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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

289: Cancellation of licence after 3 holdings within 3 years

You could also call this:

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

If you have a licence to sell alcohol, a constable or inspector might ask for your licence to be cancelled. This can happen if someone has applied to say you did something wrong, and you have already had two similar findings against you in the past three years. These findings must all be about the same premises where you sell alcohol.

You can lose your licence if the licensing authority decides you did something wrong, and you have had two other similar findings against you in the past three years. All these findings must be about the same premises.

If your licence is cancelled, it will stop being valid on a date chosen by the licensing authority, which will be within three months of the third finding. You cannot appeal to the High Court if the licensing authority decides to cancel 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=DLM3339814.

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

"When You Break Alcohol Sales Rules, You Might Lose Your Licence"

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290: Cancellation of manager's certificate after 3 holdings within 3 years, or

"Losing your alcohol manager's certificate if you get in trouble three times in three years"

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

289Cancellation of licence after 3 holdings within 3 years

  1. A constable or an inspector (as the case may be) must make an application for an order by the licensing authority cancelling the licensee's licence if—

  2. an application has been made for a finding that, if proven, will result in a negative holding; and
    1. 2 negative holdings have been made in relation to the licensee in respect of incidents occurring during the period of 3 years ending immediately before the day on which the incident giving rise to the application referred to in paragraph (a) occurred; and
      1. the application and the 2 previous holdings all relate to the same premises.

        1. The licensing authority may cancel the licensee's licence if—

        2. the licensing authority makes a negative holding that is the subject of the application referred to in subsection (1)(a) in relation to the licensee; and
          1. 2 other negative holdings have been made in relation to the licensee in respect of incidents occurring during the period of 3 years ending immediately before the day on which the incident giving rise to the negative holding referred to in paragraph (a) occurred; and
            1. all the negative holdings relate to the same premises.

              1. A cancellation of a licence takes effect on the date specified in the order, which date must not be more than 3 months after the date of the third holding.

              2. A decision by the licensing authority to cancel a licence under this section may not be appealed against to the High Court.