Parliament has made changes to the Sale and Supply of Alcohol Act 2012 (the Act).

The changes make it easier for communities to have a say in alcohol licensing decisions.

Objectors now no longer have to demonstrate to a District Licencing Committee (DLC) that they have a ‘greater interest than the public generally’ when objecting to a licence application.

Who can object?

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.

People can object as an individual or as the representative of a group or organisation.

Trade competitors and their surrogates are restricted from objecting

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 likely to receive, direct or indirect help from a trade competitor to object to an alcohol licence application.

Whoever is holding the licence hearing – either a District Licensing Committee (DLC) or the Alcohol Regulatory and Licensing Authority (ARLA) will decide if someone is a trade competitor or surrogate as part of their preparatory processes.

Objectors have 25 working days to object

The time to make your objection has been increased from 15 to 25 working days (excluding public holidays and excluding 20 December to 15 January each year).

Anyone can find out about licence applications in the local newspaper.

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.

People can object on certain grounds

The following may be grounds for an objection:

• Suitability of the applicant.
• Days and hours alcohol is proposed to be sold.
• Days and hours the club premises will be used for club activities.
• Proposed designation of the premises (whether minors will be allowed on the premises).
• Lack of enforcement for the minimum age requirements.
• Lack of non-alcoholic refreshments and/or availability of food.
• The sale and supply of goods and services other than alcohol or food.
• Whether the application meets the object of the Sale and Supply of Alcohol Act 2012 (to minimise the negative impacts of alcohol on the community).
• The design and layout of any proposed premises.
• Whether the "amenity and good order of the locality" would be reduced by more than a minor extent.
• Whether the "amenity and good order of the locality" is already badly impacted by existing alcohol licences.
• Whether the applicant has capable, well trained staff and good systems in place to meet their responsibilities when supplying alcohol.

When the alcohol licence application is considered to impact on the "amenity and good order of the locality", the DLC will take into account additional elements such as:

• Noise levels (relating to the licensed premises).
• Nuisance and vandalism (eg wilful damage, graffiti and crime).
• The number and types of licensed premises in an area.
• Community, educational or other facilities in the vicinity of the proposed licensed premises.

An objection must be in writing and must be filed with the Council within 25 working days after the date of the first newspaper notice. Objections can be filed by post, email, or in person.

 

Post	Alcohol Licensing Matamata-Piako District Council PO Box 266, Te Aroha   3342
Email	This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone	07 884 0060 or 0800 746 467
In person	Te Aroha Office - 35 Kenrick Street, Te Aroha