is to be provided with each renewal.

f) If an applicant wished to make changes to the conditions of the existing licence, this is to clearly identified in the application form and public notification. With existing hours and proposed hours detailed in the notification.

g) If the there is to be an increase in the licensed area a site plan and floor plan showing this needs to be submitted to the District Licensing Agency. The District Licensing Agency may need to issue a new Certificate with regard to the Resource Management Act for this.

Granting of Application

The granting of a Renewal of a Club Licence without changes to conditions will be done by the District Licensing Agency by the Secretary of the District Licensing Agency under delegated powers. Renewal with changes to conditions, if no objections have been received, will be granted by the District Licensing Agency. This generally means that the application will be set down before the Hearings Committee, usually without the attendance of the applicant and the Hearings Committee will make their recommendation on the papers before them.

SPECIAL LICENCE

A Special Licence is a licence to sell and supply liquor for a particular occasion or event or a series of such functions.

When is a Special Licence Required?

A Special Licence is required if:

Liquor is to be sold at any function where there is no existing on-licence, club licence or an unlicensed premises (local hall) where the caterer does not have an endorsed off-licence.
Liquor is supplied at a function in club premises but no charge is made to the guests.
Liquor is to be sold outside the hours indicated in an existing on-licence or club-licence.

A Special Licence is not required if:

Club premises are hired for a social function but all liquor is supplied by the host and given away to guests. In this instance the liquor may not be supplied to the host by the club otherwise a special licence will be required.
A Private function is held in an unlicensed hall where all liquor is supplied, not sold by the host.

NOTE: The definition of sale of liquor includes instances where liquor is provided at a function or event and the cost is included as part of the ticket entry or cover charge.

Procedure to Process Application

The application shall be made on the prescribed Special Licence Application

(20KB) form (three copies required), available on line or from the Hauraki District Council office and must be accompanied with the fee of $63.00.

Depending on the nature of the application, the details of the application may be publicly notified and open for objection.

A copy of the application will be sent to the Police and the District Inspector appointed under the Act, for a report. The applicant will receive a copy of these reports.

The application will then be considered by the District Licensing Agency.

Criteria for Special License

In considering the application for a Special License, the Licensing Agency shall have regard to:

The nature of the particular occasion or event, or event in respect of which the licence is sought.
The suitability of the applicant.
The days and hours on which the applicant wish to sell liquor.
The areas (if any) that are proposed to be designated as 'restricted' or 'supervised' areas.
The steps proposed to be taken by the applicant to ensure that the requirements of the Act are observed.
The applicants proposals relating to the sale and supply of non-alcoholic refreshments and food.

Conditions of Special Licence

The Licensing Agency may impose conditions relating to:

The days and hours during which liquor may be sold.
The provision of food and non-alcoholic refreshments.
The designation of parts of the premises as 'restricted' or 'supervised' areas.
The steps taken by the licensee to ensure that the provisions of the Act are observed.
The site of the premises in relation to neighbouring land use.

Managers

Every company, Licensing Trust, Partnership or Club who holds a Special Licence shall appoint at least one Manager who holds a mangers certificate pursuant to the Sale of Liquor Act 1989.

The holder of a Special Licence may be exempt from the above requirement if the Licensing Agency is satisfied that the Licensee or person nominated by the Licensee, will manage the conduct of the sale of liquor pursuant to the Licence. A request for an exemption must be clearly made on the application form.

Display of Licence

Once the Licence has been approved, the licence and any conditions must be displayed.

If further information is required, please contact:

Customer Services Advisory Team

HAURAKI DISTRICT COUNCIL

William Street

PO Box 17

PAEROA

PH: 07 862 8609 or 0800 734 834 (from within the district)