Amenity and good order

Is the amenity and good order of the locality likely to be reduced, by more than a minor extent, by the effects of the issue of the licence?

  • This means the extent to which the locality in which the premises concerned is situated, is pleasant and agreeable. This is a subjective view and guidance will be derived from case law.
  • Regard must be had to current and possible future levels of noise, nuisance and vandalism; the number of existing premises that hold on-licences in the locality; and the extent to which the purposes for which land near the premises concerned is used are compatible with the purposes for which those premises will be used if the licence is issued.

Is the amenity and good order of the locality already so badly affected by the effects of the current licences in the area that:

  • the issue of this licence would be unlikely to reduce the amenity and good order of the locality further (or would be likely to reduce it further to only a minor extent); but it is nevertheless desirable not to issue any further licences?

This is also subjective and requires an assessment of the effect (if any) of the premises already located in the area.

For a renewal, the question is whether the amenity and good order of the locality is likely to be increased, by more than a minor extent, by the effects of a refusal to renew the licence

Hints and tips

Refer to R S DHILLON LIMITED [2013] NZARLA PH 920

Refer to Re Venus NZ Ltd [2015] NZHC 1377, [2015] NZAR 1315

Who does this?

Licensing Inspector. Medical Officer of Health. Police