Plan for your special licence
It’s festival season and alcohol licensing lawyer Pervinder Kaur has some useful tips on what to know about applying for a special licence...
My fiancé and I went out on a date night recently. It was an amazing evening here in Ōtautahi Christchurch. The riverside eateries were buzzing with energy. Everybody looked so happy to be out and enjoying the warmer weather in this part of the world.
We Kiwis look forward to the summer season each year. Whether it is culture, sport, food and wine, or all of the above, there is something for everyone to enjoy. Summer is also the time when many festivals, functions, and other special events are underway. Whether the event is small or large-scale, if you plan to sell alcohol at an event or provide alcohol at no charge but where there is an entry fee, then you are required to have a special licence in place.
Examples of events that generally require special licences are sporting events, concerts, farmers’ markets and fairs, and any private gatherings where alcohol is being sold or supplied for a fee or donation.
What is a special licence?
A special licence allows the sale or supply of alcohol at certain events. The Sale and Supply of Alcohol Act 2012 (Act) has introduced two different types of special licence: the on-site special licence and the off-site special licence.
The on-site special licence allows the sale or supply of alcohol at the event, whereas the off-site special licence allows the sale or supply of alcohol that will be taken away and consumed at another place. The type of licence your event requires will depend on when (and where) guests are consuming alcohol.
Most councils require applications for a special licence to be filed at least 20 working days before the event. However, you should aim to apply even earlier to help ensure it is processed in time. If you wish to apply for several events on one application, these events must be linked in some way, such as a series of related meetings or a series of related match dates for a club’s sports season.
“It is vital for the success of the special licence application that it is carefully drafted and includes sufficient information.”
What is an ‘event’?
“Event” is defined in the Act as including “...an occasion and a gathering, and any series of events” (s 5). It is generally expected that an applicant for a special licence can articulate the nature and date of any event or series of events as part of the application process (Re New Zealand Police LLA 454/94). This is necessary so the relevant district licensing committee (DLC) can establish whether the application simply expands upon business as usual or is instead a bona fide separate event.
The law now explicitly prohibits a special licence from being issued in circumstances where it would be more appropriate to issue a full permanent licence or where it would be appropriate for a licensee to seek a variation to existing licence hours (s 41). It is recommended to seek expert legal advice if you’re unsure whether your event would meet the criteria required under the Act.
What hours apply to special licences?
A special licence can allow the sale or supply of alcohol at any time of day or night. However, the district licensing committee may set certain hours as a condition of the licence. Remember, unlike other on-licences, there is no additional drink-up time allowed outside the hours the special licence is granted for.
Who reports on applications?
Applications are referred to the Police, Licensing Inspector and Medical Officer of Health for consideration. They may require further details or want to meet you about your application. Any opposition must be founded on the Act’s criteria for the issue of special licences (ss 142 and 143) including: the object of the Act, the applicant’s suitability, its staff, systems and training, any relevant local alcohol policy, and the design and layout of the premises where the event will be held.
It is vital for the success of the application that it is carefully drafted and includes sufficient information for the DLC to enable it to grant the application. Don’t be afraid to seek expert advice. It will save you money and effort in the long run and you will have time to focus on the actual event.
Pervinder Kaur is an Associate at Corcoran French Lawyers, specialising in alcohol licensing.
cflaw.co.nz
