Background information

Be on time.  Introduce yourself to Council staff when you arrive. 

There will be four areas for participants to sit. The regulatory agencies will sit on one side and the objectors opposite.  The applicant and their advisors sit opposite the committee chair and members.  The committee will enter the room last – it is customary for all parties to stand while the committee takes their seats.

Follow the direction of the DLC/ARLA chair and respect the authority of the Committee or Authority.  When speaking, speak clearly and confidently. If there is a microphone, ensure it is switched on when you speak (these sessions are usually recorded for transcription).

Submissions and cross examination

The hearing will start with the applicant making their case, providing statements and evidence to support their application and rebut concerns the reporting agencies or community objectors have identified.  Once the applicant has made their submissions, the District Licensing Committee Chair and members will have an opportunity to ask questions or cross examine the applicant.  Next the reporting agencies (Council Inspector, Police, Health) will have the opportunity to cross examine the applicant, followed by community objectors.  Next, the reporting agencies will be have the opportunity to make a submission, which the Committee, applicant, and community objectors will have the chance to cross examine.  Finally the community objectors have an opportunity to make their submissions. Once again all parties (the Committee, the reporting agencies, and the applicant) will have a chance to cross examine.  

After all the submissions have been made and all parties have had a chance to cross examine each others submissions, some closing submissions may be made - sometimes this is done in writing after the hearing to save time on the day.  The Committee Chair will usually let everyone know when a decision could be expected.

After the hearing – the decision

You will be advised of the decision and if you are not happy with this you have the right to appeal it. The information about how to do this and when should be included in the correspondence with the decision.

For more information on the Hearing Process, check out the Health Promotion Agency's document on licensing objections (page 24-28).

Attend the hearing

If you want your objection to count you will need to attend the hearing. If you need to, arrange time off work and/or care for your children.

If you can’t attend the hearing please tell the hearings advisor, and nominate someone (another objector perhaps) to represent your objection.

Consider asking witnesses to present

Try to meet with other objectors or at least discuss the upcoming hearing with them. Identify any gaps, inconsistencies and how these might be addressed.

Arrange any witnesses and/or support people you might need. Think about noise specialists, etc.

If you are appearing on behalf of a group make sure everyone knows about the hearing, and allocate them a role if appropriate.

Prepare a short summary of your key points and practice it. Summarise any further evidence that you have gathered since submitting your objection.

Prepare to be cross-examined

You might be cross-examined so put yourself in the shoes of the applicant and think about any possible questions that they may wish to ask or challenge you on. Prepare some possible responses to these.

You may also have the opportunity to cross examine the applicant. If the regulatory agencies (council inspectors, health, police) are opposing and presenting evidence, you may have the opportunity to cross examine them too.  Think about what questions you would like to ask them and write them down.

Know the closing date for objections

Know the date of the first public notice of the application - you have 15 working days to make your objection from this date - write the final date of the 15 working day deadline for objections into your calendar or diary (note - working days do not include public holidays but do include regional anniversary days).

Think about all of the evidence that you can use to support an objection – check your incident log. Remember - you do not have to collect all of the evidence in the 15-working day deadline for an objection. You can ask to present additional evidence at the hearing. But make sure you provide some detail as to why licence applications do not meet the criteria in the Act.

Get others involved in your objection

Talk to others in your community who may share your concerns or be affected by the issue of the licence. Meet to talk about the application. Remember, they don't have to write their own objection - you could do a community objection in the form of a petition, or share a template for other community members to use. See below.

Think about getting school principals, church ministers local businesses, and other community leaders involved. It doesn't just have to be residents. The Local Corps and church ministers of the Salvation Army can also assist in navigating the alcohol objection process.

Write your objection letter or petition

Feel free to use the templates below to create your own objection letter, for a new off-licence or an off-licence renewal.

Remember - you don't need to have all your information and evidence prepared within the 15 day deadline - you just need to outline your concerns in relation to the criteria in the Act. You can collect extra evidence to back up your objection before the hearing takes place.

Here are some tips:

If you plan on collecting signatures in the form of a community petition, feel free to use this template:

Sources of data on alcohol harm

Click on the button below to learn more about data sources on alcohol harm to support your objection.

USING DATA AND RESEARCH TO SUPPORT YOUR ACTION

Circulate the objection or petition template to others

Distribute the objection template to others in the community (those who live or work close to the premises).  Encourage others to complete the objection letter and send to your local Council.  

Or start to gather names, addresses and signatures on the community petition.

It is important that community objectors are able to attend a hearing of the District Licensing Committee in person.

It will be very useful to find out if the three reporting agencies (Council, Police and Health Authorities) plan to oppose the application.  If there is opposition from the reporting agencies, your objection has a much better chance of success.  If the reporting agencies know there is strong community opposition to the application, they may be more inclined to consider opposing the licence application.

Send your objection to the licensing team at your local council

Submit your objection to your local licensing team before the 15 working day deadline (note working days do not include public holidays but do include regional anniversary days). The public notification will include the address of where to send it to.

For assistance, contact the regulatory agencies in your area.

The applicant may ask to meet with the objectors to resolve issues

It is not uncommon for the applicant to seek to talk to the objectors to see if any perceived issues can be resolved. Remember that they have your contact details and the reasons for your objection.

It is up to you whether you meet the applicant. Do not feel coerced into doing so. Some communities have had successes with meeting applicants and issues have been resolved without a hearing taking place.

Preparing for the hearing

• If you want your objection to count you will need to attend the hearing.  If you can’t attend the hearing please tell the hearings advisor, and nominate someone (another objector perhaps) to represent your objection.
• Summarise any further evidence that you have gathered since submitting your objection.
• Meet with other objectors or at least discuss the upcoming hearing with them. Identify any gaps, inconsistencies and how these might be addressed.
• Prepare a short summary of your key points and practice your presentation before the hearing.

Find out about licence applications in your neighbourhood

Keep up to date with licence applications in your community. Some Councils have an online system whereby you can register to stay alerted – e.g. Auckland applications, whilst others may place current applications on their website, e.g. Dunedin, Hastings, Wellington. Also keep a look out on the windows of local shops and premises.

Gather your evidence

Think about all of the evidence that you can use to support potential objections in your community. Remember that you can only object in relation to the criteria in the Act. See our guide to the relevant sections of the Sale and Supply of Alcohol Act for objecting to a liquor licence application.

SECTIONS OF THE LAW RELEVANT TO OBJECTING TO A LIQUOR LICENCE APPLICATION

You may want to collect evidence whenever you have an opportunity – you don’t need to wait until an application for a new licence or renewal of an existing licence to collect evidence.  It is useful if you always document any alcohol-related incidents in your community.  Keep your eyes open and make use of the incident log below to build a portfolio of evidence of alcohol-related harm and negative effects on amenity and good order of your neighbourhood.

This list may help you consider amenity and good order effects, but you could think of other examples. 

EXAMPLES OF GOOD ORDER AND AMENITY EFFECTS

It is useful if you always document any alcohol-related incidents in your community. You can use this incident log to help you.

A special licence allows the sale or supply of alcohol to anyone attending an event, private function, street party, sporting event, etc. Special licences can be either ‘on-site’ for consumption on the premises, or ‘off-site’ for consumption elsewhere. Generally speaking, these licences relate to events where alcohol is sold (e.g. included in the ticket price, etc).

Applications for a special licence are also required to be publicly notified. This means placing a notice “in a conspicuous place on or adjacent to the site which the application relates”.

Applications for special licences must be submitted at least 20 working days prior to the event.

The licensing authority or licensing committee must consult with the Police and Medical Officer of Health before approving any special licence application. The Police and the licensing committee may require the applicants to put in place some preventative measures before granting the special licences, on a case-by-case approach.

The law does not specify the number of days the public has to object to special licences. Normally, regulatory agencies will set some conditions before granting the applicants a special licence. As well as determining their trading hours, the regulatory agencies may impose conditions such as the number of alcoholic drinks per purchase and/or what types of alcoholic beverages are allowed. In your objection letter, you may ask the DLC to impose conditions for the special event.

Requirements for special licences

All special licences must:

• have non-alcoholic drinks and low-alcoholic drinks (2.5% ethanol by volume) available for sale.
• Have a range of food available for sale at a reasonable price and provided within a reasonable time.
• provide information about alternative transportation options from the premises or event location.

Other conditions can be placed on a special licence by the District Licensing Committee.

Large-scale events may be subject to additional requirements, such as a management plan, sign off from council under the resource management act and the building code, and to liaise with Police

Special licence hours

The national maximum trading hours are 8am to 4am the following day for on-licences, but special licences can exceed these hours, or the hours that a premise is usually licenced for.  However, a special licence cannot be granted for hours exceeding those permitted for special licences in a relevant local alcohol policy.

Supply of alcohol to minors (under 18 years)

At an event or premises with a special licence, minors can only be supplied with alcohol if:

1. The minor is accompanied by his or her parent or guardian; and
2. the alcohol is supplied by his or her parent or guardian.

Minors are not permitted to buy alcohol. A guardian to a minor is a person who is considered as a guardian according to the Care of Children Act 2004. See the young people section for more information.

Entry of minors

Some events or premises with special licences will be designated as restricted areas, which means that young people may not enter. Others may be designated as supervised areas, which young people can enter if they are accompanied by a legal parent or guardian. See the young people section for more information.

Intoxication at events or premises with a special licence

It is illegal for a special licence to serve someone who is intoxicated or allow someone who is intoxicated to remain on the premises.

Someone is intoxicated when showing two or more of the following signs, after consuming alcohol, other drugs or substances. The Health Promotion Agency has created an easy way for people to remember – S C A B

• Speech is impaired
• Coordination is impaired
• Appearance is affected
• Behaviour is impaired

For more information, see the definition of intoxication in section 5 of the Sale and Supply of Alcohol Act 2012.

A club licence allows the sale or supply of alcohol for consumption on club premises ONLY to club members, their guests and/or members of other clubs with reciprocal visiting rights.

Club premises include sports clubs, RSAs, etc.

It is important to note that alcohol is not available for sale to the general public.

Requirements for a club licence (e.g. sports clubs, RSAs)

All club-licences must:

• have non-alcoholic drinks and low-alcoholic drinks (2.5% ethanol by volume) available for sale.
• have a range of food available for sale at a reasonable price and provided within a reasonable time.
• provide information about transportation options for their customers.

A club is not required to have a Duty Manager onsite for the sale of alcohol - unless this is specified by the licensing committee.

Other conditions can be placed on a club licence by the District Licensing Committee

Supply of alcohol to minors (under 18 years) at clubs

At club premises minors can only be supplied with alcohol if:

1. The minor is accompanied by his or her parent or guardian; and
2. the alcohol is supplied by his or her parent or guardian.

However, minors are not allowed to buy alcohol. A guardian to a minor is a person who is considered as a guardian according to the Care of Children Act 2004.

Intoxication in clubs

It is illegal for clubs to serve someone who is intoxicated or allow someone who is intoxicated to remain on the club premises.

Someone is intoxicated when showing two or more of the following signs, after consuming alcohol, other drugs or substances. The Health Promotion Agency has created an easy way for people to remember – S C A B

• Speech is impaired
• Coordination is impaired
• Appearance is affected
• Behaviour is impaired

For more information, see the definition of intoxication in section 5 of the Sale and Supply of Alcohol Act 2012.

Off-licensed premises include bottle stores, supermarkets and grocery stores. There are other less-common off-licences including auctioneers, mail order, wine growers and bottle stores located within taverns.

An off-licence allows the premises to sell and supply alcohol for consumption off the premises.

It is known that, in New Zealand, approximately 75% of all alcohol is sold from off-licences (43% from bottle stores, 32% from supermarkets).[i]  An off-licence also allows wholesalers to deliver alcohol directly to the customer from their own premises.

Off-licences for remote sellers are for those who use the internet, telephone, mail or other means to sell and deliver alcohol remotely to a customer who is not at the off-licence premises. Delivery must not occur between 11pm and 6am or at any time on Good Friday or Christmas Day, or before 1pm on Anzac Day. Delivery must not occur on Easter Sunday (some exceptions, e.g. cellar door sales). 

Requirements for off-licences

Intoxication: Similar to on-licences, it is illegal for off-licence premises to serve someone who is intoxicated.

Trading hours: If your Local Council has not developed their own Local Alcohol Policy then the maximum hours permitted for an off-licence are 7am to 11pm.

Promotions: It is against the law if an off-licence:

• Promotes or advertises discounts on alcohol of 25% or more below the usual price (other than at the licenced premises, or in a catalogue or similar price list at an off-licence);
• Promotes or advertises discounts on alcohol of 25% or more that can be seen from the outside of the premises;
• Promote or advertise free alcohol except for promotions inside the premises that cannot be viewed from outside and do not encourage excessive consumption;
• Offer any goods or services or the opportunity to win a prize when purchasing alcohol;
• Promote or advertise alcohol in a way that is aimed at or likely to have special appeal to young people aged under 18.

For more information, please visit the promotion section of this website.

The Health Promotion Agency has also provided guidance on irresponsible promotion of alcohol for licensed premises:

For the full text of the requirement of irresponsible promotion of alcohol, see section 237 of the Sale and Supply of Alcohol Act.

Single areas in supermarkets and grocery stores

NZ law requires that the alcohol sold in supermarkets and grocery stores is displayed in a single area. This is to limit the exposure of shoppers from any alcohol display, promotion and advertisement. The law is that  (click here for section 112 to 114):

• There is a designated single area for alcohol products;
• There should be no display, promotion or advertisement for alcohol outside the designated single area
• The designated area should not be placed at the route where shoppers most frequently pass through, i.e.,
  • any entrance to the main body of the stores, or
  • the main body of the stores any check out point

However, the law states that single alcohol areas only have to limit the exposure of alcohol so far as reasonably practicable.

Decisions on what constitutes a ‘single area’ are made by the District Licensing Committee. As each retail outlet will look different, decisions are mostly made on a case by case basis. 

On-licensed premises include pubs, taverns, hotels, restaurants, cafés and bars, entertainment venues, and conveyances such as trains, planes, and ferries etc. An on-licence allows the sale and supply of alcohol for consumption on the premises.

There are also on-licences whereby customers can bring their own (BYO) alcohol to consume on the premises. However, the alcohol content of the beverage should not be more than 14.33% (i.e. you cannot bring a bottle of vodka (37.5% alcohol) to a BYO restaurant). BYO premises can also sell and supply other alcohol for consumption in the restaurant by any person who is there to dine. There are also on-licences for caterers.

Requirements for on-licences

All on-licences must:

• have non-alcoholic drinks and low-alcoholic drinks (2.5% ethanol by volume) available for sale.
• have a range of food available for sale at a reasonable price and provided within a reasonable time.
• provide information about transportation options for their customers.

Other conditions can be placed on an on-licence by the District Licensing Committee. Read the section of the law here.

On-licence hours

If your Local Council has not yet adopted a Local Alcohol Policy, then the default maximum national hours permitted for trading are 8am to 4am.

Entry of minors

Some licensed premises are designated as restricted areas, which means that young people are not allowed to enter. Others may be designated as supervised areas, which young people can enter if they are accompanied by a legal parent or guardian. See the young people section for more information.

Supply of alcohol to minors (under 18 years) (e.g. bars, restaurants)

At on-licensed premises that minors are permitted to enter, minors can only be supplied with alcohol if:

1. The minor is accompanied by his or her parent or guardian; and
2. the alcohol is supplied by his or her parent or guardian.

Minors are not permitted to buy alcohol. A guardian to a minor is a person who is considered as a guardian according to the Care of Children Act 2004. See the young people section for more information.

Intoxication in on-licence premises

It is illegal for on-licences to serve someone who is intoxicated. It is also against the law to allow someone who is intoxicated to remain on the premises.

Someone is intoxicated when showing two or more of the following signs, after consuming alcohol, other drugs or substances. The Health Promotion Agency has created an easy way for people to remember – S C A B

• Speech is impaired
• Coordination is impaired
• Appearance is affected
• Behaviour is impaired

For more information, see the definition of intoxication in section 5 of the Sale and Supply of Alcohol Act 2012.

On-licence promotions

It is against the law for on-licences to do anything that encourages people, or is likely to encourage people, to consume alcohol to an excessive extent.

It is also against the law for on-licences to:

• Promote or advertise discounts on alcohol of 25% or more that can be seen or heard from the outside of the premises;
  
  • This section does not include promotions at/in the licensed premises
  • This section does not include promotions in a catalogue or similar price list of an on-licence
• Promote or advertise free alcohol except for promotion inside the premises that cannot be viewed from outside and do not encourage excessive consumption;
• Offer any goods or services or the opportunity to win a prize when purchasing alcohol;
• Promote or advertise alcohol in a way that aimed at or is likely to have special appeal to young people aged under 18.

For more information go to the promotion section of this website, or check out the tools below.

References - Risky Drinking (including pregnancy)

1. Department of Health of the Government of the United Kingdom. Alcohol Guidelines Review – Report from the Guidelines Development Group to the UK Chief Medical Officers. London: Department of Health; 2016. Retrieved from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/545739/GDG_report-Jan2016.pdf  [Accessed 9 November 2017].
2. Holmes J, Angus C, Buykx P, Ally A, Stone T, Meier P, et al. Mortality and Morbidity Risks from Alcohol Consumption in the UK:analyses using the Sheffield Alcohol Policy Model (v. 2.7) to inform the UK Chief Medical Officers’ review of the UK lower risk drinking guidelines. Sheffield: ScHARR, University of Sheffield; 2016. Retrieved from https://www.sheffield.ac.uk/polopoly_fs/1.538671!/file/Drinking_Guidelines_Final_Report_Published.pdf [Accessed 9 November 2017].
3. Brennan A, Meng Y, Holmes J, Hill-McManus D, Meier PS. Potential benefits of minimum unit pricing for alcohol versus a ban on below cost selling in England 2014: modelling study. BMJ 2014; 349:g5452.
4. Connor J, Kydd R, Maclennan B, Shield K, Rehm J. 2017. Alcohol-attributable cancer deaths under 80 years of age in New Zealand.Drug Alcohol Rev 2017; 36(3):415-423.
5. Connor J, Kydd R, Shield K, Rehm J. The burden of disease and injury attributable to alcohol in New Zealanders under 80 years of age: marked disparities by ethnicity and sex. The New Zealand Medical Journal 2015; 128(1409):15-28.
6. National Health and Medical Research Council of the Australian Government. Australian Guidelines to Reduce Health Risks from Drinking Alcohol. Canberra: National Health and Medical Research Council; 2009. Retrieved from https://www.nhmrc.gov.au/guidelines-publications/ds10 [Accessed 9 November 2017].
7. Ministry of Health, Annual Update of Key Results 2015/16: New Zealand Health Survey. Wellington: Ministry of Health; 2016. Retrieved from http://www.health.govt.nz/system/files/documents/publications/annual-update-key-results-2015-16-nzhs-dec16-v2.pdf[Accessed 5 July 2017].
8. Mohan D, Tiwari G, Khayesi M, Nafukho F-M. Road Traffic Injury Prevention: Training Manual. Geneva: World Health Organiszation. 2006. Retrieved from http://apps.who.int/iris/bitstream/10665/43271/1/9241546751_eng.pdf [Accessed 9 November 2017].
9. Tulloh BR, Collopy BT. Positive correlation between blood alcohol level and ISS in road trauma. Injury 1994; 25(8):539-543.
10. Ministry of Transport. Alcohol and Drugs. Wellington: Ministry of Transport; 2016.
11. Sharpe M. Big decrease in number of motorist convicted for drink driving. Stuff 6 October 2015. Retrieved from http://www.stuff.co.nz/national/72349460/big-decrease-in-number-of-motorists-convicted-for-drink-driving [Accessed 9 November 2017].
12. Edwards J. Regulatory Impact Analysis - Reducing Road Trauma and the Cost of Reoffending: Mandatory Alcohol Interlocks. 2016.
13. Nochajski TH, Stasiewicz PR. Relapse to driving under the influence (DUI): A review. Clin Psychol Rev 2006;26(2):179-195.
14. Haimona Te Aoterangi & 167 others (1874). Petition Presented to the House of Representatives Retrieved from https://atojs.natlib.govt.nz/cgi-bin/atojs?a=d&d=AJHR1874-I.2.2.6.1 [Accessed 9 November 2017].
15. Fitzpatrick JP, Latimer J, Olson HC, Carter M, Oscar J, Lucas BR, Doney R, Salter C, Try J, Hawkes G, Fitzpatrick E. Prevalence and profile of Neurodevelopment and Fetal Alcohol Spectrum Disorder (FASD) amongst Australian Aboriginal children living in remote communities. Research in Developmental Disabilities. 201;65:114-26.
16. May PA, Baete A, Russo J, Elliott AJ, Blankenship J, Kalberg WO, Buckley D, Brooks M, Hasken J, Abdul-Rahman O, Adam MP. Prevalence and characteristics of fetal alcohol spectrum disorders. Pediatrics. 2014;134(5):855-66.
17. Streissguth AP, Bookstein FL, Barr HM, Sampson PD, O'malley K, Young JK. Risk factors for adverse life outcomes in fetal alcohol syndrome and fetal alcohol effects. Journal of Developmental & Behavioral Pediatrics. 2004; 25(4):228-38.  
18. Cook JL, Green CR, Lilley CM, Anderson SM, Baldwin ME, Chudley AE, Conry JL, LeBlanc N, Loock CA, Lutke J, Mallon BF. Fetal alcohol spectrum disorder: a guideline for diagnosis across the lifespan. Canadian Medical Association Journal. 2016; 188(3):191-7.
19. FASD Working Group. Taking Action on Fetal Alcohol Spectrum Disorder: 2016–2019: An Action Plan. Wellington: Ministry of Health. 2016. Retrieved from http://www.health.govt.nz/publication/taking-action-fetal-alcohol-spectrum-disorder-2016-2019-action-plan [Accessed 9 November 2017].

Drink driving continues to kill or injure many of our loved ones. You can take action on this serious issue by having a strong stance against drink driving and by addressing some of the wider factors in our country which give rise to this problem.