The Sale and Supply of Alcohol Act 2012 ("the Act") specifies timelines, deadlines and non-working days that impacts the filing of alcohol licensing applications.
Working day (or non-working days)
The definition of a working day impacts the reporting days by the Police and Medical Officer of Health, advertising of your application and the public objection period.
The Sale and Supply of Alcohol Act 2012 defines a working day as a day of a week other than:
(a) Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
(c) a day in the period commencing on 20 December in any year and ending with 15 January in the following year.
Refer to 'working day' under section 5 of the Act.
Deadlines
Special licences
Special licences must be filed at least 20 working days before the day on which the event concerned begins. Refer subpart 4 Section 137 of the Act. Remember the working day definition as this affects the filing date of your application.
For large size events (over 400 people), it is recommended that you lodge the application at least 40 working days prior to the event as agencies will meet with the applicant to discuss the proposal and usually require additional information. Large size events require an alcohol management plan, event management plan, food registrations and may require resource consent and a traffic management plan.
Late applications made less than 20 working days before the event must include on the application form or by a letter explaining the reason for its lateness. A District Licensing Commissioner will make a decision on whether the application can be accepted for consideration and must consult with the Police and Medical Officer of Health to fix a reporting period for which the reports must be received.
You need to have a good reason as to why the special licence application is late as the Act states that the DLC must be “satisfied that the need for a special licence could not reasonably have been foreseen earlier.”
Renewal of an on, off or club licence
Every application for renewal of a licence must be filed with the licensing committee no later than 20 working day before the expiry of the licence or by such later date (not being later than the expiry date of the licence) as the licensing committee may allow.
You must have a good reason as to why your application was filed late- being short staffed or you didn’t take into account the non-working days is not an acceptable reason. Refer section 127 of the Act.
Renewal of a manager’s certificate
Every application for the renewal of a manager’s certificate must be filed with the licensing committee before the date of the expiry of the certificate. Refer section 224 of the Act.
