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Sale and Supply of Alcohol Act 2012

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

414: Permanent club charters unaffected

You could also call this:

"Clubs with permanent charters can still sell alcohol without a new licence, as long as they follow the rules."

If you have a permanent club charter, it will still be valid even after the Sale and Supply of Alcohol Act 2012 starts. You can keep selling and supplying alcohol without needing a licence, as long as you follow the rules of your charter. This is because of a rule from the Sale of Liquor Act 1989.

Some parts of the Sale and Supply of Alcohol Act 2012 will still apply to you, like appointing managers and keeping records. You will also have to pay fees and follow other rules.

If you break any rules, you can still get in trouble, just like if you had a club licence. The rules about offences, like section 267, and sections 268 and 269, will apply to you too.

As long as your permanent club charter is valid, it means your club can keep existing. But if you want to, you can give up your charter and get a club licence instead, as long as the licensing authority agrees.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339980.

Topics:
Money and consumer rights > Gambling
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413: Interpretation of documents constituting certain existing bodies corporate, or

"Understanding old company rules about alcohol sales and licences"

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415: Matters not completed by District Licensing Agencies, or

"What happens when a District Licensing Agency hasn't finished a job"

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

414Permanent club charters unaffected

  1. A permanent club charter that (by virtue of section 238 of the Sale of Liquor Act 1989) was in force immediately before the commencement of this section continues in force despite the enactment of this Act; and its holder may continue to sell and supply alcohol in accordance with it without needing a licence.

  2. The provisions of this Act relating to the following matters apply to the holder of a permanent club charter and to the club premises as if the club were the holder of a club licence:

  3. the appointment of managers and the management of licensed premises:
    1. the keeping of records and the filing of returns:
      1. the payment of annual or other fees.

        1. Every provision of this Act creating an offence, section 267, and sections 268 and 269, apply to the holder of a permanent club charter and to the club premises as if—

        2. the club concerned were the holder of a club licence for the premises; and
          1. the premises were the premises for which the club licence were held.

            1. So long as a permanent club charter is in force, it authorises the existence of the club concerned.

            2. Notwithstanding subsections (1) to (4), the holder of a permanent club charter may, with the approval of the licensing authority, surrender the charter and obtain a club licence instead.