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Sale and Supply of Alcohol Act 2012

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

283: Variation, suspension, or cancellation of special licences

You could also call this:

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

If you have a special licence to sell or supply alcohol, a constable or inspector can apply to change, suspend, or cancel it. They can do this if they think you have not followed the rules or have done something wrong. The application must be made in a special form and include certain details, and it must be sent to the committee that gave you the licence.

You can have your special licence changed, suspended, or cancelled if you have broken the rules of the Sale and Supply of Alcohol Act or any conditions of your licence. This can also happen if you have not acted in a suitable way as a licensee or if your premises are being used in a way that is disturbing to nearby residents or the public.

If someone applies to change, suspend, or cancel your special licence, you will get a copy of the application. A public hearing will be held, and you will be told when and where it will be at least 10 working days beforehand. You can find more information about this in section 147 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339807.

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282: Hearing for suspension or cancellation under section 281, or

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

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284: Hearing for variation, suspension, or cancellation of special licences under section 283, or

"A hearing to change or cancel a special alcohol licence"

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

283Variation, suspension, or cancellation of special licences

  1. A constable or any inspector may at any time apply to a licensing committee for an order—

  2. varying or revoking any condition of a special licence imposed by the committee, or imposing any new condition (relating to any matters specified in section 147); or
    1. suspending the licence; or
      1. cancelling the licence.

        1. Every application for an order must—

        2. be made in the prescribed form and manner; and
          1. contain the prescribed particulars; and
            1. be made to the licensing committee that issued the licence.

              1. The grounds on which an application for an order under this section 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.

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