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Environmental Health - Liquor Licence Objections An applicant for a new liquor licence, the renewal of a licence or the variation of the conditions of an existing licence, must place two Public Notices in the Papakura Courier (unless the Licensing Agency otherwise allows). The second one should appear in the Papakura Courier the week following the first publication. All objections to an application must be received within 10 working days following the first publication of the Public Notice. Objections irrelevant to the liquor licence application Competition with other licensed premises - irrelevant Sale of Liquor Act - criteria for a licence and an objection Renewal of On, Off or Club licences Variation of On, Off or Club licences What happens when a valid objection is received
The application can be viewed by any person during normal working hours at the Papakura Council offices at 35 Coles Crescent, Papakura. Generally, only a person who can show that they have a greater interest in the application than the public. An objection must be based on relevant objection criteria. It is not possible to object to the actual use of the land or building. An objection may be disregarded if it is not related to the relevant liquor licensing objection criteria, or is made by a person who does not have the legal status to object or is otherwise invalid. Objections irrelevant to the liquor licence application An objection can only be based on the same criteria that the Licensing Authority has to consider before granting a liquor licence. Issues such as traffic, parking, the number of existing liquor premises, the location or suitability of the activity for the zone are not matters that can be controlled under the Sale of Liquor Act. They are matters controlled by the rules of the Council’s District Plan. Any applications for a new liquor licence are required to prove that the use of the land meets planning and building requirements before applying for a liquor licence. The planning and building certificates attached to the application is evidence that the building or land is suitable for the sale of liquor and is permitted in terms of the rules of the Council’s District Plan. Competition with other licensed premises - irrelevant The Act specifically states that the prejudicial effect that the grant of the licence may have on other licensed premises is not relevant and therefore not a valid reason to object. Sale of Liquor Act – criteria for a licence and an objection For each type of liquor licence, there are criteria on which an objection must be based. The Licensing Authority or Agency has to take account of the same criteria when considering an application or an objection to a licence. An outline of the objection criteria is included in this publication. Full details can be found in the Sale of Liquor Act 1989 and the Sale of Liquor Regulations 1990. Copies of the Act or Regulations can be purchased from authorised bookshops (e.g. Bennetts). Alternatively, the Act and Regulations can be viewed on line at www.legislation.govt.nz Further information on Objection criteria for the different type of licences is available below. Renewal of On, Off or Club licences Variation of On, Off or Club licences
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