Liquor Licensing - On License

What is an On-Licence?
Information required with application
Processing of the Application
Objections
Application to the Licensing Authority
Criteria for an On-Licence
Conditions of an On-Licence
Variation of an Conditions
Duration of an On-Licence
Renewal of an On-Licence
Unopposed application to be granted
Display of signs and licence
Special Provisions relating to BYO restaurants
Further information

An On-Licence authorises the holder of the licence to sell and supply liquor on the premises for consumption on the premises (or conveyance).

An application for an On-Licence needs to be in triplicate and has to be accompanied by the following:

• If applicable, a copy of the certificate of incorporation or alternatively a copy of the memorandum of association.
• A photograph of the exterior of the premises or an artist's impression of the exterior of the proposed premises.
• A map showing the location of the premises.
• A scale of plan showing:
• Those parts of the premises that are to be used for the sale or supply of liquor
• Those parts of the premises (if any) that the applicant intends to be ‘restricted' or ‘supervised' areas.
• Each principle entrance to the premises.
• A written statement from the owner to the effect that the owner has no objection to granting the licence.
• A certificate from Council's Planning Division that the proposed use of the premises meets District Plan requirements. See Fees and Charges for the prescribed fee.
• A menu or other indication of the standard and style of food to be provided.
• See Fees and Charges for the prescribed fee.

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The application should be forwarded to:

South Waikato District Licensing Agency
Private Bag 7
TOKOROA
Attention: John Anderson

Copies of the application will be sent to the Police, Fire Service, Medical Officer of Health and the Inspector appointed under the Act, for a report. The applicant will receive a copy of these reports. Within 20 working days after filing the application, the applicant must give public notice of the application.

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Any person (over the age of 18 years) who has a greater interest in the application than the general public may object to the grant of an On-Licence. A copy of every objection shall be sent to the applicant.

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The District Licensing Agency shall forward the complete file to the Licensing Authority for determination. The complete file includes:

• The application and supporting documents.
• Copies of the public notices and a statement of the dates of publication.
• Any objections.
• The reports from the Police, Fire Service, Medical Officer of Health and the Inspector.
• The certificate of town planning approval.

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In considering the application for an On-Licence, the Licensing Authority must consider:

• The suitability of the applicant.
• The days and hours during which the applicant proposes to sell liquor.
• The areas (if any) that are proposed to be designated as “restricted” or “supervised” areas.
• The steps proposed to be taken by the applicant to ensure that the requirements of the Act are observed.
• The applicant's proposals relating to the sale and supply of non-alcoholic refreshments and food.
• Whether the applicant proposes to engage in the sale of other goods or services besides liquor and food.
• The reports from the Authorities.

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• That the licensee has a reasonable range of non-alcoholic refreshments available on the premises.
• That, in respect of a hotel or tavern, no liquor shall be sold on any Sunday, Good Friday or Christmas Day except:
• To any person who is living on the premises.
• To any person who is present on the premises for the purpose of dining.
• In accordance with a Special Licence.
• On granting an application in respect of a hotel or tavern, the Licensing Authority shall designate each bar as “restricted” or “supervised” areas.
• On granting an application for an On-Licence the Licensing Authority may impose conditions relating to certain criteria matters and the site of the premises in relation to neighbouring land use.

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• The holder of an On-Licence may apply for the variation or cancellation by the Licensing Authority of any condition of the licence.
• Within 20 working days after filing the application with the Licensing Agency, the applicant must give public notice of the application.
• The application procedure applies. See Fees and Charges for the prescribed fee.
• The Licensing Authority then considers the application.

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Every On-Licence shall continue in force:

• Until one year after the date of issue.
• If an application for the renewals is duly made, until the application is determined.

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• Every application for renewal of an On-Licence shall
• Be filed with the District Licensing Agency no later than 20 working days before the expiry of the licence.
• Be accompanied the prescribed fee (see Fees and Charges )
• Within 10 working days after filing the application, the applicant must give public notice.
• Objections may be made.
• Reports will be received from the Police, Fire Service, Medical Officer of Health and Inspector.

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• If no objection is filed and no report raises any matter in opposition to the application, the District Licensing Agency shall renew the licence, subject to the present conditions imposed by the Licensing Authority, for three years.
• If there are any objections the Licensing Agency shall forward the complete file to the Licensing Authority for determination.

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• The holder of an On-Licence shall ensure that a sign is attached to the exterior of the premises, outside each principal entrance, stating the ordinary hours of business that the premises will be open for the sale of liquor.
• The licensee shall ensure that a copy of the licence and conditions is displayed inside the premises adjacent to each principal entrance.

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• The Licensing Authority may endorse an On-Licence indicating that it is a Bring Your Own (BYO) restaurant. This allows the consumption of liquor by persons who have brought the liquor to the restaurant and are there for the purpose of dining.
• A BYO On-Licence also authorises the sale of food or hot beverage of which liquor is an ingredient provided it does not contain more than 14.33% alcohol by volume.
• There is a fee for an application for a BYO endorsed On-Licence (see Fees and Charges ). The procedure remains the same as for a standard On-Licence.

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If further information is required, please write to Liquor Licensing, South Waikato District Council, Torphin Crescent , Tokoroa. Alternatively follow the link at the bottom of this page for more contact details.

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Click here for contact details