4b. Notes on Conditions template for off-licence (bottle store)

A. Days and hours

All off-licences, except s 40 endorsed ‘remote sales’ off-licences, allow for sales of alcohol on the premises for consumption elsewhere (s 17(1)) and also ‘on or from the premises’ for delivery elsewhere (s 18(1)). Section 40 endorsed ‘remote sales’ off-licences only permit the sale of alcohol ‘from’ the premises for delivery elsewhere ie, remote sales only.

Section 5 of the Act defines a ‘remote sale’ as:

…a sale pursuant to a contract that—

(a) has been entered into (using the Internet, by telephone or mail order, or in any other way) between—

(i) a seller who holds an off-licence; and

(ii) a person (whether the buyer or a person acting on the buyer’s behalf) who is at a distance from the premises where the seller entered into the contract; and

(b) contains a term providing for the alcohol to be delivered to the buyer (or to a person or place nominated by the buyer) by or on behalf of the seller

So, all off-licences include the possibility of remote sales. There are different days and hours restrictions,[1] and specific delivery-related requirements, for remote sales under the Act. Provision is made for this in the template conditions.

There is a separate set of template conditions for s 40 endorsed ‘remote sales only’ off-licences.

Designation

In most cases a designation of Supervised or Restricted will be warranted for stand-alone bottle stores but must be supported with evidence if not sought or agreed to by the applicant. In each case, if such a designation is contemplated, this must be put to the applicant – see Portage Licensing Trust v Tim Court (Auckland District Licensing Inspector) [2014] NZARLA PH 872

 

[1] For general off-licence sales, days and hours are limited to 7am to 11pm (s 43). Remote sales, by contrast, can be made at any time, but delivery is restricted to between 6am and 11pm.


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