District Licensing Committee (DLC)
On 18 December 2013 District Licensing Committees (DLCs) replaced the current District Licensing Agencies, allowing for local-level decision-making. DLCs will consider and determine all applications for liquor licences and managers certificates.
The Sale and Supply of Alcohol Act 2012 requires each territorial authority to appoint one or more licensing committees to deal with licensing matters for its district. Two or more Territorial Authorities can establish a shared list of people approved to be members of the respective DLC. Territorial Authorities can choose to appoint a neighbouring TA’s Chair as a Commissioner to Chair its own DLC.
TUnder section 186 of the Sale and Supply of Alcohol Act 2012, the Kaipara District Licensing Committee is comprised of the Chair, a Deputy Chair and three public list members.
The Committee will consider and determine all applications relating to licences and certificates applied for from 18 December 2013. The Committee may consist of the Chair sitting alone to determine unopposed applications. Opposed applications would require a quorum of two members from the members list plus the Chair.
Chair - Mr Mark Farnsworth (Acting)
Deputy Chair - vacant
Mr Mark Farnsworth
Mr Gordon Lambeth
Mr Mark Vincent
DLC Hearing Decisions
Special Licences, Managers Certificates (New and Renewals), Premises Licences or Temporary Authority Orders
Publicly Notified Hearings
- First Point of Council Contact for any queries is Rachel Sheppard, 0800 727 059 extn 605
ALCOHOL CONTROL AREAS and BYLAWS
It is an offence to consume or carry opened alcohol in an alcohol ban area, except at licensed premises or in a building. Police have powers to search, seize and arrest.
Alcohol ban areas: Mangawhai, Dargaville, Ruawai, Kaihu, Aranga, Omamari, Baylys, Glinks Gully, Poutu, Te Kopuru
Alcohol Licence Information
If you own, operate or manage a business or venue, where alcohol will be sold and supplied, you need to be familiar with the laws and regulations that apply to liquor under the Sale and Supply of Alcohol Act 2012 and amendments.
Sale and Supply of Alcohol Act 2012
Which licence do you require?
If you want to sell and supply alcohol, you must apply for the appropriate alcohol licence. Each licence has its own application form, a non-refundable fee and requirements for specific additional documentation.
This allows you to sell and supply alcohol for consumption. An On Licence may be issued for building premises and conveyances:
- Night Club
- Restaurant or café
- Conveyances; bus, boat or ship, aircraft, train, vehicle
- Endorsed premises; BYO.
This allows you to sell, supply or deliver alcohol for consumption off the premises. An Off Licence may be issued for:
- A "stand alone" bottle shop or store
- A supermarket or grocery store
- A brewery
- A winery
This allows Clubs to sell; supply and serve alcohol for consumption, on Club premises to Club members, their guests and members of Clubs with reciprocal visiting rights.
This allows the holder, to sell and supply alcohol, on the premises or conveyance named in the licence, to any person or persons attending the occasion or event approved by the licence, for the duration of the specific occasion or event.
- sporting event
- wine tasting
- bus trip
- party where alcohol is being sold
- public party where alcohol is being sold and supplied
- party on leased premises where alcohol is being sold and supplied
- event where tickets are being sold
- any licensed premises that operates outside the conditions of their existing licence
If you have purchased a licensed business with a current On or Off Licence, you must apply for temporary authority to operate until your own licence has been approved. You need to apply for temporary authority at least 20 working days before you take-over the business. A Temporary Authority will be granted, providing there are no objections, for a maximum of three months, during which time you must apply for and be granted your own On or Off licence.
A certified manager must be on duty at all times when alcohol is being sold and supplied to the public except in the case of most special licences and endorsed licences.
Clubs must appoint at least one manager who holds a current Manager's Certificate.
If the certified manager is ill, absent, dismissed or resigned, a licensee can appoint a temporary or acting manager. These people must be adequately trained and Council and the Police notified.
A Temporary Manager can be appointed where a manager is ill or absent for any reason, or is dismissed, or resigns. A licensee may appoint a person who is not the holder of a Manager’s Certificate as a Temporary Manager. The person appointed as a Temporary Manager must, within two working days, apply for a Manager’s Certificate and then may continue as a Temporary Manager until such time as the application for the Manager’s Certificate is determined.
A licensee can appoint someone who is not the holder of a Manager’s Certificate as an Acting Manager for any period not exceeding three weeks at any one time. An individual cannot be appointed as an “Acting Manager” for any period totaling more than six weeks in a 12 month period.
Applying for a licence
Applications for a premises or conveyance (On, Off, Club or Special Licence) licence must be made to the Kaipara District Licensing Agency on the appropriate form with supporting information. Once lodged, applications are sent to the Police, Fire Service and District Licensing Inspector, and the Medical Officer of Health who then give their reports to the District Licensing Agency.
All applications are required to be publicly notified by the applicant in a newspaper that circulates within their local area. Once the above reports and supporting documents have been received the applications will processed and determined (granted or declined by the District Licensing Committee). For further information contact Rachel Sheppard on 0800 100 388 extn 605.
Process and timeframes
- Special Licences (to sell alcohol for a special occasion or event)
- New or Renewal Premises Licences (On, Off, Club)
- New or Renewal of Managers Certificates
Are currently being processed within a 20-25 working day timeframe provided that:
- The application is completed fully at the time it is lodged
- That no further information is required
- That any premises applications are publically notified correctly
- Provided that an application is unopposed and does not require a public hearing before the District Licensing Committee.
The 20-25 working day timeframe allows for:
- Interviews to be conducted where necessary
- Inspection of premises to be undertaken where necessary
- The public notification of an application to take place where required
- Any other interdepartmental liaison eg health, planning and building team input.
Alcohol Licence Forms
- On Licence Premises Application - restaurant, cafe, tavern, hotel, bar, wine bar
- Off Licence Premises Application - supermarket, grocery store, bottle store, catering Off Licence premises
- Club Licence Application - all types of Clubs
- Renewal - On Licence; Off Licence; Club Licence
- Special Licence Premises Application - use this form for an event such as selling and supplying liquor at a quiz night, special events, conveyance or licensed premises that operates outside of the conditions of their existing licence.
- Temporary Authority Application - If you purchase an existing licensed business, you must apply for temporary authority to operate legally until your own licence has been approved. This needs to be filed at least 20 working days before you take over.
Host Responsibility is being responsible with the serving of alcohol at any venue, licensed premises, special occasion or special event to reduce the problems that can be caused from excessive drinking.
Below is a set of guidelines that supports this aim.
As a responsible supplier of alcoholic drinks, you are legally required to ensure that Host Responsibility is followed at all times while alcohol is being served or consumed.
- Provide and promote substantial food as long as alcohol is being served
Provide and promote non-alcoholic and low alcohol beverages
Offer free non-alcoholic drinks to designated drivers
Do not encourage promotions e.g. happy hours, specials, giveaways.
Have a telephone accessible for your patrons to use to arrange transport options.
Have a system in place for checking the age of patrons and for refusing service to underage patrons.
Ensure staff is trained to watch for and be able to recognise patrons that have had too much to drink and prevent driving under the influence of alcohol.
Ensure that alcohol is not supplied to intoxicated persons.
Licensing Inspectors together with the Police and combined agencies conduct routine inspections of licensed premises and venues where Special Licences have been granted to ensure compliance with the requirements of the Sale and Supply of Alcohol Act 2012 and licence conditions.
If you are applying for a licence for a special occasion or a special event you will need to supply adequate information for the application to be processed speedily. Application forms, Host Responsibility and Special Licence information sheet guidelines are available from the Council offices at Mangawhai and Dargaville for your assistance.