Liquor licensing encompases a host of areas, from restuarants and eating houses that serve liquor to community groups wanting to hold an event. All liquor licensing is processed by the Environmental Health Section at Council. For more information please contact the Senior Environmental Health Officer.
Liquor Policy
District Liquor Ban Bylaw
Types of Licences
Manager's Certificate
Temporary and Acting Authority
Reporting Agencies
Objections to application for licences
Host Responsibility
Liquor Policy
The Sale of Liquor Act 1989 governs the sale and supply of liquor and in terms of this Act, a person must be licensed to trade in liquor. The philosophy behind the Act is not to restrict liquor sale and supply, but rather to promote safe and legal drinking.
Managers and licence holders must ensure that all their staff are familiar with the legislation so that they are fully aware of their duties and responsibilities.
If you would like more information on the Act have a look at www.alcohol.org.nz and www.hanz.org.nz .
District Liquor Ban Bylaw
A Liquor Ban is in place in the Tokoroa Central Business District. You may not consume or posses liquor in a public place in the prohibited area. This ban is applicable from 7:00pm to 7:00am the following morning on the days listed below:
- Every Friday and Saturday night.
- The nights of the statutory holidays of Christmas and New Year from 24 December to 2 January.
- The nights of Thursday, Friday, Saturday and Sunday of Easter Weekend.
- The nights of Friday, Saturday and Sunday of Labour Weekend.
- The Police are responsible for enforcing this Bylaw and can be contacted on (07) 886 5189. Click here for the map of the prohibited areas.
Exemptions
Council permits licensed premises to serve liquor to patrons seated at tables on the footpath adjacent to their business.
Only vehicles that are transporting liquor for licensed premises are permitted to deliver to the shop frontage. The delivery must be removed promptly from the public place.
Offence
Anybody who disregards the bylaw is liable for a fine not exceeding $500 and may be arrested by the Police. Following a verbal warning, Police may search vehicles and containers in the possession of a person in, entering, or about to enter the prohibited area.
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Types of Liquor Licences
There are four types of licences that control the sale and supply of liquor from various premises. These are listed below:
On Licence
Authorises the sale and supply of liquor for consumption on the premises (eg, restaurant, hotel, tavern, plane, boat).
Off Licence
Authorises the sale or delivery of liquor for consumption off the premises (eg, bottle store, supermarket, gift basket shop).
Club Licence
Authorises the sale and supply of liquor for consumption on the premises to members of the club and their guests, and members of other clubs who hold reciprocal visiting rights.
For more information go to the "Club Licence" page.
Special Licence
Authorises the sale and supply of liquor for consumption on the premises to any person attending any occasion or event (eg, a sporting event, bus trip, a party on hired premises where alcohol is being sold, where tickets are being sold, or an event where liquor is being supplied).
All applications for a licence require the appropriate form to be completed. These are available from the South Waikato District Council Offices in Putaruru or Tokoroa.
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Manager's Certificate
The Act requires all premises to have a certified manager on duty at all times liquor is sold or supplied.
Every application is required to be accompanied by the following:
- The original and a photocopy of the application and supporting documents.
- Evidence of previous experience in managing licensed premises.
- Evidence of relevant training or qualifications.
- Evidence from the licensed premise supporting the application, if the applicant intends to be a manager of a particular licensed premise or club.
- A character reference from someone able to verify to the applicant's suitability to hold a Managers Certificate.
- The appropriate fee.
Criteria for Manager's Certificate
The District Licensing Agency shall take the following matters into account when considering an application:
- The character and reputation of the applicant, including any recorded convictions.
- Any experience that the applicant has had in managing any licensed premises.
- Any relevant training and/or qualifications the applicant may have.
- Any matter dealt with in the reports from the Police and Inspector.
All applications for a Manager's Certificate require the appropriate form to be completed. These are available from the South Waikato District Council Offices in Putaruru or Tokoroa.
Temporary and Acting Authority
Temporary Manager
A Licensee may appoint (preferably in writing) a Temporary Manager in their absence. The appointee need not hold a Manager's Certificate, but must apply for one within two working days of the appointment. The appointee is deemed to be the holder of a Manager's Certificate until the application is decided. If the appointee does not apply for a Manager's Certificate within two working days, or if the application is refused, they cannot fulfil the role as Temporary Manager.
Acting Manager
A Licensee may appoint (preferably in writing) an Acting Manager:
- for a period no longer than three weeks at any one time, where the licensee or a Manager is ill or absent; and
- for periods no longer than a total of six weeks in a twelve month period to enable to licensee or a Manager to go on holiday.
The person appointed as Acting Manager is deemed to be the holder of a Manager's Certificate and it is not necessary for that person to apply for or hold such a Certificate.
Resignation of Appointment of Manager
The licensee must give notice of cancellation or termination of the appointment to:
- the Licensing Authority, and
- the Police or the Office of the District Licensing Agency with which the application for the licence was filed.
Notification is not necessary for the appointment of a Temporary or Acting Manager for a period less than 48 hours.
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Reporting Agencies
Police
All liquor applications are checked for convictions by the Licensing Sergeant and all licensed premises are monitored to ensure they comply under The Sale of Liquor Act.
Licensing Inspector
Licensing Inspectors, appointed by the District Licensing Agency (DLA), look at:
- the suitability of all applicants,
- the employment of certified managers,
- host responsibility practices,
- the days and hours being applied for,
- the proposed use of the premises and
- the proposed designation of the premises.
The Inspector also monitors licensed premises throughout the area for compliance with the Act.
Medical Officer of Health (MOH)
The MOH reports on new and renewed on-licence and club licence applications. The MOH monitors licensed premises for compliance with the Act and host responsibility practices.
The Public Health Service also compiles statistics for the Last Drinks Survey. This is a record of the last place a person was reported drinking in, if the Police question them regarding an offence.
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Objections to applications for licenses
Who may object
A person who has a greater interest in the application than the general public may object to the grant of a liquor licence.
What is a greater interest?
A person with a greater interest is someone who is likely to be more affected than most other people (eg, a resident living in the same street as the proposed premises would have a greater interest than a member of the public residing ten km away, who is simply concerned about the effects of alcohol on the community).
Grounds for objection
The following may be grounds for objection:
- The suitability of the applicant.
- The days and hours liquor is to be sold.
- The days and hours the club premises will be used for club activities (if applying for a club licence).
- The proposed designation of the premises.
- The applicant is not supplying non-alcoholic refreshments and food.
- The applicant is not observing the requirements of the Act in relation to the sale of liquor to prohibited persons.
- The applicant is engaged in the sale and supply of other goods besides liquor and food
- The applicant is promoting a service other than those directly related to the sale and supply of liquor and food.
Making an objection
Write to the Secretary of the Licensing Authority within ten working days of the first public notice appearing in the newspaper. State the premises you object to and the reasons why. Your objection will be acknowledged and a copy sent to the applicant for their information.
Once the application is complete, it will be forwarded to the Liquor Licensing Authority (LLA) for its determination, along with your objection. If the LLA believes it has enough information available, it will make a decision at a public hearing. You will be notified in writing of the hearing date and time. If your objection is in the form of a petition please appoint a spokesperson.
At the hearing, the Court Registrar will ask those who wish to have their say to complete an appearance slip for the record. The Judge will then explain the order of proceedings.
- The applicant or the applicant's solicitor will state their case, giving evidence and calling witnesses in support of their application.
- The Police and LLA will present any matters of opposition or concern
- The objectors are given an opportunity to speak.
- All parties are given the opportunity to ask the witnesses questions.
- Once the application has been dealt with the LLA will reserve its decision. This means the LLA retires to consider the material presented at the hearing. If a decision is reserved, it can take approximately four to six weeks for a final decision to be issued.
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Host Responsibility
Promotion and Education
Host responsibility forms an important part of the LLA's policy of licensing and inspection premises. The LLA ensures that a host responsibility programme is in place and is being actively promoted.
The basic elements of the programme are:
- Serving alcohol responsibly.
- Providing and actively promoting food and low and non-alcoholic drinks.
- Identifying and dealing with underage and intoxicated people.
- Arranging safe transport options.
- Ensuring that management and staff are capable through up-skilling.
- Having a firm policy on host responsibility.
Host responsibility is always important, but is crucial when premises are operating (or applying to operate) extended hours. The LLA requires that any premises wishing to operate on a late night basis has appropriate management measures in place to avoid problems with intoxication and unruly behaviour.
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