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Sale of Liquor Amendment Bill
 

Licence criteria and conditions

Responsive regulation: As the result of a Health Research Council funded project to investigate the application of recent theories and research on regulation to the sale of liquor, APHRU recommends some additional changes to the sections on. These would allow the terms of the licence to be a little more flexible, responding to particular situations, and yet fully enforceable. This is done by:

1. Permitting (an) additional, non-standard condition, where appropriate, which is specific to the particular premises. This could be

  • the licensee’s own written ‘host responsibility’ policy for the premises
  • to formalise an agreement negotiated between the licensee and the neighbours
  • proposed in the course of a LLA hearing in response to opposition to the licence.

2. Permitting ‘neighbouring land use’ to be considered as a general condition of the licence and its terms, not only in setting hours of trading.

These changes would resolve the ‘gap’ between planning and licensing identified by the Liquor Licensing Authority in its 1996 and 1997 annual reports. They would enable the LLA to respond to the reasonable concerns of local communities in relation to the particular site of a proposed premises (whereas planning decisions relate to whole zones) and allowing it in many cases to make some practical solution a part of the terms of the licence.

(Interestingly, the Bill’s sections on dispensation conditions appear to allow additional conditions, but dispensations are strongly opposed.)

RECOMMENDED AMENDMENTS

(Changed wording in bold type)

13. Criteria for on-licences---*

(1) In granting or refusing an application for an on-licence, the Licensing Authority shall have regard to the following matters:

The suitability of the applicant:

The days on which and the hours during which the applicant proposes to sell liquor:

The areas of the premises or conveyance, if any, that the applicant proposes should be designated as restricted areas or supervised areas:

The Host Responsibility policy proposed by the applicant in relation to :

(i) the requirements of this Act in relation to the sale of liquor to prohibited persons,

(ii) other matters related to the responsible management of the premises.

The applicant's proposals relating to the sale and supply of non-alcoholic refreshments and food:

Whether the applicant is engaged, or proposes to engage, in---

The sale or supply of any other goods besides liquor and food; or

The provision of any services other than those directly related to the sale or supply of liquor and food,-and, if so, the nature of those goods or services:

Any matters raised in any report made under section 11 of this Act.

Any matter raised under section 10 or section 106 of this Act.

The site of the premises in relation to neighbouring land use.

(2) The Licensing Authority shall not take into account any prejudicial effect that the grant of the licence may have on the business conducted pursuant to any other licence.

(3) In considering any application or renewal, the Licensing Authority may have regard to any policy adopted by the Local Authority in regard to licensed premises.

Conditions of on-licences---*

It shall be a condition of every on-licence that the licensee has available for consumption on the premises or conveyance a reasonable range of non-alcoholic refreshments.

(2) It is a condition of every on-licence granted in respect of a hotel or tavern that no liquor is to be sold or supplied to any person (other than a person to whom section 7 (1) (a) or (b) applies) on--- ``(a) A Sunday after 3 a.m.; or ``(b) Good Friday; or ``(c) Christmas Day.''

(3) Nothing in subsection (2) of this section shall affect the sale or supply of liquor pursuant to and in accordance with any special licence granted in respect of the hotel or tavern.

(4) On granting an application for an on-licence in respect of a hotel or a tavern, the Licensing Authority shall designate each bar on the premises as a restricted area or a supervised area.

(5) On granting an application for an on-licence, the Licensing Authority may impose conditions relating to the following matters:

(a) The days on which and the hours during which liquor may be sold:

(b) The provision of food for consumption on the premises or conveyance:

(c) The designation of the whole or any part or parts of the premises or conveyance as a restricted area or a supervised area:

The steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed,

Other policies of the licensee for the responsible management of the premises.

The site of the premises in relation to neighbouring land use.

Any matter arising from a report or public objection.

Different conditions may be imposed under subsection (5) (a) of this section in respect of different parts of the premises or conveyance, or in respect of the different classes of persons described in section 7 of this Act.

(7) In determining the conditions of the on-licence in respect of any premises, the Licensing Authority may have regard to any policy adopted by the Local Authority in regard to licensed premises

(8) The steps and policies of the licensee submitted under (5)(d) and (e) above as approved by the Licensing Authority shall be attached as a condition of the licence.

* Similar changes would be included in relation to off-licences, club licences and special licences as appropriate.

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