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Sale and Supply of Alcohol Act 2012

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

285: Suspension or cancellation of manager's certificates

You could also call this:

"What happens if a bar or restaurant manager isn't doing their job properly and might lose their licence"

If you are a manager of a licensed premises, a constable or inspector can apply to have your manager's certificate suspended or cancelled. You can have your certificate suspended or cancelled if you do not run the premises properly or if your behaviour shows you are not a suitable person to hold the certificate. The licensing authority will hold a public hearing to decide what to do.

The licensing authority can suspend your certificate for up to 6 months or cancel it if they are not happy with how you are managing the premises. They will send you a copy of the application and give you at least 10 working days' notice of the public hearing. Instead of suspending or cancelling your certificate, the licensing authority can give you time to fix any problems they have found.

You can find more information about this by looking at the s 135 section. The licensing authority will make a decision based on the information they have. They will consider what is best for the premises and the people who use it.

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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=DLM3339809.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyBusiness > Industry rules
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Part 2Sale and supply of alcohol generally
Other enforcement provisions: General enforcement provisions

285Suspension or cancellation of manager's certificates

  1. Any constable or any inspector may at any time apply in accordance with this section for an order by the licensing authority—

  2. suspending a manager's certificate; or
    1. cancelling a manager's certificate.

      1. Every application for an order under this section 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 under this section may be made are as follows:

            2. that the manager has failed to conduct any licensed premises in a proper manner:
              1. that the conduct of the manager is such as to show that he or she is not a suitable person to hold the certificate.

                1. The secretary of the licensing authority must—

                2. send a copy of the application to the manager and to the licensee of any licensed premises to which any allegations against the manager relate; 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 public hearing to the applicant and the manager.

                      1. If the licensing authority is satisfied that either 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. suspend the certificate for such period not exceeding 6 months as the licensing authority thinks fit; or
                        1. cancel the certificate.

                          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 manager an opportunity to remedy any matters that the licensing authority may require to be remedied within that period.

                          Compare
                          Notes
                          • Section 285(2)(a): replaced, on , by section 273 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).