Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Offences and closure of premises - Matters of evidence

272: Matters of proof relating to status of premises

You could also call this:

"Proving if a place is allowed to sell alcohol or not"

If you are in court for doing something wrong related to alcohol on licensed premises, the prosecution does not have to prove the premises are licensed, unless you tell them in writing at least 3 working days before the hearing that you want to question this. You must serve this written notice on the prosecution for them to have to prove the premises are licensed. This rule applies to things you did or did not do on the premises.

If you are in court for selling alcohol or keeping it to sell on unlicensed premises, the prosecution also does not have to prove the premises are unlicensed, unless you give them written notice at least 3 working days before the hearing. You must tell the prosecution in writing that you want to question whether the premises are unlicensed. The prosecution will then have to prove the premises are unlicensed.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339793.


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"Police must follow special rules when searching for alcohol-related issues"


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273: Matters of proof relating to content of alcohol, or

"Proving how much alcohol is in a drink in court"

Part 2Sale and supply of alcohol generally
Offences and closure of premises: Matters of evidence

272Matters of proof relating to status of premises

  1. In any proceedings for an offence against any of the provisions of this Act in relation to anything done or omitted to be done on any licensed premises, it is not necessary for the prosecution to prove that the premises to which the charge relates are, or were at any material time, licensed premises, unless at least 3 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution.

  2. In any proceedings for an offence against any of the provisions of this Act in relation to the sale of any alcohol, or the keeping or displaying of any alcohol for sale, on any unlicensed premises, it is not necessary for the prosecution to prove that the premises are, or were at any material time, unlicensed, unless at least 3 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution.

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