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Liquor Licensing - Off License

 

What is an Off-Licence
Information required with the application
Processing of the application
Objections
Application to licensing authority
Criteria for the Off-Licence
Conditions for the Off-Licence
Variation of conditions
Duration of an Off-Licence
Removal of an Off-Licence
Unopposed application to be granted
Display of signs and licence
Further information

What is an Off-Licence

An off-licence authorises the holder of the licence to sell and supply liquor off the premises for consumption off the premises (or conveyance).

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Information required with the application

An application for an Off-Licence is required in triplicate and must be accompanied by the following:

  • Application Form .
  • If applicable, a copy of the certificate of incorporation or alternatively a copy of the memorandum of association.
  • A photograph of the exterior of the premises or an artist's impression of the exterior of the proposed premises.
  • A map showing the location of the premises .
  • A scale of plan showing:
  • Those parts of the premises that are to be used for the sale or supply of liquor.
  • Those parts of the premises (if any) that the applicant intends should be designated as “restricted” or “supervised” areas.
  • Each entrance to the premises that the applicant intends to be a principal entrance except where the applicant is a Club.
  • A written statement from the owner to the effect that the owner has no objection to the grant of the licence.
  • A certificate from Council's Planning Division that the proposed use of the premises meets District Plan requirements. See Fees and Charges for prescribed fee.

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Processing of the application

The application must be forwarded to:

The Secretary
South Waikato District Licensing Agency
Private Bag 7
TOKOROA

  • A copy of the application will be sent to the Police, and the Inspector appointed under the Act, for a report.
  • The applicant will receive a copy of these reports.
  • Within 20 working days after filing the application, the applicant shall give public notice of the application.

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Objections

  • Any person (over the age of 18 years) who has a greater interest in the application than the general public may object to the Off-Licence being granted.
  • A copy of every objection shall be sent to the applicant.

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Application to licensing authority

The District Licensing Agency will forward the complete file to the Licensing Authority for determination. The complete file includes:

  • The application and supporting documents.
  • A copy of the public notices and a statement of the dates of publication.
  • Any objections.
  • The reports from the Police, and the Inspector.
  • The certificate of town planning approval.

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Criteria for the Off-Licence

In considering the application for an off-licence, the Licensing Authority shall consider:

  • The suitability of the applicant
  • The days and hours during which the applicant proposes 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.
  • Whether the applicant proposes to engage in the sale of other goods or services besides liquor.
  • The reports from the Authorities.

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Conditions for the Off-Licence

  • It is a condition of the off-licence that no liquor shall be sold or delivered on any Sunday, Good Friday or Christmas Day.
  • It is a condition of the off-licence granted to the holder of a club licence that shall be sold or supplied only to members of the club.
  • It is a condition of the off-licence granted to any Supermarket or grocery that only wine and sparkling wine be sold.
  • On granting an application for an off-licence the Licensing Authority may impose conditions relating to some of the criteria and the site of the premises in relation to neighbouring land use.

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Variation of conditions

  • The holder of an off-licence may apply for the variation or cancellation by the Licensing Authority of any condition of the licence.
  • Within 20 working days after filing the application with the Licensing Agency, the applicant shall give public notice of the application (see Fees and Charges ).
  • The Licensing Authority then considers the application.

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Duration of an Off-Licence

Every off-licence shall continue in force

  • Until one year after the date of issue.
  • If an application for the renewal is duly made, until the application is determined.

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Removal of an Off-Licence

  • Every application for renewal of an off-licence shall:
  • Be filed with the District Licensing Agency no later than 20 working days before the expiry of the licence.
  • See Fees and Charges for prescribed fee.
  • Within 10 working days after filing the application, the applicant must give public notice.
  • Objections may be made.
  • Reports will be received from the Police and Inspector.

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Unopposed application to be granted

  • If no objection is filed and no report raises any matter in opposition to the application, the District Licensing Agency shall renew the licence, subject to the present conditions imposed by the Licensing Authority, for a further period of 3 years.
  • If there are any objections the Licensing Agency shall forward the complete file to the Licensing Authority for determination.

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Display of signs and licence

  • The holder of an off-licence shall ensure that a sign is attached to the exterior of the premises, outside each principal entrance, stating the ordinary hours of business that the premises will be open for the sale of liquor.
  • The licensee shall ensure that there a copy of the licence and conditions, is displayed inside the premises adjacent to each principal entrance.

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Further information

If further information is required, please write to the Registrar of Liquor Licensing, South Waikato District Council, Torphin Crescent , Tokoroa. Alternatively contact us using the links at the bottom of this page.

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Site photographs by
Chris Westinghouse


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337-8/10/2004 11:11:16 a.m.
 
 


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