Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing process: on-licences, off-licences, and club licences - Variation of conditions

120: Variation of conditions

You could also call this:

"Changing the rules on an alcohol licence"

If you have a licence to sell alcohol, you can ask to change or cancel any conditions on your licence. You must apply in the correct way and pay any required fee. You also need to tell people about your application, as set out in section 101.

You can object to someone's application to change their licence conditions. However, if you are a competitor, you can only object if the change will affect you in a way that is not related to competition. You cannot object if someone is helping you to object.

When you object, you must follow the rules set out in section 102(2) to (5). The people deciding on the application must think about any relevant matters, as specified in section 105. They must also consider whether the changed conditions are consistent with any local alcohol policy.

The rules for considering applications are set out in sections 103 and 104. These rules apply to applications to change licence conditions, with some modifications. The people deciding on the application must make a decision based on the information provided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339596.


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

120Variation of conditions

  1. The holder of a licence may at any time apply to the licensing committee to vary or cancel any condition of the licence (whether the condition was imposed by the licensing authority or the committee).

  2. The application must be made in the prescribed form and manner and be accompanied by any prescribed fee.

  3. The applicant must comply with the notification requirements in section 101.

  4. Any person may object to the grant of the application, whether as an individual or as a representative of a group or an organisation.

  5. However,—

  6. a trade competitor may object to the grant only if the trade competitor is directly affected by the grant in a way that does not relate to—
    1. trade competition; or
      1. the effects of trade competition; and
      2. a person may not object to the grant if the person receives, or is likely to receive, direct or indirect help from a trade competitor to object to the grant.
        1. Every objection must comply with the requirements set out in section 102(2) to (5).

        2. Sections 103 and 104, with any necessary modifications, apply to applications under this section.

        3. In considering the application, the licensing authority or licensing committee concerned must have regard to any relevant matter that is specified in section 105.

        4. In deciding whether or not, or to what extent, to vary any conditions imposed on a licence, the licensing authority or licensing committee concerned must have regard to any inconsistency between the conditions as proposed to be varied and any relevant local alcohol policy.

        Notes
        • Section 120(4): replaced, on , by section 11 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
        • Section 120(4A): inserted, on , by section 11 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).