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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing process: special licences - Applications for special licences

147: Particular discretionary conditions and compulsory conditions: special licences

You could also call this:

"Rules for special alcohol licences: what you can and can't do when selling alcohol"

When you apply for a special licence, the licensing committee can add conditions to it. These conditions can include things like making sure you do not sell alcohol to people who are not allowed to buy it. You might also have to sell low-alcohol or non-alcoholic drinks, or provide food for people to eat.

The committee can also decide who you can sell alcohol to, and what kinds of alcohol you can sell. They might say you have to provide water for your customers, or help them find a way home. You could be required to keep certain records, like how much alcohol you sell.

The licensing committee must make sure that every special licence includes conditions about when and where you can sell alcohol. They also have to make sure you provide drinking water for your customers. When deciding on conditions, the committee can think about where your premises are located and how they might affect the surrounding area.

Some of these conditions are subject to the Human Rights Act 1993, which means the committee has to make sure they are fair. The committee can look at section 110 or section 116 to see what other kinds of conditions they can add. They can also do things described in section 119(3) when issuing a special 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=DLM3339628.

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Money and consumer rights > GamblingGovernment and voting > Government departments
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146: Conditions may be imposed if required by local alcohol policy, or

"Some alcohol licences can have extra rules added if the local area has specific alcohol rules."

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148: Different conditions may apply in certain cases, or

"Some rules might be different in certain areas or situations when selling alcohol."

Part 2Sale and supply of alcohol generally
Licensing process: special licences: Applications for special licences

147Particular discretionary conditions and compulsory conditions: special licences

  1. The licensing committee concerned may issue a special 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 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. conditions requiring the provision of food for consumption on the premises concerned:
          1. conditions requiring low-alcohol beverages to be available for sale and supply:
            1. conditions requiring non-alcoholic beverages to be available for sale and supply:
              1. conditions requiring assistance with or information about alternative forms of transport from the premises concerned to be available:
                1. conditions requiring the exclusion of the public from the premises concerned:
                  1. conditions—
                    1. requiring alcohol to be sold and supplied on the premises concerned only in containers of certain descriptions; or
                      1. requiring alcohol not to be sold and supplied on the premises concerned in containers of certain descriptions:
                      2. conditions requiring the filing of returns relating to alcohol sold pursuant to the licence:
                        1. any conditions of a kind subject to which any licence may be issued under section 110 or 116:
                          1. any reasonable conditions that, in the committee's opinion, are not inconsistent with this Act.

                            1. The licensing committee concerned may do one of the things described in section 119(3) when issuing a special licence for any premises.

                            2. The licensing committee concerned must ensure that every special licence it issues is issued subject to conditions—

                            3. stating the days on which and the hours during which alcohol may be sold or delivered; 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 the event (or any of the events) described in it is taking place.

                                1. In deciding the conditions under subsection (3)(a) subject to which a licence is to be issued, the 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.

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