Alcohol Bans, Licensing and Permits

Contents

Alcohol Control Bylaw (Ban area maps)

Under the Local Government Act, Council may make bylaws that impose alcohol bans for the purpose of controlling the consumption and possession of alcohol in public places. Council reviewed its Alcohol Control Bylaw in 2016.

This bylaw imposes year round 24/7 alcohol bans in Waihi Beach, Katikati and Te Puke. You can see more about the key issues, feedback and decisions made as part of this review in our Decisions Document.

View the full Alcohol Control Bylaw 2016 including the maps for the alcohol ban areas.

Types of Alcohol Licensing

The type of licence you need depends on the type of activity or business you will be undertaking. Look at the following situations to find out what licence type applies to your activity (more than 1 licence type may apply):

​Situation:​Licence type:

​Premises that sell and supply alcohol, e.g:
Tavern, hotel, restaurant, cade, BYO restaurant, caterer (alcohol is consumed on the premises)

​ON licence

​Bottle store, grocery store, supermarket, auctioneer, mail order business (alcohol is consumed away from the place of purchase)

​OFF licence

Clubs that sell and supply alcohol, e.g:
​Sport, social, cultural

​CLUB licence​

Events or special occasions where alcohol is
to be sold or supplied, e.g: Function on hired premises (e.g. public or community hall), sports events, fundraisers, where alcohol is consumed
on-site

​On-site SPECIAL licence

Food and wine show, market stall at fair or gala where wine or beer is sold by bottle unopened for consumption off-site

Off-site SPECIAL licence​

Buying an existing business that sells alcohol

​TEMPORARY AUTHORITY

Alcohol Licensing Application forms / Guidelines

Due to the complex nature of these applications, we recommend you get expert advice to determine the type of licence required. Alternatively please look at the Sale & Supply of Alcohol Act 2012 or visit the Liquor Licensing Bureau.  Guidelines for objections, applications and hearings are provided below.

Manager's Certificate

When alcohol is being sold or supplied to the public on licensed premises, there must be a manager who holds a Manager's Certificate on duty at all times. If you are the manager on duty, it is your responsibility to make sure the premises meets its responsibilities under the Sale and Supply of Alcohol Act 2012 and the conditions of the alcohol licence.

Temporary manager

If a certified manager is ill, absent, dismissed or resigns, the licensee can appoint a temporary manager. The temporary manager does not need to hold a current manager's certificate, but must lodge an application for a manager's certificate within two working days of the appointment. The temporary manager's status will remain in effect until their application has been considered.

If the application is not lodged within two working days, or the application is refused, the licensee must stop using that person as a manager.  See Notice of Management application (PDF, 149KB)

Acting manager

Acting managers can be appointed to cover planned or unplanned leave. If a manager is ill or absent, the licensee may appoint an acting manager for no more than three weeks at any one time, or a period of no more than six weeks in any 12-month period. See Notice of Management application (PDF, 149KB)

New or Renewal of manager's certificate

When a manager has been granted a manager's certificate and will start acting as a duty manager, the licensee must notify the Council's District Licensing Committee. Notification must also be made if a manager is dismissed, resigns or their certificate is cancelled.

Please click on the following if you wish to apply for a new Manager's Certificate (PDF, 208KB), or Renewal of Manager's Certificate (PDF, 204KB)

What happens to my application

In considering your application for a Liquor Licence, we'll obtain reports from the Police and, in some instances, the Medical Officer of Health, and the Fire Service. We may also arrange a time that suits you to complete an interview with A Licensing Inspector.

Your application will be assessed based on the premises and applicants suitability to operate a liquor licence or hold a licence.  Factors such as hours of operation and areas of designation, types of products sold, food availability, host responsibility, and affect or potential affect on neighbouring properties amenity and good order, will be taken into consideration for premises.  Factors such as experience of the applicant, training and knowledge of the Act and previous operation of licensed premises will be taken into consideration for a manager.

If the application requires public notification and there are objections you may be required to attend a hearing of the District Licensing Committee.  A District Licensing Committee hearing is a legal process similar to a court hearing, but with a chairperson and a panel of appointed members instead of a judge.

Fees

All fees associated with liquor licensing are listed in our fees and charges (PDF, 146KB)

Timeframes

The time it takes to process liquor licence applications is dependent on a number of factors these may include; information contained in reports from the Police,  Medical Officer of Health, Fire Service or Inspector; any objections from members of the public, and outstanding resource consent or building consent requirements.

Please note there are processing close-down days that apply to applications in process over the period 20 December to 15 January annually.

If you'd like further information please email customerservices@westernbay.govt.nz  or phone Customer Services on 571 8008.

Licence applications for events over the Christmas period

If you are wanting to apply for a special licence for an event over the Christmas- New Year period please note all special licences require 20 working days for processing.  Special licences for events over the holiday period cannot be processed after 22 November unless exceptional circumstances apply where the event could not have been predicted earlier, eg funerals.

The Sale and Supply of Alcohol Act 2012 has a close down period for processing of licence applications from 10 December to 15  January.  We regret applications received late may not be able to be issued for events over the Christmas period.

The sale of liquor to any member of the public requires a licence under the Sale and Supply of Alcohol Act 2012.

Page reviewed: 02 Jun 2017 1:57pm