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Object to an alcohol licence
When a business applies for an on-licence, off-licence, or club licence, new or renewed, they are required to publicly notify it.
Public notices for alcohol licence applications
Visit
alcoholnotices.co.nz to see public notices for alcohol licence applications or sign up for email notifications of public notices for alcohol licence applications.
Public notices are also posted in local newspapers or the Sunday Star-Times.
Objection period for alcohol licence applications
Once the public notice has been posted online, there is a 25-working-day period to object to the council.
Any person except a trade competitor may object to the issue or renewal of that licence.
Criteria for objecting to alcohol licence applications
The Sale and Supply of Alcohol Act 2012 (section 105) outlines the only grounds for objecting to the application for a new, or renewed, alcohol licence.
The object of the act is that:
- alcohol sales, supply and consumption should be undertaken safely and responsibly
- harm caused by the excessive or inappropriate consumption of alcohol should be minimised.
What you can object about
New alcohol licence applications - new owner takes over existing licensed premises
You can object about the suitability of the applicant.
This only includes situations where the new owner takes on the same conditions as the existing licence.
All other new alcohol licence applications
You can object about:
- the object of the Sale and Supply of Alcohol Act 2012
- suitability of the applicant
- relevant local alcohol policy
- days and hours when alcohol will be sold
- design and layout of premises
- other goods and services offered at the premises (excluding
kai and alcohol).
You can also object about whether:
- the applicant has the appropriate systems, staff, and training to comply with the law
- the amenity and good order of the locality would be reduced by the effects of the issue of the licence, to more than a minor extent
- the amenity and good order of the locality are already badly affected by existing licences that it is not desirable to issue any further licenses
- amenity and good order includes consideration of noise, nuisance, vandalism, nearby sensitive sites, such as schools, and the density of licensed premises in the area.
For renewal alcohol licence applications
You can object about:
- suitability of the applicant
- relevant local alcohol policy
- days and hours when alcohol will be sold
- design and layout of the premises
- other goods and services offered at the premises (excluding kai and alcohol).
- the manner in which the applicant has traded
- whether the amenity and good order of the locality would be increased by the effects of a refusal to renew the licence, by more than a minor extent - this includes consideration of noise, nuisance, vandalism.
You should know
Trade-related objections from other licensed businesses are not valid grounds for objection under the act.
If you are objecting to a new alcohol licence application for premises that are already licensed, and the new applicant is seeking the same terms and conditions as the existing licence, the only ground you can object under is the suitability of the applicant.
How to make an objection
To object to an alcohol licence application, you'll need to:
- notify us in writing that you wish to object and the reasons why (you must refer to the relevant criteria listed above)
- make sure to include your full name, address, email address and contact telephone number. You should be aware that a copy of your objection, including your name and street name, will be given to the applicant and made public through the hearings agenda.
You need to file your objection with us within 25 working days of the online public notice announcing an application has been made.
By post
Send your objection to:
Alcohol Licensing
Auckland Council
Private Bag 92300
Victoria Street West
Auckland 1142
If we receive a posted objection later than the allowable 25 working-day time frame, we may not be able to consider it.
What happens next
When we receive your objection, we will:
- send you an acknowledgement letter
- send a copy of the objection to the applicant
- submit your objection to the Auckland District Licensing Committee (DLC) for their consideration.
If the DLC believes the objection meets the criteria for objection, they will schedule a hearing and notify everyone involved.
You don't have to attend the hearing, but if you don't appear to answer questions on your objection, the DLC is limited in how much weight it can give to your objection.
See the
Health Promotion Agency's advice if you need assistance in preparing a written objection or preparing for a hearing.
The
Community Law Centres at central Auckland and south Auckland can assist in preparing objections and preparing for a hearing.
Related topics
Alcohol bans and licensing trusts | | https://www.aucklandcouncil.govt.nz/licences-regulations/alcohol-bans-policies | Alcohol bans and licensing trusts | Find out about areas of Auckland where alcohol is banned and alcohol licensing trusts in west Auckland. | | | | aspx | | | | | | | | | Alcohol | |
Alcohol Control Bylaw 2014 | | https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/bylaws/Pages/alcohol-control-bylaw.aspx | Alcohol Control Bylaw 2014 | This bylaw protects public safety by enabling alcohol bans in public places that experience high levels of alcohol-related crime or disorder. | | | | aspx | | | | | | | | | Bylaw | |
Local Alcohol Policy areas | | https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-policies/Pages/draft-local-alcohol-policy-areas.aspx | Local Alcohol Policy areas | The Local Alcohol Policy identifies areas in Auckland with high rates of alcohol-related harm. It is presently under appeal. | | | | aspx | | | | | | | | | | |
Complain about a business that sells alcohol | | https://www.aucklandcouncil.govt.nz/licences-regulations/business-licences/alcohol-licences-fines/Pages/complain-about-business-that-sells-alcohol.aspx | Complain about a business that sells alcohol | Find out how to make a complaint about an existing licensed business or the terms of a licence. | | | | aspx | | | | | | | | | Alcohol licensing | |
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Alcohol Harm Minimisation Strategy | | https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-plans-strategies/topic-based-plans-strategies/community-social-development-plans/Pages/alcohol-harm-reduction-strategy.aspx | Alcohol Harm Minimisation Strategy | Information about Auckland Council's Alcohol Harm Minimisation Strategy to ensure there is minimal risk of community harm from alcohol-related activities. | | | | aspx | | | | | | | | | Budgets, plans and strategies | |
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