How to object to an alcohol licence application
Objecting to an alcohol licence
Making an objection
If you wish to object to any application, you may do so by sending a written objection to the Ashburton District Licensing Committee, PO Box 94, Ashburton 7740.
The objection must be dated, signed by you, and include the following information:
- Your name, postal address and phone number/email address
- Details of the application in respect of which you are making the objection;
- Your objection, with reasons;
- Whether you wish to be heard in support of your objection.
Please note: If you make your objection by electronic means a signature is not required.
Recent changes to the Sale and Supply of Alcohol Act 2012.
1. Who can Object
Allows any person to object to licence applications, whether as an individual or a representative of a group or an organisation, with narrow exceptions for trade competitors and their surrogates.
You can object as an individual or as the representative of a group or organisation.
This change accommodates people currently excluded from participating in licensing hearings who may not live in the area but spend time there due to family connections, living rurally, or having a particular connection to the area.
Objections still need to be based on the licensing criteria set out in the Act.
2. Objection Period
The time to make your objection has been increased from 15 to 25 working days. This gives you more time to become aware of current applications and make an objection if you wish to do so.
You can find out about licence applications on your local council’s website. Notice of an application will also be posted in an easy to see place, like the entrance of the premises that the application is for.
Please note: Working days are weekdays, excluding public holidays, and excluding 20 December – 15 January. Also excluded are Mondays where a public holiday falls on a weekend and is Mondayised – e.g., Waitangi Day or ANZAC Day.
3. What are your objections?
Your objection still needs to be based on the criteria in the Act. Look to the following parts of the Act to see which grounds apply:
- sections 102 and 105 for applications for new licences
- section 120 for applications for variation of conditions
- sections 128 and 131 for applications for renewal, and
- sections 140 and 142 for applications for special licences.
4. Trade competitors and their surrogates
Trade competitors cannot object if their objection is about trade. A trade competitor is a person holding an alcohol licence, regardless of whether they actually sell alcohol or where they sell it.
Surrogate trade competitors also cannot object. A surrogate is a person receiving, or is likely to receive, direct or indirect help from a trade competitor to object to an alcohol licensing application.
DLCs (or ARLA) need to determine if the prospective objector is a trade competitor or surrogate as part of their preparatory processes.
These provisions ensure the licensing process remains focused on the object of the Act – to ensure the safe and responsible sale, supply, and consumption of alcohol; and to minimise alcohol related harm.
An acknowledgment of your objection will be sent by email/post at the close of the objection period. A copy of your objection will be sent to the applicant as part of the application process.