Pervinder Davies has some advice on how to choose the right location for your licensed premises...

Deciding to open your own licensed premises is the first step in an exciting journey, but one crucial factor demands careful consideration: its location.

A big part of establishing a licensed premises is assessing its potential impact on the locality’s “amenity and good order” – a concept that encompasses the overall pleasantness and orderliness of an area.

Spending time on this at the beginning of the process can help you to identify any potential issues with a site early on, and give you a good basis from which to start when it comes to applying for a liquor licence.

Define the locality
The term “locality” refers to the geographical area influenced by your business. It extends beyond the physical boundaries of your establishment to encompass the reach of its activities. This includes any impact your business might have on noise, visual aesthetics, and foot traffic in the area.

Anticipate impacts
It’s essential to consider the potential effects your establishment might have. Will it introduce noise disturbances or contribute to increased littering? Think about other similar businesses and consider what the realistic consequences of your business operations might be.

Proximity to sensitive sites
Are there “sensitive sites” such as schools and childcare centres in the vicinity? The proximity of these sorts of institutions equires heightened sensitivity when it comes to noise levels, pedestrian safety, and the overall environment. Any adverse effects from your business could impact the wellbeing of children and families within the community.

Existing conditions
Assess the current state of the locality, particularly in relation to nearby schools and childcare centres. Is there already a delicate balance in place that must be maintained? Understanding the unique needs of these institutions is crucial in mitigating any potential disruptions that could be caused by your business.

Regulatory compliance
Understanding and navigating the regulatory requirements for licensed businesses is paramount. Familiarise yourself with district plan zones, licensing regulations, and any restrictions pertaining to the proximity of an alcohol business to schools and childcare centres. Compliance demonstrates your commitment to operating responsibly within the community and safeguarding the welfare of vulnerable populations. If you’re unsure of any aspects, seek legal advice.

Decision-making process
When seeking approval for your alcohol licence, transparency and thoroughness are key. Present a comprehensive assessment of the potential impacts on the nearby locality, including schools and childcare centres, to demonstrate a conscientious approach to site selection. Engage with relevant stakeholders to address any concerns and collaborate on mitigating strategies.

Embrace responsibility
The choice of location for your new licensed premises is a significant one.
Aim for a spot that not only fosters business growth, but could also enhance the overall wellbeing of the locality. By selecting a location thoughtfully and responsibly, you contribute to the creation of a harmonious and vibrant community.

Seek legal guidance
Encountering obstacles during the liquor licence application process is not uncommon, especially concerning the locality and the premises’ proximity
to sensitive sites. In such instances, seeking legal advice can provide invaluable assistance in navigating regulatory complexities and addressing any concerns raised by authorities and community members.

Pervinder Davies is an Associate at Corcoran French Lawyers, specialising in alcohol licensing.
cflaw.co.nz