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This is a guide to the process involved in applying for an Off Licence pursuant to the Sale of Liquor Act. Please note that the suggestions contained in this document are intended as a guide only.
Temporary Authority
If you purchase an existing business, which has a current Licence then you may be able to obtain a Temporary Authority which is valid for 3 months to continue to sell and supply liquor under the same terms and conditions as the current licence, however the District Licensing Agency does have the discretion to impose further reasonable conditions as it thinks fit. Before trading you are obliged to obtain a Temporary Authority and make an Off Licence application simultaneously or as soon as possible within this three month period.
Application forms are available from this site (click here) or from the Kaikoura District Licensing Agency (Kaikoura District Council) and should be lodged no later than twenty (20) working days before the required date.
If, however, you are seeking to obtain an Off Licence for a previously unlicensed premises then you will have to obtain an Off Licence before you can sell and supply liquor on the premises.
The Premises
It is suggested that before you enter into any binding agreement in relation to the purchase of any premises for which you are intending to obtain a Liquor Licence that you check that the proposed use of the premises complies with the Resource Management Act 1991 and meets or determine what is required to meet relevant standards of the Building Code, and Food Hygiene Regulations.
An appointment with a Planning Officer and a Building Inspector can be made on (03) 319 5026.
The Application
An application must be made on the standard form (attached) or obtained from the Kaikoura District Licensing Agency. Each application should include the following:
(a) Two copies of the application
(b) (Where the applicant is incorporated) A copy of the certificate of incorporation or other
documentary evidence of its incorporation
(c) (Where the applicant is a company) A copy of the memorandum of association, or other
documentary evidence or its authority to sell liquor or to hold a licence under the Act.
(d) (Where the applicant is a board, organisation, or body to which section 8(1)(bb) of the Act applies)
a reference to the Act under which the applicant is authorised to sell liquor or hold an Off-licence
under the Act)
(e) (Where the application relates to a hotel or tavern) A reference to the number of the On Licence
held by the applicant in respect of the hotel or tavern
(f) Where the applicant is manager acting for any person pursuant to a property order made under the
Protection and Property Rights Act 1988) A copy of the property order.
(g) (Where the application relates to premises in which the principal business is the manufacture or
sale of liquor) Particulars of the principal business conducted on the premises, and (where that
principal business is wine making) the number of the licence held.
(h) (Where the application relates to a supermarket) Particulars of the floor area of the supermarket,
including any separate departments set aside for such foodstuffs as fresh meat, fresh fruit and
vegetables, and delicatessen items
(i) (Where the application relates to a grocery store) Particulars of the floor area of the principal
business of the store, and certified accounts showing the percentage of turnover that is derived
from the sale of main order household foodstuffs.
(j) (Where the application is made in reliance on Section 36(2)(a) of the Act) Evidence to show that
the sale of liquor in premises of a kind described in paragraph (c) or paragraph (d) of Section 36
(1) of the Act would not be economic
(k) (Where the application is made in reliance on Section 36(2)(b) of the Act) Particulars of the kind of
goods sold in the premises which it is claimed the sale of liquor would be complementary
(l) (Where the application is made by the holder of an auctioneers licence) The number of the licence
held under the Auctioneers Act 1928
(m) (Where the application relates to the business of caterer) Evidence to show that the applicant is, or
will be, conducting the business of caterer, including the frequency and types of functions that are
or are proposed to be catered for
(n) A photograph of the exterior of the premises or an artist's impression of the exterior of the premises
as they will look when they are finished
(o) A map or copy showing the location of the premises
(p) A scale plan showing-
a. Those parts of the premises that are to be used for the sale or supply of liquor: and
b. Those parts of the premises (if any) that the applicant intends should be designated as restricted
or as supervised areas
c. (Except where the applicant is a club) Each entrance to the premises that the applicant intends
should be designated as a principal entrance.
(q) (Where the applicant is not the owner of the premises) A written statement from the owner to the
effect that the owner has no objection to the grant of the licence.
(r) A certificate by the local authority that the proposed use of the premises meets the requirements of
the Resource Management Act 1991 and of the New Zealand Building Code (fee payable)
(s) A menu or other indication of the standard and style of food to be provided or, proposed to be
provided
(t) Written Host Responsibility Policy Plan (guidelines attached)
(u) The prescribed fee.
Submit your application (click here for an application form) to the Kaikoura District Council, making sure you complete the application in full with all relevant matters listed above attached.
Within 20 working days after filing the application the applicant shall give public notice of the application on the prescribed form (Form 1) (attached). This is required to be run twice in the local newspaper with an interval of not less than five and not more than 10 days between each notification. Also, within 10 working days after filing the application, the applicant must ensure that a notice is attached in a conspicuous place on or adjacent to the site to which the application relates, unless the Secretary agrees that it is impractical or unreasonable to do so. This notice form 1A, be no smaller than A4.
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