Objecting to a Licence

Can I object to a licence?

Anyone can object to an application for a Licence, Licence renewal, variation of Licence conditions or Special Licence. However, a trade competitor may object to an application only if the trade competitor is directly affected by the application in a way that does not relate to

(i) trade competition; or
(ii) the effects of trade competition; and

A person may not object to an application if the person receives, or is likely to receive, direct or indirect help from a trade competitor to object to the application.

There is no cost for lodging an objection.

What are the grounds for an objection?

You can object to a liquor licence based only on any of the following criteria:

• The object of the Act.
• The suitability of the applicant.
• Any relevant local alcohol policy.
• The days and hours of sale.
• The design and layout of premises.
• The sale of goods other than alcohol and refreshments.
• The provision of other services not related to the sale of alcohol and refreshments.
• Whether amenity and good order of the area would be substantially reduced.
• The undesirability of further licences where amenity and good order have already been reduced.
• Whether the applicant has systems, staff and training to comply with the law
• Any matters reported by the Police, an inspector or the Medical Officer of Health.

The decision makers cannot take into account the impacts of the licence on a business conducted under any other licence or other matters not covered by the criteria.

How do I talk about my concerns?

In your objection you will need to link your concerns to the criteria. For example, you may be concerned that another licensed premises in your street would add to existing noise, vandalism and disturbance. You might want to talk about the current situation (eg, noise levels at night, rubbish etc.) and then your concerns about how this would be affected by a new licensed premises, or the renewal of the licence. If you have a concern about the suitability of the applicant you should have evidence that demonstrates the unsuitability of the applicant.

It is important that you are as specific as possible about the concerns you have. They must also relate to the licensed premises the application is for and its impact on your community, not just general concerns about alcohol use in New Zealand. Your objections will also be more effective if you can back them up with evidence. For example, you could note down the dates and times that there were noise disruptions or take photos of rubbish or damage that has been done associated with the licensed premises.

Who decides whether a licence will be granted?

The bodies that make decisions about licences are:

District Licensing Committees (DLC)

Applications are made to the local DLC, which will consider all licence applications. The DLC is administered by your local territorial authority and relevant information can be found on its website.

Alcohol Regulatory and Licensing Authority (ARLA)

ARLA is the national decision making body for licensing and deals with matters referred to it by a DLC, as well as appeals against DLC decisions.

How do I make an objection?

Please complete the Alcohol Licence Objection online form (if you don't have online access you are welcome to visit our area offices in Katikati, Te Puke, Waihi Beach or Omokoroa).

Your objection must be filed with the DLC within 25 working days after the first public notice about the application appears in the newspaper. The full postal address of the DLC will be included in the notification.

Your objection must be made in writing and include your full name, address and contact telephone number. You may object only in relation to matters that are able to be considered when granting a licence - the licence criteria. You should clearly set out the reasons for your objection and also state whether or not you wish to appear at any hearing. Your objection is likely to have greater effect if you attend the hearing personally and speak in support of your submission.

You can make an individual objection or participate in a written group submission, nominating one or two representatives to appear and present the objection at the hearing.

Once your objection is received, it becomes a public document and will be made available to the person applying for the licence and other people or organisations outside the DLC.

How is the licensing decision made?

The DLC will acknowledge receipt of your objection or you may be contacted by a licensing inspector to discuss it. A copy of your objection is sent to the applicant.

Copies of the application and any objections are also sent to the Police, Medical Officer of Health (located in the local district health board) and licensing inspector (who works for the territorial authority but acts independently to enforce the Act, monitor licences and advise the DLC and ARLA on applications). Licensing inspectors must provide a report to the DLC on each licence application. The Medical Officer of Health and the Police must inquire into each application and report to the DLC on them when they have matters in opposition.

The DLC will consider all licence applications whether contested or not. If there are no objections the application may be granted without a public hearing. If there are objections a public hearing with all parties must be held. If the objection is deemed vexatious or if the applicant does not require it, a hearing may not be held.

In considering any application for a licence, a DLC and ARLA, must consider the criteria.