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Sale and Supply of Alcohol Act 2012

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

282: Hearing for suspension or cancellation under section 281

You could also call this:

"A hearing to decide if your alcohol licence should be suspended or cancelled if you've broken the rules"

If you have done something wrong with your alcohol licence, the Police will write a report about it under section 281(3)(a). This report will include a certificate that proves you committed the offence. You will then have a hearing with the licensing authority. They will look at what you have done and decide what to do next.

The licensing authority can make an order if they think you have not followed the rules of the Act or the conditions of your licence, or if you are not a suitable person to have a licence. They also need to think it is a good idea to make an order. The order can suspend your licence for up to 6 months or cancel it.

Instead of making an order, the licensing authority can give you some time to fix the problems they have found. They will adjourn the hearing and give you a chance to remedy the issues within a certain period.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339806.

Topics:
Money and consumer rights > Gambling
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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"

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283: Variation, suspension, or cancellation of special licences, or

"What happens if someone wants to change, stop, or take away your special alcohol licence"

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

282Hearing for suspension or cancellation under section 281

  1. A certificate of the conviction included in the report of the Police under section 281(3)(a) is conclusive evidence that the licensee or manager or person committed the offence referred to in the certificate.

  2. At the conclusion of the hearing, the licensing authority may make an order under subsection (3) if—

  3. it is satisfied of either or both of the following matters:
    1. that the licensed premises concerned have been conducted in breach of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:
      1. the licensee is not a suitable person to hold a licence; and
      2. it is also satisfied that it is desirable to make an order under that subsection.

        1. An order made under this subsection is an order to—

        2. suspend the licence for any period, not exceeding 6 months, as the licensing authority thinks fit; or
          1. cancel the licence.

            1. Instead of making an order under subsection (3), the licensing authority may adjourn the hearing 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 the period.

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