Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing generally, requirements on licensees, and conditions - Restrictions on issue of off-licences

32: Kinds of premises for which off-licences may be issued

You could also call this:

"What kinds of places can get a licence to sell takeaway alcohol?"

You can get an off-licence for certain types of premises. These include hotels or taverns that already have an on-licence, or retail shops where most of the sales come from alcohol that people take away to drink somewhere else. You can also get an off-licence for premises that make alcohol, or for supermarkets or grocery stores that meet certain conditions.

You might get an off-licence for other types of premises too, like a winery cellar door. The licensing authority or committee decides whether you can get an off-licence, based on what they think your business will be like. They consider things like how much money you will make from selling alcohol to take away, or what kind of business you will be running.

There are some rules that can override the normal rules for getting an off-licence, like what is said in section 36 or section 350(b)(i). These rules can affect whether you can get an off-licence for certain premises. The licensing authority or committee will consider these rules when they decide whether to give you an off-licence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339502.


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Part 2Sale and supply of alcohol generally
Licensing generally, requirements on licensees, and conditions: Restrictions on issue of off-licences

32Kinds of premises for which off-licences may be issued

  1. An off-licence may be issued only—

  2. to the holder of an on-licence issued for a hotel or tavern, for the premises (or part of the premises) for which the on-licence is held; or
    1. for retail premises where (in the opinion of the licensing authority or licensing committee concerned) at least 85% of the annual sales revenue is expected to be earned from the sale of alcohol for consumption somewhere else; or
      1. if—
        1. the premises for which it is to be issued are not retail premises; and
          1. at least 85% of the annual income of the person to whom it is to be issued is (in the opinion of the licensing authority or licensing committee concerned) expected to be earned from the remote sale of alcohol; or
          2. for premises where (in the opinion of the licensing authority or licensing committee concerned) the principal business carried on is the manufacture of alcohol; or
            1. for premises that (in the opinion of the licensing authority or licensing committee concerned) are a supermarket with a floor area of at least 1 000 m2 (including any separate departments set aside for such foodstuffs as fresh meat, fresh fruit and vegetables, and delicatessen items); or
              1. for premises that (in the opinion of the licensing authority or licensing committee concerned) are a grocery store; or
                1. for premises that (in the opinion of the licensing authority or licensing committee concerned) are a winery cellar door.
                  1. Premises for which (by virtue of section 350(b)(i)) an off-licence must not be issued except to a licensing trust can still be premises for which (by virtue of subsection (1)) an off-licence may be issued.

                  2. Section 36 overrides subsection (1).

                  Compare
                  Notes
                  • Section 32(1)(g): inserted, on , by section 6 of the Sale and Supply of Alcohol (Winery Cellar Door Tasting) Amendment Act 2024 (2024 No 29).