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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

116: Particular discretionary conditions, and other compulsory conditions: off-licences

You could also call this:

“Rules for selling alcohol from a shop or supermarket, like who you can sell to and when”

When you apply for an off-licence, the licensing authority or committee can add conditions to it. They can say what steps you must take to ensure you do not sell alcohol to people you are not supposed to. They can also say who you can and cannot sell alcohol to. If the main business is not selling alcohol, they can decide what types of alcohol you can sell.

The licensing authority or committee must also add conditions that say when and what hours you can sell alcohol. They must say how much you have to pay for the licence. They have to make sure you provide drinking water for free to your customers when you are selling them alcohol. You can find more information about the rules in the Human Rights Act 1993.

When deciding what conditions to add, the licensing authority or committee can think about where your premises are and what is around them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339591.

Topics:
Money and consumer rights > Consumer protection Business > Industry rules Rights and equality > Anti-discrimination
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115: Application of single-area conditions can be delayed for some renewals, or

"Some off-licence renewals can delay new rules for up to 18 months to give time to make changes."

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117: Other discretionary conditions, or

"Extra rules licence holders must follow, decided by the people approving the licence"

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

116Particular discretionary conditions, and other compulsory conditions: off-licences

  1. The licensing authority or licensing committee concerned may issue an off-licence subject to conditions of any or all of the following kinds:

  2. conditions prescribing steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of alcohol to prohibited persons are observed:
    1. conditions prescribing the people or kinds of person to whom alcohol may be sold or supplied:
      1. in the case of premises where (in the opinion of the authority or committee) the principal business carried on is not the manufacture or sale of alcohol, conditions relating to the kind or kinds of alcohol that may be sold or delivered on or from the premises.

        1. The licensing authority or licensing committee concerned must ensure that every off-licence it issues is issued subject to conditions—

        2. stating the days on which and the hours during which alcohol may be sold or delivered; and
          1. if there are in force regulations under this Act empowering the authority or committee to determine for premises of different kinds different levels of licensing fee prescribed by the regulations, stating the fees payable for the licensing of the premises concerned; and
            1. stating (directly or by description) a place or places on the premises at which drinking water is to be freely available to customers, while alcohol is being supplied free or sold, as a sample, on the premises.

              1. In deciding the conditions under subsection (2)(a) subject to which a licence is to be issued, the licensing authority or licensing committee concerned may have regard to the site of the premises in relation to neighbouring land use.

              2. Subsection (1)(b) is subject to the Human Rights Act 1993.

              Notes
              • Section 116(2)(c): amended, on , by section 8 of the Sale and Supply of Alcohol (Winery Cellar Door Tasting) Amendment Act 2024 (2024 No 29).