How to make an objection to a liquor license application

Objections must be filed within ten working days after the first date of publication of the public notice for the application for a liquor license.

Introduction

The following provides a basic overview of what objectors need to know prior to filing objections against liquor licences. This information will assist potential objectors in filing various objections and having the objection heard by the Liquor Licensing Authority.

The role of the District Licensing Agency (DLA)

Hamilton City Council (DLA) administers all licensed premises within its boundaries. The Sale of Liquor Act 1989 gives Council the power to act as the District Licensing Agency. The District Licensing Agency (DLA) operates out of Council Offices.

The DLA accepts and processes all liquor licence applications. Where there are objections to applications for new, or renewals of, On, Off and Club Licences, and Manager's Certificates these are forwarded to the Liquor Licensing Authority (at the Ministry of Justice) in Wellington for determination.

Within 20 working days after filing the application, the applicant is required to give public notice of the application in a form set out in the Sale of Liquor Regulations. The notice must be published twice in the Waikato Times or as nominated by the Secretary of the DLA. There must not be less than five days and not more than ten days between the two dates of publication. Objections must be filed within ten working days after the first date of publication of the notices.

Where objections are raised by the above organisations or by the public the DLA sends all documents and any public objections to the Liquor Licensing Authority. The Authority will then decide whether or not the matter will be determined at a public hearing or on the papers.

A person with a greater interest could be likened to a resident living in the same street as the proposed premises.

Who may object?

Any person who has a greater interest in the application than the public generally may object to the granting of a liquor licence.

Who has the greater interest?

A person with a greater interest could be likened to a resident living in the same street as the proposed premises. A member of the public residing ten kilometres away and who is concerned about the effects of alcohol on the community could be considered as not having a greater interest in the application. The Liquor Licensing Authority may give less weight to objections from persons who will not be directly affected by the proposed licensed premises.

Public notices: What to look for

Public notices for license applications in Hamilton are advertised in the Waikato Times. All such public notices are titled “Sale of Liquor Act 1989”. The Sale of Liquor Regulations prescribes a form to be used for public notices. Here is an example:

Sample Public Notice for the application of a liquor license.

PUBLIC NOTICE
SALE OF LIQUOR ACT 1989
SECTION 31 (3)

Boogies Bar and Grill Limited of 20 Simpson Street, Hamilton has made application to the District Licensing Agency at Hamilton for the grant of an On license in respect to the premises situated at 20 Simpson Street, Hamilton and trading as Boogies Bar and Grill. The general nature of the business conducted under the license is a Tavern. The days on which and the hours during which liquor will be sold under the license are Monday to Sunday 10.00am to 1.00am the following day.

The application may be inspected during ordinary office hours at the office of the Hamilton District Licensing Agency at Hamilton City Council, Garden Place, Hamilton. Any person who is entitled to object and wishes to object to the grant of the application may, no later than 10 working days after the first publication of this notice, file a notice in writing of the objection with the Secretary of the District Licensing Agency, Hamilton City Council, Private Bag 3010, Hamilton 3240.

This is the first publication of this notice.
 

Grounds for objection

The grounds for objection are set out in the Sale of Liquor Act. They are:

For On and Off Licences

• Suitability of the applicant
• Days and hours liquor will be sold
• Designation of the whole or part of proposed premises as a restricted or supervised area
• Steps taken to ensure prohibited persons are not served
• Supply of food and non-alcoholic refreshments (does not apply to Off licences)
• Whether the applicant intends the sale or supply of any other goods besides liquor and food, or any services other than those directly related to the sale or supply of liquor and food.

For Club Licences

• Suitability of the applicant
• Days and hours liquor will be sold
• Days and hours club premises will be used for club activities
• Designation of the whole or part of proposed premises as a restricted or supervised area
• Proportion of club membership who are prohibited persons
• Steps taken to ensure prohibited persons are not served
• Supply of food and non-alcoholic refreshments.

You must address the grounds set out above and the objection must be filed with the DLA within 10 working days of the first public notice appearing in the newspaper.

Making an objection

To make an objection simply write a letter stating you wish to object and why. You must address the grounds set out above and the objection must be filed with the DLA within 10 working days of the first public notice appearing in the newspaper. Send your objection to:

The Secretary
Hamilton District Licensing Agency
Hamilton City Council
Private Bag 3010
Hamilton 3240

Upon receipt of an objection, the DLA will send an acknowledgment letter. The complete application will then be sent to the Liquor Licensing Authority which will check the validity of the objection. A time will be set for a hearing and objectors will be asked whether they wish to speak at the hearing.

Objection formats

Some residents circulate petitions to inform other neighbours of an application and to gain support opposing a new licensed premise. These petitions are then filed with the DLA.

Liquor Licensing Authority

The Liquor Licensing Authority is a Tribunal administered by the Ministry of Justice and is based in Wellington. A District Court Judge and two appointed members make up the Authority. On the day of the hearing all parties wishing to be heard, including objectors, must complete a registration form and hand it to the Registrar before the hearing commences. The Authority Chair will explain the order of proceedings for the day's hearing. In most cases the applicant will speak first, giving evidence and calling witnesses in support of the application. Objectors then have a chance to speak to their objections. The Police and DLA Inspector will follow, either presenting evidence or making submissions. The Authority will give all parties a chance to ask witnesses questions. All witnesses are sworn in before giving evidence. This is done either with or without the Bible, at the choice of each witness.

Council has the power to authorise a person to appear in sittings before the Liquor Licensing Authority or District Licensing Agency. Section 108 of the Sale of Liquor Act specifically provides for appearances by authorised local authority representatives.

The Liquor Licensing Authority is less formal than a District Court but normal Court procedures are observed.
 

Contact

 
 
 
 
 
 
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Liquor Licensing - CitySafe
Ground Floor, Council Offices
Garden Place
Hamilton City Council
Private Bag 3010
Hamilton 3240
Phone: 838 6699
Fax: 838 6458

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