Objecting to an alcohol licence
Any person who has a 'greater interest' in the application for an alcohol licence than the public generally may object to the grant or renewal of that licence.
The Sale & Supply of Alcohol Act 2012
The object of section 4 of this Act is:
Status of objectors: what is a 'greater interest'?
A person with a 'greater interest' could be a resident living or a business operating in the same street as the proposed or existing premises applying for an alcohol licence.
A member of the public residing 10 kilometres away from a proposed or existing premises applying for an alcohol licence and who is concerned about the effects of alcohol on the community generally, may not meet the criteria for 'greater interest'.
The Kāpiti Coast District Licensing Committee (DLC) will not take into account any trade-related objections from other licensed businesses in relation to the issue of a licence.
The DLC may give less weight to objections from people who will not be directly affected by the proposed licensed premises.
Criteria for objection
The Sale & Supply of Alcohol Act 2012 (section 105) identifies the following as valid grounds for objecting to the application for a new, or renewed, alcohol licence:
- the object of the Act
- suitability of the applicant
- any relevant local alcohol policy
- days and hours when alcohol will be sold
- the design and layout of any proposed premises
- whether the applicant is engaged in, or proposes to engage in, on the premises the sale of goods other than alcohol, low-alcohol refreshments, non-alcoholic refreshments and food; and if so, which goods
- whether the applicant is engaged in, or proposes to engage in, on the premises the provision of services other than those directly related to the sale of alcohol, low-alcohol refreshments, non-alcoholic refreshments and food; and if so, which services
- whether the amenity and good order of the locality would likely be reduced, to more than a minor extent, by the effects of the issue of the licence
- whether the amenity and good order of the locality are already so badly affected by existing licences that it is not desirable to issue any further licences
- whether the applicant has appropriate systems, staff and training to comply with the law.
Making an objection
An objection to a new alcohol licence or renewal must be:
- filed with the Secretary of the DLC within 15 working days of the first public notice announcing an application has been made; and
- outlined in a letter stating you wish to object and your reasons why (you must refer to relevant criteria)
When the DLC receives an objection, the objector is sent an acknowledgement letter and a copy of the objection is sent to the applicant.
If the DLC believes the objection meets the criteria of section 105 of the Act, it will hold a public hearing with all parties. The DLC will write and notify all those involved of the hearing date and time.
However, if the DLC decides an objection does not meet the criteria of section 105 of the Act, it may make a decision based on information and reports provided in the application rather than hold a hearing.
Individual and group objections
When submitting an objection, individually-written applications are best.
If your objection is representing a group of people, be prepared to have a spokesperson for the group who will be willing to appear at any hearing.
Public Notices - what to look for:
Public Notice of Application for Licence
Section 101, Sale and Supply of Alcohol Act 2012
The days on which and the hours during which alcohol is/or is intended to be sold under the licence is:
<Days and hours>
The application may be inspected during ordinary office hours at the office of the Kapiti Coast District Licensing Committee at 175 Rimu Road, Paraparaumu.
Any person who is entitled to object and who wishes to object to the grant of the application may, not later than 15 working days after the date of the first publication of this notice, file a notice in writing of the objection with the Secretary of the District Licensing Committee, C/- Kapiti Coast District Council, Private Bag 60601, Paraparaumu 5254.
No objection to the issue/renewal of a licence may be made in relation to a matter other than a matter specified in Section 105/131 of the Sale and Supply of Alcohol Act 2012.
This is the first/only publication of this notice.
If you would like further information on preparing an objection or preparing for a hearing of the District Licensing Committee please follow this link to download guidance information from the Health Promotion Agency.