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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Other enforcement provisions - General enforcement provisions

280: Variation, suspension, or cancellation of licences other than special licences

You could also call this:

"What happens if someone wants to change, stop, or cancel your alcohol licence"

If you have a licence to sell alcohol, a police officer or inspector can ask for it to be changed, stopped for a while, or cancelled. They can do this if they think you are not following the rules or if you are not a suitable person to have a licence. The police officer or inspector must fill out a special form and give it to the licensing authority, who will then look at the application and decide what to do.

You will get a copy of the application and a chance to go to a public hearing to talk about it. The licensing authority will listen to what you and the police officer or inspector have to say, and then they will make a decision. They can change the conditions of your licence, stop you from selling alcohol for up to six months, or cancel your licence altogether. The licensing authority can also give you a chance to fix any problems before they make a decision.

The licensing authority will look at things like whether you are following the rules, whether you are a suitable person to have a licence, and whether your premises are being used in a way that is disturbing to nearby residents. They will make a decision based on what they find out, and they can make an order to change, suspend, or cancel your licence if they think it is necessary. The order can include new conditions, such as those related to matters specified in section 110(1), 116(1), or 117(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339804.

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281: Suspension or cancellation of licences by licensing authority in respect of certain offences, or

"Licence can be suspended or cancelled if you break alcohol rules"

Part 2Sale and supply of alcohol generally
Other enforcement provisions: General enforcement provisions

280Variation, suspension, or cancellation of licences other than special licences

  1. Any constable or any inspector may at any time apply to the licensing authority for an order—

  2. varying or revoking any condition of a licence, other than a special licence, imposed by the licensing authority or a licensing committee, or imposing any new condition (relating to any matters specified in section 110(1), 116(1), or 117(1)); or
    1. suspending the licence; or
      1. cancelling the licence.

        1. Every application for an order must—

        2. be in a form approved by the chief executive after consultation with the chairperson of the licensing authority and be made in the prescribed manner; and
          1. contain the prescribed particulars; and
            1. be made to the licensing authority.

              1. The grounds on which an application for an order may be made are as follows:

              2. that the licensed premises have been conducted in breach of any of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:
                1. that the conduct of the licensee is such as to show that he or she is not a suitable person to hold the licence:
                  1. that the licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public.

                    1. The secretary must—

                    2. send a copy of the application to the licensee; and
                      1. fix the earliest practicable date for a public hearing of the application; and
                        1. give at least 10 working days' notice of the date, time, and place of the hearing to the applicant and the licensee.

                          1. If the licensing authority is satisfied that any of the grounds specified in subsection (3) is established and that it is desirable to make an order under this section, it may, by order,—

                          2. vary or revoke any condition of the licence imposed by the licensing authority or a licensing committee: or
                            1. impose any new condition (relating to any matter specified in section 110(1), 116(1), or 117(1)); or
                              1. suspend the licence for such period not exceeding 6 months as the licensing authority thinks fit; or
                                1. cancel the licence.

                                  1. Instead of making an order under subsection (5), the licensing authority may adjourn the application for any period it thinks fit to give the licensee an opportunity to remedy any matters that the licensing authority may require to be remedied within that period.

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                                  Notes
                                  • Section 280(2)(a): replaced, on , by section 272 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).