An off-licence applies to a premises where the licensee can sell alcohol for consumption elsewhere.
The licensee can also supply alcohol free, as a sample, for consumption on the premises while the premises is open for the sale of alcohol.
The licensee may sell alcohol on or from the licensed premises and deliver it elsewhere (sale for delivery), or arrange for their distributor, importer, manufacturer or wholesaler of alcohol to deliver from its own premises on the licensee's behalf. These deliveries will be treated as having come from the premises that the licence is issued for.
An off-licence can have an endorsement for:
An applicant for an off-licence who holds an auctioneer's licence under the Auctioneers Act 2013 can request an endorsement to sell alcohol by auction in the course of their business as an auctioneer. The applicant needs to request the licence be endorsed at the time of application.
The notification requirements (s.101), objections to applications (s.102) and enquiries into the application by the police and Medical Officer of Health (s.103) do not apply to the application when the applicant has sought this endorsement.
If the auctioneer's endorsement is granted, the licensee is not required to appoint a manager (s.212), or display signs (s.56) and licence details (s.57).
An applicant for an off-licence who only plans to sell alcohol from (not on) the premises for delivery elsewhere can request an endorsement for remote sales (s.40).
While remote sales can be made 24 hours a day, 365 days a year, the alcohol sold by remote sale cannot be delivered to the buyer (or any other person on the buyer's behalf) on Good Friday, Christmas Day, Easter Sunday (unless it meets limited criteria), between 12.01am and 1pm on ANZAC Day, and at any time after 11pm on any day and before 6am on the next day (ss.48, 49 and 59(1)).
If the remote sales endorsement is granted, the licensee is not subject to the usual obligations around the display signs (s.56) and licence details (s.57).
However, every remote seller of alcohol (regardless of how it is sold) must print the licence holder’s name, licence number and expiry date on every receipt issued for alcohol sold remotely.
For remote sales by catalogue, this information must be published in the catalogue, and for remote sales by internet, this information must be displayed in a prominent place visible when people browse, enter, or otherwise access the website, together with a legible image of the licence (or a clearly identified link to such an image).