Alcohol licensing lawyer Pervinder Kaur answers the questions
she hears most often around liquor and the law...

Q: I want to purchase a bottle store. What experience do I need to have?
A: To own and operate a licensed premises, like a bottle store, you don’t need any particular qualifications. However, your experience in the alcohol industry and understanding of the Sale and Supply of Alcohol Act 2012 are important factors that a licensing committee will consider when assessing your suitability to hold a liquor licence.

Q: If I have an on-licensed business can I apply only for the hours that
I will open for trade? For example, Wednesday to Saturday with two hours for lunch and then six hours for dinner?
A: It’s possible to apply for specific hours to match your expected business demand. But keep in mind that there may be times when you want to operate for longer hours, such as during the summer season or around Christmas. If you opt for limited hours, you won’t be able to operate outside of those hours. Having longer licence hours can also be beneficial for the resale value of your business. It’s important to consider that not everyone would want to operate their bar or restaurant on restricted hours.

Q: How many duty managers do I need to apply for an alcohol licence?
A: For the purposes of the application you should have at least two duty managers. However, you should also be able to assure the district licensing committee that you will employ sufficient staff to manage the safe and responsible sale and supply of alcohol once the licence is granted.

Q: What’s the difference between a ‘temporary’ manager and an ‘acting’ manager?
A: If a holder of a Manager’s Certificate isn’t available, the Sale and Supply of Alcohol Act 2012 allows an uncertified person to be appointed as an acting or temporary manager. A temporary manager can be appointed where a manager is dismissed or resigns. The person must apply for a Manager’s Certificate within two working days. The person then continues as a temporary manager until the application for a Manager’s Certificate is determined.

An acting manager can be appointed to cover for short-term absences where the manager is sick, or on holiday. The acting manager may only be appointed for up to three weeks at any one time and up to six weeks in any 12-month period. They do not require any qualification and/ or a certificate to be an acting manager.

It’s important to note that an acting or temporary manager is still considered to have the responsibilities of a duty manager and can be prosecuted for breaches of the Act.

Q: Can I appoint someone as an acting manager to cover for a lunch break?
A: Yes, you can appoint anyone as an acting manager to provide cover while the duty manager takes a lunch break. You will need to update the sign displaying the duty manager’s name with the name of the person covering the lunch break as an acting manager.

Q: Do I need to notify district licensing committee and police of an acting manager appointment every time I appoint someone as an acting manager?
A: You don’t need to notify the appointment if it does not exceed 48 hours. The duty manager’s register, however, must be updated to show the appointment along with the reason for it.

Q: How often do I need to train my staff in alcohol sale and supply?
A: Staff should be trained at regular intervals – at least six-monthly to ensure they understand their responsibilities as sellers and suppliers of alcohol. Staff training attendance records should be maintained to show the agencies that you have trained your staff regularly, and to show the topics covered in any such training.

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