2.1.1 Legal requirements for Step 1: what the Act says
The district licensing committee (DLC) is only involved in Step 1 if it is required to consider either the late filing of a special licence application or a waiver.
Special licence applications must be submitted at least 20 working days before the day the event begins. Under (s 137) of the Sale and Supply of Alcohol Act 2012 (the Act), a DLC may consider an application for a licence filed less than 20 working days in advance if it is satisfied that the need for a special licence could not reasonably have been foreseen earlier. If the DLC decides to consider a late application then it must, after consulting the Police and the Medical Officer of Health, set a period of less than 15 working days from the time the application was received within which reports from the Police and Medical Officer of Health must be received. In practice, the secretary will consult with Police and the Medical Officer of Health on behalf of the chair and report to the chair with the responses received.
Under (s 208) the DLC or the chair may provide waivers on timelines or actions as prescribed in the Act. Where someone has neglected or omitted to do something in the precise manner or timeframe required in the Act, the committee or the chair, if satisfied that it was not wilful, may waive the neglect or omission on terms they think equitable. For example, an objection may have been received a day after the closing date. The committee or chair may grant a waiver to allow the objection to be considered if they determine that its lateness was not wilful.
The information contained in this online guide is intended as a general guide.
While reasonable measures have been taken to ensure that the information is current and accurate as at October 2019, the Health Promotion Agency cannot accept any liability for any inaccuracy, omission or deficiency in relation to the information. It is not legal advice and you should not rely on anything contained in this guide in any legal proceedings. The information provided does not replace or alter the laws of New Zealand, and you should consult the legislation and obtain your own legal and professional advice, as appropriate. The Health Promotion Agency will not accept liability for any action taken in reliance on anything contained in this online guide.