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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

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

You could also call this:

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

If you have a manager's certificate, it can be cancelled if the court or licensing authority makes a decision against you, which is called a negative holding. This can happen if you have had two other negative holdings in the last three years. The licensing authority will cancel your certificate if these conditions are met. Your certificate will be cancelled right away.

If the licensing authority decides to cancel your certificate, you cannot appeal this decision to the High Court. This means you cannot ask the High Court to change the licensing authority's decision. The cancellation of your certificate will still happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339815.

Topics:
Money and consumer rights > GamblingBusiness > Industry rules
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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"

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291: Procedure for applications for cancellation of licence, or

"How to apply to cancel an alcohol licence"

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

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

  1. The licensing authority must make an order cancelling a manager's certificate if—

  2. the court or the licensing authority makes a negative holding in relation to the manager concerned; and
    1. 2 other negative holdings have been made in relation to the manager concerned 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.

      1. A cancellation under this section takes effect immediately.

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