Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing process: on-licences, off-licences, and club licences - Applications for licences

115: Application of single-area conditions can be delayed for some renewals

You could also call this:

"Some off-licence renewals can delay new rules for up to 18 months to give time to make changes."

When you renew an off-licence, a new single-area condition might be imposed. This condition can be different from the one that was already in place. You might need to change your premises to comply with the new condition.

The licensing authority or committee can delay the new condition for up to 18 months. They will decide how long the delay should be, based on how long it will take you to make the necessary changes. During this delay, other conditions can apply to your off-licence.

These other conditions will be in place until the new single-area condition starts. They are imposed under section 117 or section 132. If no delay is given, the new single-area condition will apply as soon as the renewal takes effect.

You will need to comply with the new condition once the delay is over. The licensing authority or committee will decide when this is. They will consider what is reasonably necessary for you to make the required changes.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925339.


Previous

114: Effect of single-area conditions, or

"Rules for selling alcohol in one area of a shop or venue"


Next

116: Particular discretionary conditions, and other compulsory conditions: off-licences, or

"Rules for selling alcohol from a shop or supermarket, like who you can sell to and when"

Part 2Sale and supply of alcohol generally
Licensing process: on-licences, off-licences, and club licences: Applications for licences

115Application of single-area conditions can be delayed for some renewals

  1. In this section, new single-area condition means a single-area condition—

  2. that is imposed on the renewal of an off-licence that is not subject to a single-area condition; or
    1. that—
      1. is imposed on the renewal of an off-licence that is subject to a single-area condition; but
        1. is (in the opinion of the licensing authority or licensing committee concerned) materially different from that condition.
        2. When imposing a new single-area condition, the licensing authority or licensing committee concerned may state a period (not exceeding 18 months) from the day on which the renewal concerned takes effect during which the condition will not apply.

        3. The period stated must be no longer than (in the opinion of the licensing authority or licensing committee concerned) is reasonably necessary to enable the licensee to configure the premises concerned so that the new single-area condition can be complied with.

        4. When stating a period under subsection (2), the licensing authority or licensing committee concerned may state any other conditions (being conditions the authority or committee thinks reasonable) to apply while the new single-area condition does not apply.

        5. Until the new single-area condition applies, the other conditions take effect as conditions imposed under section 117 or 132.

        6. If the licensing authority or licensing committee concerned does not state a period under subsection (2) on renewing an off-licence subject to a new single-area condition, the new condition applies as soon as the renewal takes effect.