Liquor Licensing - Council Policy
| Sponsor: |
General Manager Environmental Services |
| Date Approved: |
5 May2000 |
| Date Reviewed: |
10 March 2008 |
| File Reference: |
28/0 |
| Community Outcome: |
|
Safety and Community Spirit
A safe, friendly city where all people feel connected and valued. | |
Objective
To provide clear guidelines to ensure consistency in decision-making where the District Licensing Agency uses discretionary powers.
Policy
1.0 Introduction
The object of the Sale of Liquor Act includes the statement "to establish a reasonable system of control over the sale and supply of liquor to the public with the aim of contributing to the reduction of liquor abuse, so far as that can be achieved by legislative means"
The object of the Act further requires that every District Licensing Agency "shall exercise its jurisdiction, powers, and discretions under the Act in the manner that is most likely to promote the object of this Act".
1.1 Purpose and Intent of the Policy
Most of the decision-making processes where district licensing agencies are involved within the Act are clear and can be documented in standard operating procedures. However, there are various matters where agencies can make discretionary judgements or decisions for which clear guidelines are required to ensure consistency in decision-making, and to provide certainty for licensees as to what they can expect.
The purpose and intent of this policy is to provide those guidelines.
Note : The term "Agency" will be used throughout this policy document to denote the
Hamilton District Licensing Agency.
1.2 Section 96 Statements
The Licensing Authority may from time to time issue to District Licensing Agencies a statement setting out its views on the general administration of the Act or the policy to be followed in the administration of the Act or any provisions of it, or any information obtained by the Authority from any inquiry held by it or from any other source.
In the exercise of its functions under this Act, every District Licensing Agency must observe any statement issued under this section.
Therefore this policy is additional to, and is subject to, any views, or policy issued by the Authority under Section 96 of the Act.
It is also important to note that the policy is not necessarily binding on the Licensing Authority but acts as a guide to local policy.
2.0 Discretionary Matters
Discretionary matters to be considered in this policy are:
2.1 Criteria for premises licences and special licences
-
suitability of applicant
-
trading hours
-
restricted/supervised areas
-
sale of liquor to prohibited persons
-
sale and supply of non-alcoholic refreshments and food
-
sale and supply of low-alcohol beverages
-
alternative forms of transport
-
intension to include electronic gambling machines
2.2 Conditions for premises licences and special licences
2.3 Temporary authorities
2.4 Off-Licences
2.5 Other considerations for special licences
-
Definition of "Occasion or event, or a series of occasions or events"
-
Definition of social gathering
-
Private social gatherings on licensed premises
-
Duration and frequency
-
Lodging of application
-
Applicant to be the supplier of alcohol
-
Display of licence
-
Manager to be in attendance
2.6 Criteria for Manager's certificates
2.7 Suitability of applicant
2.8 Notice of application
2.9 Renewal of licences
2.10 Licensing authority
2.11 Public consultation and participation
2.12 Education
3.0 Criteria for premises licences and special licences
Sections 13, 35, 59 and 79 of the Act specify criteria for the Agency to have regard to when considering any application for the three types of premises licence, and for special licences. Information to assess against the criteria is obtained from reports on the application from the Agency's Licensing Inspector, the Police, and the Medical Officer of Health. The following specifies minimum criteria that must be satisfied before further consideration is given to any application.
3.1 Suitability of Applicant
Refer to Section 9.0.
3.2 Trading Hours
Policy Statement
This policy applies only to new or renewal applications for premises-based licences. The times prescribed in this policy include those imposed by the Act. The trading hours specified in this policy may be superseded by district plan requirements and by the requirements of other relevant legislation (e.g. the Casino Control Act 1990).
All Licensed Premises in Commercial Areas (excluding nightclubs)
Liquor may be sold only on the following days and during the following hours:
Monday to Sunday 7:00am to 3:00am the following day (7:00am to 12:00 midnight on the Thursday before Good Friday, Easter Saturday, Christmas Eve, and the day before ANZAC Day) to any person who is present on the premises. [Note: The times are straight from the current policy]
Taverns in Commercial Areas Within or bordering a Residential Area
Liquor may be sold only on the following days and during the following hours:
-
Sunday to Thursday 7:00am to 10:30pm to any person who is present on the premises. [Note: Current policy]
-
Friday and Saturday 7:00am to 12:00 midnight the following day to any person who is present on the premises. [Note: Current policy]
Provided that the above hours can be superseded by way of resource consent.
Nightclubs in Commercial Areas
Liquor may be sold only on the following days and during the following hours:
Monday to Sunday 5:00pm to 3:00am the following day
Trading Hours of Club-Licensed Activities
The trading hours of a club in terms of its activities, which may differ from the trading hours specified in the club licence relating to the sale of liquor, are to comply with the Hamilton Operative District Plan.
3.3 Restricted/Supervised Areas
Policy Statement
Nightclubs, taverns and hotel and revue bars will be designated supervised areas. Restricted areas will be considered where problems relating to minors have been shown to exist in any licensed premises.
3.4 Sale of Liquor to Prohibited Persons
Policy Statement
Information relating to how the applicant will comply with provisions related to prohibited persons is to be provided at the time of application. For club licenses it is expected that minors will make up less than 20% of membership.
3.5 Sale and Supply of Non-Alcoholic Refreshments and Food
Policy Statement
A full range of non-alcoholic refreshments, including juices and water, is to be available to patrons in all premises with an on-licence or a club-licence. In normal circumstances the agency will expect a food preparation area/kitchen to be provided unless it can be shown that other arrangements have been made to ensure the continuous availability of food, and that appropriate notices are in place in each bar to clearly indicate the continuous availability of such food.
Food consisting of at least packaged foods suitable for heating in a microwave oven be provided at all times.
3.6 Sale and Supply of Low-Alcohol Beverages
Policy Statement
A full range of low alcohol beverages, to be provided in all premises with an on-licence or a club-licence.
3.7 Alternative Forms of Transport
Policy Statement
Licensed premises with an on-licence or a club-licence are to provide, as a minimum, a listing of taxi firms and alternative transport options in Hamilton City, with their contact phone numbers, at or as near as practicable to the principle entrance of the premises, at a place that is clearly seen by both incoming and outgoing patrons. A telephone will be made available for patrons to use for this purpose.
3.8 Unincorporated Clubs
Policy Statement
The Agency will require, before any club-licence is issued, that where the application is made on behalf of an unincorporated association of persons, that the association becomes incorporated.
4.0 Conditions for premises licences and special licences
Under Sections 14, 37, 60 and 80 of the Act the Agency can impose conditions to the issue of any licence. Some conditions specified in the Act are mandatory for the type of licence being issued. Other matters are listed for which the Agency may impose conditions. This policy gives clear guidelines as to when any one of these matters will be imposed as a condition on the issue of a licence.
4.1 Promotion of the Responsible Consumption of Liquor
Policy Statement
The Agency will make conditions, where appropriate, to ensure the responsible consumption of liquor when granting applications for on-licences. This may include restrictions on the number of drinks sold at any one time to any one individual. The authority does not support the vending of alcohol from mobile vendors.
4.2 Caterers
Policy Statement
The Agency will require, as a condition or conditions attached to any endorsed off-licence issued, that catering operations would provide non-alcoholic refreshments and food as part of its range of products.
A full range of non-alcoholic refreshments, including juices, iced water is to be provided for patrons.
Food consisting of at least packaged and snack foods in the nature of pies, sandwiches, filled rolls, pizzas and the like, and the availability of those foodstuffs shall be notified to them by appropriate notices throughout the premises.
5.0 Temporary Authorities
Policy Statement
a) Temporary authorities will be granted to permit the continuation of a business
with a current on-licence in situations where undue hardship would be caused
by requiring a new, or renewed on-licence.
b) A temporary authority would be issued for a period of three months, or until the
expiry of the current on-licence.
c) The Agency will request that a hearing be held before determining an application for
a temporary authority where there are other parties that may be directly affected by
the grant of the authority.
d) That the temporary authority is issued and operated within the terms of the base
licence.
6.0 Off-licences
Policy Statement
In determining whether any one premises is a grocery store or a dairy the Agency will take into account the financial turnover of the business. A grocery store will be deemed to be different from a dairy where main order household foodstuffs constitute at least 50% of the total financial business turnover. Main order household foodstuffs are generally deemed to be foodstuffs that the majority of families would purchase once a week from either a supermarket or a grocery. Other factors will also be taken into account when making a determination.
7.0 Other considerations for special licences
A special licence can be issued pursuant to either Section 73 or 74 of the Act. A special licence issued under Section 73 authorises the holder of the licence to sell and supply liquor on the premises or conveyance described in the licence to anyone attending any occasion or event or series of occasions or events described in the licence.
A special licence issued under Section 74 authorises the holder of an on licence or a club licence to sell and supply liquor for consumption on the premises, at any time when the premises are required to be closed for the sale of liquor, to persons attending social gatherings of any kind specified in the licence.
This Policy endeavours to define the Authorities view of the use of a special licence and the point at which the activity is one for which an on, off or club licence should be sought. This is a general policy only and should be applied in respect of the merits of each particular special licence application. There is a restriction on trading hours for special licences issued within the Central Business District (defined for the purposes of this policy to include all that area bound by Bridge St, Anglesea St, Liverpool St and the Waikato River). This is to provide some degree of consistency with trading hours specified on premises-based licences.
A special licence for an off licence facility to operate at any particular venue in Hamilton will also be subject to similar provisions except the obligation to provide food.
7.1 Definition of "Occasion or Event or a Series of Occasions or Events"
Policy Statement
a) An occasion or an event can be any identifiable event and should be outside the
usual or regular activities of an on, off or club licensed premises.
b) A series of occasions or events is defined as a series of related events or activities
that have specified beginning and end points.
c) In making a determination the Agency will consider applications on their own merit.
7.2 Definition of Social Gathering
Policy Statement
A social gathering must have the following characteristics:
a) There must be a purpose for the function or gathering other than mere enjoyment of
bar facilities;
b) Liquor consumption must be ancillary to the true purpose;
c) The attendees must be only the promoters, the participants, and the specially invited
guests who are participators in or spectators to then principle activity;
d) The gathering must come close to being "special"; and
e) Regularity is not necessarily a disqualifying feature.
7.3 Private Social Gatherings on Licensed Premises
Policy Statement
If a private social gathering (e.g. a wedding or birthday party) is being held on a licensed premises outside the hours or conditions of the licence and the host of the function is giving the liquor to their guests and paying the licensee for the costs afterwards, the person selling the liquor (i.e. the licence holder) requires a special licence.
7.4 Duration and Frequency
Policy Statement
A special licence can be used for any lawful activity that does not fall into the regular activity of any other category of licence specified in the Act. A special licence will not be issued where, in the opinion of the Agency, the extent or regularity of the activity is such that an on, off or club licence is required by the Act.
Not withstanding the above, the trading hours of a special licence issued within the Central Business District (as defined above) shall be within the hours of:
7.5 Lodging of Application
Policy Statement
All applications for special licenses should be submitted at least 10 working days prior to the event, unless it relates to a private social gathering. Applications received later than 10 days prior to the event will be accepted and processed only where, in the opinion of the District Licensing Agency Secretary or a delegated officer, it is practicable to do so.
7.6 Applicant to be the Supplier of Alcohol
Policy Statement
In all cases the supplier of alcohol to be sold under the special licence must be the applicant.
7.7 Display of Licence
Policy Statement
The Agency will direct that the licence, together with the conditions imposed on the licence, be displayed in a conspicuous place, at the place described in the licence, except in the case of a private social gathering.
7.8 Manager to be in Attendance
Policy Statement
The Agency will exempt any company, licensing trust, partnership, Government department or other instrument of the Crown, local authority, or club who holds a special licence from having to appoint a manager if the Agency considers that the licensee, or some other person nominated by the licensee, will effectively manage the conduct of the sale of liquor pursuant to the licence.
The applicant, or nominated person, will be subjected to the same criteria as specified for managers in the policy statement below.
8.0 Criteria for Manager's Certificates
Section 121 of the Act specifies criteria for the Agency to have regard to when considering any application for manager's certificates. Information to assess against the criteria is obtained from reports on the application from the Agency's Licensing Inspector, the Police, and the Medical Officer of Health. The following specifies minimum criteria that must be satisfied before further consideration is given to any application.
8.1 Suitability of Applicant
Refer to Section 9.0.
8.2 Relevant Experience
Policy Statement
This will be assessed in terms of the applicant's relevant experience in the hospitality industry, their management ability as determined from their personal history, and their personal integrity as determined by their presentation in an interview situation.
8.3 Relevant Training and Qualifications
Policy Statement
The Agency will accept any qualification from an approved polytechnic course, or any other qualification from a course of instruction involving random test questions under closed book conditions and supervised by a responsible person.
Applicants for manager's certificates need to be aware that all holders of manager's certificates must hold the prescribed qualification as described in regulations by 1 December 2002.
9.0 Suitability of applicant
Policy Statement
This policy applies to applicants for premise licences, special licences, and manager's certificates.
The suitability of an applicant will include consideration of their experience in the hospitality industry, their management ability as determined from their personal history, and their personal integrity as determined by their presentation in an interview situation.
In determining suitability an assessment is made of the likelihood of a potential licensee or manager upholding the law in light of the evidence provided. Due consideration is given to reports from the Police and the Licensing Inspector. If either of these agencies raise any matters in opposition then the application is referred to the Authority. Matters in opposition can include evidence relating to the applicants past management of licensed premises in such a manner that caused annoyance to neighbours, particularly in residential areas, and particularly in relation to the emission of noise.
In considering the effect of individual convictions on the suitability of an applicant for an on-licence in terms of Section 13(1)(a) of the Act, the Agency will give less weight to convictions:
a) more than 10 years old provided there has been no offending of any kind since that
time;
b) relating to minor traffic or parking offences not involving liquor; or
c) resulting from minor youthful indiscretions.
The Agency will give added weight to any conviction :
a) for any offence occurring on or involving or arising from conduct on licensed premises;
b) relating to or involving the use or abuse of drugs or liquor;
c) disclosing two or more serious offences of a similar type; and
d) asault or violence offences against any person.
In addition the Agency will closely examine any pattern of offending disclosed by the type of convictions listed.
10.0 Notice of application
Policy Statement
The Agency will require in every case that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates. This will be exempted by the Agency only in situations where it is impracticable or unreasonable to do so.
Furthermore the public notification of the application in the newspaper, and the notification on or adjacent to the applicant's site, shall be carried out on the same day.
11.0 Renewal of Licences
Policy Statement
The Agency will permit an application for a renewal of a licence within 20 working days of the expiry of the current licence only where it is satisfied that the reason for failure to file the application in time was due to administrative oversight, change in manager/personnel, illness, absence of staff responsible, or such other acceptable reason.
12.0 Licensing Authority
Policy Statement
The Agency reserves the right to refer any application to the Licensing Authority for a determination, where the granting of that application could, or would, have an effect outside of the Agency's district.
13.0 Public consultation and participation
Policy Statement
The Agency will continue to encourage public participation and consultation in liquor issues generally with a particular emphasis on:
14.0 Education
Policy Statement
The Agency will maintain a public awareness and communication role targeting the above-mentioned groups, with a view to increasing public awareness of the need for moderation in alcohol consumption and compliance with legislative requirements.
Previous Review Dates
13 May 2005
6 November 2002
