Changes to the Sale and Supply of Alcohol Act 2012

You now no longer have to demonstrate to a district licensing committee (DLC) that you have “greater interest than the public generally” when objecting to a licence application.

Anyone can object to an application for a licence, licence renewal, variation of licence conditions, or special licence, with narrow exceptions for trade competitors and their surrogates. You can object as an individual or as the representative of a group or organisation.

This change accommodates people currently excluded from participating in licensing hearings who may not live in the area but spend time there due to family connections, living rurally, or having a particular connection to the area.

Objections still need to be based on the licensing criteria set out in the Act.

The time to make your objection has been increased from 15 to 25 working days. This gives you more time to become aware of current applications and make an objection if you wish to do so.

You can find out about licence applications on your local council’s website. Notice of an application will also be posted in an easy to see place, like the entrance of the premises that the application is for.

Working days are weekdays, excluding public holidays, and excluding 20 December – 15 January. Also excluded are Mondays where a public holiday falls on a weekend and is Mondayised – e.g., Waitangi Day or ANZAC Day.

Your objection still needs to be based on the criteria in the Act. Look to the following parts of the Act to see which grounds apply:

• sections 102 and 105 for applications for new licences
• section 120 for applications for variation of conditions
• sections 128 and 131 for applications for renewal, and
• sections 140 and 142 for applications for special licences.

Trade competitors cannot object if their objection is about trade. A trade competitor is a person holding an alcohol licence, regardless of whether they actually sell alcohol or where they sell it.

Surrogate trade competitors also cannot object. A surrogate is a person receiving, or is likely to receive, direct or indirect help from a trade competitor to object to an alcohol licensing application.

DLCs (or ARLA) need to determine if the prospective objector is a trade competitor or surrogate as part of their preparatory processes.

These provisions ensure the licensing process remains focused on the object of the Act – to ensure the safe and responsible sale, supply, and consumption of alcohol; and to minimise alcohol related harm.

You should continue to apply for alcohol licences from Buller District Council in the same way as before. You may wish to build in a bit more time, as people now have 25 working days to object.

Working days are weekdays, excluding public holidays, and excluding 20 December – 15 January. Also excluded are Mondays where a public holiday falls on a weekend and is Monday-ised – e.g., Waitangi Day or ANZAC Day.

People can no longer appeal provisional local alcohol policies (LAPs) to the Alcohol Regulatory and Licensing Authority (ARLA). The process to develop a LAP is now much simpler.

You can still be involved in the development or review of your area’s LAP through your council’s special consultative procedure, which councils use to develop a LAP.

The changes do not impact your ability to bring judicial review proceedings relating to LAPs or to appeal individual licensing decisions to ARLA.

Renewal applications can be declined if they would be inconsistent with the relevant LAP. This could be, for example, if there are too many alcohol retailers in an area or if the retailers are too close to a park or recreational facility, depending on what the relevant LAP says.

DLCs or ARLA do not have to decline the licence, but they have the discretion whether or not to do so when considering the relevant LAP. As before, DLCs or ARLA can impose conditions on licences so they are consistent with the relevant LAP.

The LAP will be one factor decision-makers consider alongside other factors, such as your suitability as an applicant, and the systems, staff and training you have in place to comply with the law.

You can access the Sale and Supply of Alcohol Act 2012 and the Sale and Supply of Alcohol Regulations 2013 on the New Zealand Legislation website:

• https://www.legislation.govt.nz/act/public/2012/0120/latest/DLM3339333.html
• https://www.legislation.govt.nz/regulation/public/2013/0459/latest/DLM5736956.html

You can access information from the parliamentary process, including speeches from Members of Parliament, what public submissions said about the changes, and the Justice Committee’s report on the Bill, here:

• https://bills.parliament.nz/v/6/ac17d356-0181-4e8d-825a-ce0c681ebae5?Tab=history

You can access Cabinet material relating to the changes on the Ministry of Justice website, here:

• Sale And Supply Of Alcohol Community Participation Amendment Bill.FINAL

If you require further information please contact us: [email protected]