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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Other enforcement provisions - Cancellation of licences and manager's certificates for repeat offending or breaches

288: Holdings giving rise to cancellation of licence and manager's certificate

You could also call this:

“When You Break Alcohol Sales Rules, You Might Lose Your Licence”

If you have a licence to sell alcohol, you must follow the rules. The licensing authority can cancel your licence if you do something wrong. This can happen if you encourage people to drink too much alcohol.

You might do this by promoting discounts on alcohol in a way that makes people think it is very cheap. This is not allowed if it makes people think the price is 25% or more below the normal price. You also cannot promote free alcohol, except in certain situations.

You cannot offer goods or services if people have to buy alcohol to get them. You cannot run a competition that requires people to buy alcohol to enter. You cannot promote alcohol to people under the purchase age.

If you sell alcohol to someone under the purchase age, you can get in trouble. You can also get in trouble if you sell alcohol to someone who is already drunk. The licensing authority can cancel your licence if you break these rules, as explained in sections 289 and 290.

The licensing authority calls breaking these rules a “negative holding”. This means you did something wrong and might lose your licence. You must follow the rules to keep your licence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339812.

Topics:
Money and consumer rights > Consumer protection Money and consumer rights > Gambling Business > Industry rules
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287: Automatic suspension of licence for non-payment of annual fee, or

"Your alcohol licence is suspended if you don't pay the yearly fee on time."

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289: Cancellation of licence after 3 holdings within 3 years, or

"Losing your alcohol licence if you break the rules three times in three years"

Part 2 Sale and supply of alcohol generally
Other enforcement provisions: Cancellation of licences and manager's certificates for repeat offending or breaches

288Holdings giving rise to cancellation of licence and manager's certificate

  1. Sections 289 and 290 apply to a finding (a holding) of the licensing authority that a person who is a licensee or a manager of any licensed premises has, after the commencement of this section,—

  2. done anything that encouraged people, or was likely to encourage people, to consume alcohol to an excessive extent; or
    1. promoted or advertised discounts on alcohol in a way that lead people, or was likely to lead people, to believe that the price was 25% or more below the price at which the alcohol was ordinarily sold (otherwise than—
      1. on the premises; or
        1. in the catalogue or similar price-list of the holder of an off-licence endorsed under section 40); or
        2. held or had on the premises a promotion or advertisement of discounts on alcohol that—
          1. led people, or was likely to lead people, to believe that the price was 25% or more below the price at which the alcohol was ordinarily sold; and
            1. could be seen (or, in the case of an audible promotion or advertisement, heard) from outside the premises; or
            2. promoted or advertised alcohol that was free of charge (otherwise than—
              1. by promoting or advertising the complimentary sampling of alcohol for consumption on premises for which an off-licence was held; or
                1. by a promotion or advertisement within licensed premises that could not be seen (or in the case of an audible promotion or advertisement, heard) from outside the premises); or
                2. offered (otherwise than by means of an offer made only on licensed premises, and made only in relation to the buying of alcohol on those premises) any goods or services, or the opportunity to obtain any goods or services, or the opportunity to win a prize, on the condition that alcohol was bought; or
                  1. promoted a competition that required or enabled people to enter it by buying alcohol (otherwise than—
                    1. by offering (by means of an offer made only on licensed premises, and made only in relation to the buying of alcohol on those premises) any goods or services, or the opportunity to obtain any goods or services, or the opportunity to win a prize, on the condition that alcohol is bought; or
                      1. by simply stocking, displaying, and selling the alcohol concerned); or
                      2. promoted or advertised alcohol in a manner aimed at, or that had, or was likely to have, special appeal to, minors; or
                        1. sold or supplied any alcohol on or from the premises to a person who was under the purchase age; or
                          1. allowed any alcohol to be sold or supplied on or from the premises to a person who was under the purchase age; or
                            1. sold or supplied alcohol to a person at a time when the licensee was not authorised by the licence or this Act to sell or supply alcohol to the person; or
                              1. sold or supplied alcohol to an intoxicated person.

                                1. In sections 289 and 290, negative holding means a holding to which subsection (1) applies.