Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing process: on-licences, off-licences, and club licences - Applications for licences

105: Criteria for issue of licences

You could also call this:

"What the law considers when deciding who can sell alcohol"

When you apply for a licence to sell alcohol, the people deciding whether to give you one must think about some things. They must think about what this Act is trying to achieve. They must also think about whether you are a suitable person to have a licence.

They will consider if there is a local alcohol policy that applies to you. They will look at what days and hours you plan to sell alcohol. They will also think about the design and layout of your premises.

They will check if you plan to sell things other than alcohol, like food or other goods, and if you plan to offer services like music or entertainment. They will think about whether giving you a licence would make the area a less nice place to be.

They will also consider if the area is already having problems because of other licences, and if giving you a licence would make things worse. They will check if you have good systems, staff, and training to follow the law. They will look at any reports from the Police, an inspector, or a Medical Officer of Health made under section 103.

When making their decision, they cannot think about how giving you a licence might affect other businesses that already have a licence.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339585.

Topics:

Money and consumer rights > GamblingGovernment and voting > Government departments

104: Who decides application for licence, or

"Who gets to decide if you can get a liquor licence?"

106: Considering effects of issue or renewal of licence on amenity and good order of locality, or

"How selling alcohol might affect the local area and community"

Part 2Sale and supply of alcohol generally
Licensing process: on-licences, off-licences, and club licences: Applications for licences

105Criteria for issue of licences

In deciding whether to issue a licence, the licensing authority or the licensing committee concerned must have regard to the following matters:
the object of this Act:
the suitability of the applicant:
any relevant local alcohol policy:
the days on which and the hours during which the applicant proposes to sell alcohol:
the design and layout of any proposed premises:
whether the applicant is engaged in, or proposes on the premises to engage in, the sale of goods other than alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which goods:
whether the applicant is engaged in, or proposes on the premises to engage in, the provision of services other than those directly related to the sale of alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which services:
whether (in its opinion) the amenity and good order of the locality would be likely to be reduced, to more than a minor extent, by the effects of the issue of the licence:
whether (in its opinion) the amenity and good order of the locality are already so badly affected by the effects of the issue of existing licences that—
1. they would be unlikely to be reduced further (or would be likely to be reduced further to only a minor extent) by the effects of the issue of the licence; but
2. it is nevertheless desirable not to issue any further licences:
whether the applicant has appropriate systems, staff, and training to comply with the law:
any matters dealt with in any report from the Police, an inspector, or a Medical Officer of Health made under section 103.

The authority or committee must not take into account any prejudicial effect that the issue of the licence may have on the business conducted pursuant to any other licence.