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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing bodies - General provisions relating to licensing authority and licensing committees

202: Procedure

You could also call this:

"What happens when you apply for an alcohol licence: the steps the licensing authority takes to decide"

When you apply for a licence, the licensing authority or committee will look at your application. If no one objects to your application within the given time, the authority or committee can either decide on your application without a hearing or have a public hearing. You might have a public hearing to discuss your application.

If someone does object to your application, the authority or committee will usually have a public hearing, but not if you withdraw your application, the objection is not valid, or the person who objected does not want a hearing. The authority or committee must tell you, the objector, and some other people about the public hearing at least 10 working days before it happens.

The authority or committee can have the hearing over the phone, by video link, or using another way for people to join in remotely if they think it is a good idea and have the right equipment. If you want to join the hearing remotely, the authority or committee must consider your request if it is reasonable. You can look at s 106 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339693.

Topics:
Money and consumer rights > GamblingGovernment and voting > Government departments
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201: Licensing authority and licensing committees have powers of commissions of inquiry, or

"Licensing authorities and committees have strong powers to investigate and make decisions, like a Commission of Inquiry."

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203: Proceedings of licensing authority and licensing committees, or

"How licensing authorities and committees make decisions about alcohol licences in public and private meetings"

Part 2Sale and supply of alcohol generally
Licensing bodies: General provisions relating to licensing authority and licensing committees

202Procedure

  1. If no objection to an application is filed within the prescribed time, the licensing authority or licensing committee concerned may either grant the application on the papers or convene a public hearing to consider the application.

  2. With the leave of the chairperson of the licensing authority, a licensing committee may refer the matter to the licensing authority for decision.

  3. Where an objection is filed within the prescribed time, the licensing authority or licensing committee concerned must convene a public hearing to consider the application, unless—

  4. the application is withdrawn; or
    1. having considered the application, the authority or committee believes that the objection is vexatious or based on grounds outside the scope of this Act; or
      1. the objector does not require a public hearing.

        1. The licensing authority or licensing committee concerned must give at least 10 working days' notice of the public hearing to—

        2. the applicant; and
          1. each objector; and
            1. the constable, the inspector, and the Medical Officer of Health, to whom a copy of the application has been sent in accordance with this Act.

              1. The hearing of a matter or any part of it by the licensing authority or licensing committee concerned may be conducted by telephone, audiovisual link, or other remote access facility if the licensing authority or licensing committee considers it appropriate and the necessary facilities are available.

              2. The licensing authority or licensing committee concerned must consider any reasonable request made by a person to participate in the hearing of a matter or any part of it by telephone, audiovisual link, or other remote access facility.

              Compare
              Notes
              • Section 202(5): replaced, on , by section 15 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
              • Section 202(6): inserted, on , by section 15 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).