Alcohol - have your say

What you can object to

Objections need to reflect one of the listed criteria detailed in section 105 or section 131 of the Sale and Supply of Alcohol Act 2012:

Criteria for a new on-licence, off-licence or club licence (section 105):

• The suitability of the applicant
• Any relevant local alcohol policy
• The days on which, and the hours during which, the applicant proposes to sell alcohol
• The design and layout of proposed premises
• Whether the applicant is engaged in, or proposes on the premises to engage in, 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 on the premises to engage in, 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 be likely to be reduced, to more than a minor extent, by the effects of the issue of the licence
• Whether (in its opinion) the amenity and good order of the locality are already so badly affected by the effects of the issue of existing licences that:
  • they would be unlikely to be reduced further (or would be likely to be reduced further to only a minor extent) by the effects of the issue of the licence; but
  • it is nevertheless desirable not to issue any further licences
• Whether the applicant has appropriate systems, staff, and training to comply with the law

For a renewal of on-licence, off-licence or club licence (section 131):

• The suitability of the applicant
• Any relevant local alcohol policy
• The days on which, and the hours during which, the applicant proposes to sell alcohol
• The design and layout of any proposed premises
• Whether the applicant is engaged in, or proposes on the premises to engage in, 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 on the premises to engage in, 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 applicant has appropriate systems, staff, and training to comply with the law
• Whether the amenity and good order of the locality would be likely to be increased, by more than a minor extent, by the effects of a refusal to renew the licence
• The manner in which the applicant has sold (or, as the case may be, sold and supplied), displayed, advertised, or promoted alcohol

When the alcohol licence application is considered, “amenity and good order of the locality” will take into account things like:

• Noise levels relating to the licensed premises
• Nuisance and vandalism (for example, willful damage, graffiti or crime)
• The quantity and types of licensed premises in an area already
• Community, educational or other facilities in the vicinity of the proposed licensed premises already

You can find more detailed information about objections in regards to the “who”, “what” and “how”, on the Health Promotion Agency website. They also include a useful guide to objections and hearings.

What to include in your objection

Your objection must include:

• The name and address of the licensed premises or proposed premises
• Valid grounds for objection (based on sections 105 or 131)
• Your name, address and contact details (phone number and email address).

A template objection letter can be found below:

• Objection letter template

Making a joint objection

Some residents or community groups may which to submit a joint objection. You may wish to circulate petitions to gain support against an alcohol application. Petitions must include:

• Valid grounds for objection
• The name and address of the spokesperson or contact person
• A legible name and address for each objector
• A signature of each objector

A template petition style objection can be found below:

• Petition-style objection letter template

What happens to your objection

Your objection will be assessed by the DLC to make sure you have an interest greater than the general public, and that your grounds for objection meet the relevant criteria.

We are required to forward a copy of all objections to the alcohol licence applicant. Applicants are entitled to know the basis of any objections, so they can consider whether to amend their proposed premises (application), continue with their application or prepare a response to the objection(s). Some applicants may invite objectors or members of the public to a meeting to discuss concerns raised.

An objected alcohol licence application will be considered at a public hearing. You will be advised of the hearing date, time and location. If your objection is in the form of a group petition, we will notify the spokesperson. It is not compulsory for objectors to attend or speak at the hearing, however, the DLC may get a better understanding of the objection if the objector/spokesperson attends the hearing to speak about their concerns.

Who will know about your objection

Objector contact details will not be published or advertised, however, the names of objectors and the grounds for the objection(s) may be included in the DLC decision, which is publicly available.

Where to send your objection

Objections can be filed in person, by post, fax or emailed:

• In person: 16 Cobham Court, Porirua 5022
• Postal address: Alcohol Licensing, Porirua City Council, PO Box 50218, Porirua 5240
• Email: [email protected]

If you are concerned about how a licensed premise is being managed, you can contact us by phone or email using the details below.

• Phone: +64 4 237 5089 (ask for alcohol licensing)
• Email: [email protected]

You will need to provide the following information:

• Your name
• Your contact details (phone number and email address)
• The best time for us to contact you
• Name of licensed premises
• Address of the premises
• Your concerns (please provide as many details as possible, including the date and time of any specific incidents)

You can also contact the police if you believe the situation is urgent or of a serious manner.

Every decision of the DLC must be publicly notified. These are uploaded the New Zealand Legal Information Institute (NZLII) monthly and decisions can be searched on New Zealand District Licensing Committee – Porirua.

If you were a party to proceedings and disagree with the DLC’s decision, you can appeal to the Alcohol Regulatory and Licensing Authority (ARLA). Appeals are dealt with by way of a rehearing. You must give notice of an appeal to ARLA within 10 working days of the date the decision was notified to you.

More information on appeals can be found on the Ministry of Justice Alcohol Regulatory webpage.

Decisions

• ALC19/0179
• ALC22/0186