The following sections of the Sale and Supply of Alcohol Act 2012 can be used when you want to object to a new licence application or renewal of a licence.
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Section of Sale and Supply of Alcohol Act |
Description |
Related sections |
Summary Disclaimer: These lay summaries are an informal attempt to help people to understand various parts of the Sale and Supply of Alcohol Act. Please use them with care. They should not be relied upon in any legal or formal context. Please refer to the source legislation and consider seeking legal advice for more information. |
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Objections to applications |
An objection to a new licence can be made by someone with a greater interest within 15 days of notification, in relation to matters outlined in section 105. If the licence is for a new licensee for an existing premises of same type with same conditions then the only grounds for objection are suitability of the applicant. |
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Objections to renewal |
An objection to a licence renewal can be made by someone with a greater interest within 15 days of notification in relation to matters outlined in section 131. |
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Objections to applications (special licences) |
An objection to a special licence can be made by someone with a greater interest (in a time period specified by the DLC). |
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Object of the Act |
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The object of the act is to ensure that sale and supply of alcohol should be undertaken safely and responsibly, and the harm caused by excessive or inappropriate consumption should be minimised. |
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Criteria for issue of licences |
In deciding whether to issue a licence, a committee or authority must consider a number of matters, including the object of the act, the suitability of the applicant, a local alcohol policy if any, days/hours of trading, design/layout of premises, the amenity and good order of the locality, the capacity (staff/systems/training) of the applicant to comply with the law, and matters raised by reporting agencies. |
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Criteria for renewal |
In deciding whether to renew a licence a committee or authority must consider matters as set out in section 105, if amenity and good order of the locality would be increased if the renewal was declined, matters raised by reporting agencies, and the manner in which the applicant has sold/displayed/advertised/promoted alcohol. |
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Criteria for issue of special licences |
In deciding whether to issue a special licence, a committee must consider a number of matters including the object of the Act, the nature of the event, provision of low alcohol/non-alcoholic refreshments and food, the suitability of the applicant, a local alcohol policy if any, amenity and good order of the locality, days/hours of trading, design/layout of premises, the capacity (staff/systems/training) of applicant to comply with the law, steps to ensure prohibited persons are not served alcohol, and matters raised by reporting agencies. |
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Considering effects of issue or renewal of licence on amenity and good order of locality |
When considering amenity and good order of a locality for a new licence, a committee or authority must take into account current and possible future levels of noise, nuisance, and vandalism, and the number of existing premises of the same kind in the area (or if there are too many), and the nearby land use. When considering amenity and good order of a locality for a licence renewal a committee or authority must take into account current and possible future levels of noise, nuisance, and vandalism. |
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Irresponsible promotion of alcohol |
It is an offence for a person (in conducting business) does anything to encourage people to consume alcohol to an excessive extent, to promote or advertise price discounts of more than 25% outside a premises, promotes/advertises free alcohol (except for tasting, promotions not seen/heard outside premises), to offer goods/services/prizes on with alcohol purchase, promote/advertise alcohol to minors. |
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Sale or supply of alcohol to people under purchase age on or from licensed premises |
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A person who sells/supplies alcohol to a person under the purchase age (18) commits an offence, and is liable for fines of up to $10,000 and/or suspension of licence for up to 7 days. Having been shown ID prior is a defence if the ID was valid and believable. It is not offence to supply alcohol to a person who then supplies it to a third person under the purchase age (18), unless it was known or there was reason to believe that the alcohol was intended for a person under the purchase age (18). |
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Exemptions in respect of licensed premises |
Section 239 does not apply to the supply of alcohol on licensed premises (except for restricted areas) if a person under the purchase age (18) is accompanied by their parent/guardian, or if the alcohol is supplied by their parent/guardian. |
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Supplying alcohol to minors |
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It is an offence to supply alcohol to a minor. The maximum fine is $2000. It is a defence if the supplier is the minors parent/guardian supplying alcohol in a responsible manner, believes the minor is not a minor, believes they have express consent of the parent or guardian and supplies alcohol in a responsible manner. In determining the above, the court may take into account the steps taken to supervise the drinking, whether food was also provided, if low alcohol/non-alcoholic beverages were available, nature of occasion, transport arrangements, the period of time over which alcohol was supplied, the strength and amount of alcohol, the age of the minor, and any other matter the court thinks relevant in particular situations. It is not offence to supply alcohol to a person who then supplies it to a third person who is a minor, unless it was known or there was reason to believe that the alcohol was intended for a person under the purchase age (18). |
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Employment of minors |
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It is an offence for a licensee to employ a minor in any capacity in any restricted area of a premises while that area is open for sale of alcohol. Does not apply for persons employed to prepare or serve meals, cleaning, repairs, maintenance, alterations, restocking, stocktaking, checking or removing cash, or removing or replacing equipment. |
Objections to applications
These sections of the Sale and Supply of Alcohol Act are relevant for making objections to various licences. We have tried to provide a plain English summary of the relevant sections in the table above. For clarity, please also click the link to read the text verbatim as it appears in the law itself.