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How to apply for a licence to sell or supply
alcohol
Do you want to apply for a licence?
Here is what you need to know!
The law surrounding alcohol licensing is changing. There are new criteria for considering
licence applications. Transitional measures mean the term of your licence renewal may
change.
If you are seeking a new or renewed licence then these changes will affect you!
This brochure has important information for you. It does not replace the Sale and Supply of
Alcohol Act 2012 which should be referred to in cases of doubt.
Click on the headings below or read on to find out:
 How has the law changed?
 How do these changes affect my licence application?
 What are the new criteria for assessing applications?
 Who can object?
 What are the grounds for an objection?
 Who decides whether a licence is granted?
 How is the licensing decision made?
 How do I appeal a decision?
How has the law changed?
The Sale and Supply of Alcohol Act 2012 (the new Act) became law on 19 December 2012. Some
provisions of the Sale of Liquor Act 1989 (the old Act) continue to apply until 18 December 2013.
Already a new Alcohol Regulatory and Licensing Authority (ARLA) has replaced the former Liquor
Licensing Authority and new licensing criteria and grounds for objections have replaced requirements
in the old Act.
From 18 December 2013 the new Act comes fully into effect including the establishment of new
District Licensing Committees which will consider all applications for licences in each territorial
authority. For more detail about the new law go to http://www.justice.govt.nz/policy/sale-and-supplyof-alcohol.
How do these changes affect my licence application?
If your application (either for a new or renewed licence) was filed before 18 June 2013, then:



uncontested applications are considered by a District Licensing Agency (DLA) under the
requirements of the old Act
contested applications are considered by the Alcohol Regulatory and Licensing Authority (ARLA)
under the requirements of the old Act
If the application is not considered until after 18 December 2013, it will be considered by a District
Licensing Committee (DLC) under the requirements of the old Act
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
Licences granted on applications made after 19 December 2012 will have the effect of a
temporary licence and will expire 12 months after issue.
If your application (either for a new or renewed licence) is filed between 18 June 2013 and 18
December 2013, then:


uncontested applications are considered by a District Licensing Agency (DLA) under the old Act,
but using the broader criteria in the new Act
contested applications are considered by the Alcohol Regulatory and Licensing Authority (ARLA)
under the old Act, but using the broader criteria in the new Act.
 Licence renewals can be for a period of up to 3 years
 If your existing licence does not meet the criteria in the new Act, then the DLA or ARLA may
renew your licence for a limited period (ending not later than 18 December 2014), to enable
you to sell off existing stock or reconfigure your business to comply with the new Act.
If your application (either for new or renewal) is filed on or after 18 December 2013:
Both contested and uncontested applications will be considered by a local District Licensing
Committee (DLC), which will replace the DLA on 18 December 2013.
A DLC can transfer an application to ARLA for decision if the chair of ARLA agrees.
If an uncontested application has not been determined by a DLA before 18 December 2013, it will be
considered by a DLC. Contested applications made before 18 December 2013 that have not been
determined by ARLA will continue to be considered by ARLA until the process is complete. In both
instances, notwithstanding that the old Act will have been repealed, ARLA or the DLC will deal with
the application under the provisions of the Act in force at the date of application.
What are the new criteria for assessing applications?
When deciding whether to issue a licence, the DLA (or DLC), or ARLA must now have regard to:
 The object of the Act
 The suitability of the applicant
 Any relevant local alcohol policy
 The days and hours of sale
 The design and layout of premises
 The sale of goods other than alcohol and refreshments
 The provision of other services not related to the sale of alcohol and refreshments
 Whether amenity and good order of the area would be substantially reduced
 The undesirability of further licences where amenity and good order have already been
reduced
 Whether the applicant has systems, staff and training to comply with the law
 Any matters reported by the Police, an inspector or the Medical Officer of Health.
Further information on these criteria is included in the associated document titled ‘Criteria for
objections to licences’.
The decision makers cannot take into account the impacts of the licence on business conducted
under any other licence or other matters not covered by the criteria.
Note: District Plan consent requirements must be met before a licence is applied for.
Who can object?
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People can object on the basis of any of the licensing criteria in the new Act. As in the old Act,
objections to the granting of a licence may only be made if the objector has a greater interest than the
general public.
A person with a ‘greater interest’ could, for example, be someone living or working in the same street
as the proposed premises, or a member of a board of trustees of a school or marae that is located
nearby.
A member of the public who is concerned about the general effects of alcohol in the community but
who lives in another part of town and does not have a special interest in the application is unlikely to
meet the criterion of having ‘greater interest’ than the general public.
What are the grounds for objection?
An objection can be made based on (but only on) any of the new expanded criteria in the new Act.
The decision makers cannot take into account the impacts of the licence on business conducted
under any other licence or other matters not covered by the criteria.
Who decides whether a licence will be granted or renewed?
The bodies that make decisions about licences are:
District Licensing Agencies/District Licensing Committees (DLA/DLC)
Applications are made to the DLA until 17 December 2013. From 18 December 2013 applications will
be made to the DLC, which replaces the DLA. The DLA considers uncontested applications only.
DLCs will consider all licence applications. The DLA and DLC are administered by your local territorial
authority and relevant information can be found on its website. To find the right website go to:
http://www.lgnz.co.nz/home/nzs-local-government/new-zealands-councils/
Alcohol Regulatory and Licensing Authority (ARLA)
ARLA is the national decision making body for licensing and deals with matters referred to it by a DLA
or DLC, as well as appeals against decisions of DLAs or DLCs. Until 17 December 2013 it will decide
all contested licence applications. For more information on ARLA go to:
http://www.justice.govt.nz/tribunals/alcohol-regulatory-and-licensing-authority.
The following people also have input into the licensing process:
Licensing Inspectors
Licensing inspectors work for each territorial authority but act independently to enforce the Act,
monitor licences and advise the DLA (or DLC) and ARLA on applications. Licensing inspectors must
provide a report to on each licence application.
Medical Officer of Health
The Medical Officer of Health is located in the local District Health Board. Medical Officers of Health
must inquire into the application and may provide a report on a licence application.
Local Police
Police must inquire into the application and may provide a report on a licence application.
How is the licensing decision made?
Before 18 December 2013
When you apply for a licence, you need to complete the required form, which is available from your
local territorial authority. You will need to pay the appropriate fees (as set out in the Sale of Liquor
Regulations 1990) to the DLA when you lodge your application. You will receive an acknowledgement
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of your application and may be contacted by a Licensing inspector to discuss your application. You
will also receive a copy of any objection to your application.
Copies of your application, and any objections, are also sent to the Police, Medical Officer of Health
and Licensing inspector for investigation and reporting.
If there is no opposition, the DLA makes the decision. If there is an objection to the licence, the
application is forwarded to ARLA, which will investigate and make a decision. If there are no
objections the application may be granted without a public hearing. If there are objections a public
hearing will be held unless the objection is deemed vexatious or the applicant does not require a
hearing.
In considering any application for a licence, the DLA or ARLA must consider the new, expanded
criteria.
After 18 December 2013
When you apply for a licence, you need to complete the required form, which is available from your
local territorial authority. You will need to pay the appropriate risk based fees (which will be set by
regulation or bylaw) when you lodge your application. You will receive an acknowledgement of your
application and may be contacted by a licensing inspector to discuss your application. You will also
receive a copy of any objection.
Copies of your application and any objections are also sent to the Police, Medical Officer of Health
and licensing inspector for investigation and reporting.
The DLC will consider and issue all licences and licence renewals. Provision is made for applications
to be referred to ARLA for a decision but the Chair of ARLA must give leave for this to happen. If
there are no objections the application may be granted without a public hearing. If there are objections
a public hearing will be held unless the objection is deemed vexatious or the applicant does not
require a hearing.
In considering any application for a licence, the DLC and ARLA, must consider the new, expanded
criteria.
How do I appeal a decision?
If you disagree with the DLA’s or DLC’s decision you can appeal to ARLA. Appeals against ARLA
decisions are dealt with by way of a rehearing. You need to give a notice of appeal to ARLA within 10
working days of the date of the decision being notified to you.
All appeals filed before 18 December 2013 will be dealt with using the procedure in the old Act. All
appeals filed on or after 18 December 2013 will be dealt with under the new Act.
There is a cost for filing an appeal. For more information on appeals go to:
http://www.justice.govt.nz/tribunals/alcohol-regulatory-and-licensing-authority
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