7b. Notes on Conditions template for off-site special licence
A. Section 55 conditions
Conditions 3 to 5 reflect the requirements of s 55:
55 Requirements relating to special licences for consumption off-premises
The holder of a special licence designated as an off-site special licence must ensure that, while it is in force,—
(a) only the licensee’s alcohol is to be sold or supplied on the premises; and
(b) alcohol is not supplied free, as a sample, for consumption on the premises, at a time when the premises are not open for the sale of the licensee’s alcohol for consumption somewhere else; and
(c) alcohol is not sold for consumption on the premises at any time when the licensee does not also hold for the premises a special licence designated as an on-site special licence.
B. Requirement to display special licence
Section 57(3) provides the committee with the discretion, when issuing a special licence, to give directions about displaying it and its conditions. This is repeated in s 150(1). Usually, the committee does require this.
C. Manager/nominated person
Section 213(1) requires the holder of a special licence to appoint a manager. Section 214 requires that a manager appointed under s 213 be on duty at all times alcohol is being sold and supplied pursuant to a licence.
Section 213(2) allows for an exemption from the requirement to have a certificated manager on duty if the licensee nominates someone to take responsibility for managing the sale and supply of alcohol instead of a certificated manager. The applicant should request that the DLC grant the exemption and the decision should reflect whether the DLC has done so.
If the committee exempts a licensee from appointing a certificated manager, it may wish to impose a condition requiring a nominated person to be on duty and take responsibility for managing the sale and supply of alcohol. This would be a discretionary condition going beyond the requirements of the Act and the parties should be consulted first.
If the DLC grants an exemption from the requirement to have a certificated manager, the condition requiring display of the name of the certificated manager should be omitted or amended to refer to the nominated person, as appropriate.
D. Discretionary conditions
Special licence conditions will depend on the nature of the event. Section 147(1) of the Act lists the kinds of discretionary conditions that the committee may apply. A range of conditions that have featured on special licences in the past are provided as examples. Those that are commonly applied are listed first then those that have tended to be applied more rarely, for example for large-scale or high-risk events. The lists are non-exhaustive.
E. Alcohol Management Plan
For some major, ‘large-scale’ events, the applicant will have prepared an Alcohol Management Plan (AMP). The committee also has the power to require one under s 143 of the Act. In some cases, a request may be made to impose as a condition compliance with an AMP. If this can be done by consent, it may well be advisable provided the obligations on the applicant under the AMP are clear and measurable/enforceable.