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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Other matters - Transitional matters

409: Existing licences continue in force

You could also call this:

“Licences to sell alcohol that you already had are still valid under the new law.”

If you had a licence to sell alcohol before this law started, it still applies. You can keep using your licence as if it was given to you under this new law, but it will expire according to the rules of this new law. When your licence is due for renewal, you will have to apply under this new law.

When this law started, the hours you are allowed to trade may have changed. If you were already allowed to trade for the same or longer hours, you can keep those hours, which are stated by section 43. In other cases, you will have shorter trading hours.

There is a special rule for some off-licences that were endorsed under section 51 of the Sale of Liquor Act 1989. For these off-licences, the trading hours are the same as for on-licences, which are stated by section 43, if they were already allowed to trade for the same or longer hours. In other cases, they will have shorter trading hours.

This rule about off-licences overrides the previous rule about trading hours. You should also note that your licence is subject to section 406.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339974.

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"Sometimes you can get an alcohol licence for a short time even if you don't meet the new rules."

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Part 3 Licensing trusts, community trusts, and other matters
Other matters: Transitional matters

409Existing licences continue in force

  1. Every on-licence, off-licence, club licence, and special licence granted under the former licensing Act that was in force immediately before the commencement of this section, continues in force as if it is a licence of that kind issued under this Act; but—

  2. it expires in accordance with this Act, as if this Act had been in force when it was granted; and
    1. it can be renewed only by application made and considered under this Act.

      1. Despite subsection (1), the trading hours permitted for premises to which a licence continued by that subsection applies—

      2. are the default maximum national trading hours stated by section 43 for the relevant kind of licence, in any case where, immediately before the commencement of this section, the same or longer trading hours were permitted for those premises:
        1. in every other case, are the shorter trading hours permitted under that licence.

          1. The trading hours permitted for premises to which an off-licence endorsed to indicate that section 51 of the Sale of Liquor Act 1989 applies to it—

          2. are the default maximum national trading hours stated by section 43 for an on-licence, in any case where, immediately before the commencement of this section, the same or longer trading hours were permitted for those premises; and
            1. are the shorter trading hours permitted under the licence, in every other case.

              1. Subsection (2A) overrides subsection (2).

              2. Subsection (1) is subject to section 406.

              Notes
              • Section 409(2A): inserted, on , by section 6 of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).
              • Section 409(2B): inserted, on , by section 6 of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).