Alcohol licence applications and hearings
Overview
If an alcohol licence application requires determination by the District Licensing Committee (DLC), a public hearing may be held under the Sale and Supply of Alcohol Act 2012.
A DLC hearing is a formal, independent process that is similar to a court hearing. The Committee usually consists of the Chairperson (or Deputy Chairperson) and two appointed Committee members.
The purpose of the hearing is to allow the Committee to consider all relevant information before making a decision on the application. Applicants, reporting agencies and eligible objectors are each given an opportunity to present their evidence and submissions.
Hearings are conducted fairly and impartially so that everyone involved has an equal opportunity to be heard.
Hearing Location:
District Licensing Committee hearings are usually held at:
Far North District Council Chambers
Memorial Avenue
Kaikohe
Where appropriate, hearings may also be held in another location across the district or conducted using audiovisual technology.
Public attendance
DLC hearings are generally open to the public, including members of the media.
In some circumstances, the Committee may exclude the public from part of a hearing where permitted by law, for example, to protect the privacy of an individual.
What happens at a hearing?
While every hearing is different, they generally follow the process outlined below.
Step 1: Welcome and Introductions
The Chairperson opens the hearing by:
- introducing the Committee members and those attending
- explaining the hearing process
- confirming that Committee members have no conflicts of interest and are able to consider the application fairly and impartially.
Step 2: The applicant presents their case
The applicant, or their representative, presents their application and may call witnesses to give evidence in support of it.
Anyone giving evidence will usually be required to swear an oath or make an affirmation before speaking.
Committee members and the reporting agencies may ask questions to clarify the evidence presented.
Step 3: Reporting agencies present their reports
The statutory reporting agencies may present their reports, evidence and submissions. These agencies are:
- Licensing Inspector
- New Zealand Police
- Medical Officer of Health
The Committee and the other parties may be given an opportunity to ask relevant questions, subject to the Chairperson's directions.
Step 4: Objector's present their views
Eligible objectors may present evidence in support of the reasons set out in their written objection.
Objectors cannot introduce new grounds of objection at the hearing.
Committee members and the other parties may ask relevant questions about the evidence presented.
Step 5: Applicant's right of reply
After all evidence has been heard, the applicant (or their representative) has the opportunity to respond to matters raised during the hearing and make final submissions.
Step 6: The Committee's decision
Once the hearing has concluded, the Committee retires to deliberate in private.
The Committee carefully considers all of the evidence and submissions before making its decision.
The decision is issued in writing to the applicant and all parties involved. The written decision will include the Committee's reasons and information about any rights of appeal.
Tips for attending a hearing
If you are attending a District Licensing Committee hearing, it is helpful to:
- arrive at least 15 minutes before the scheduled start time
- bring copies of any documents you intend to refer to
- focus on the matters that are relevant under the Sale and Supply of Alcohol Act 2012
- listen carefully and wait until invited to speak
- treat everyone attending the hearing with courtesy and respect.
If you have questions about the hearing process, please contact the DLC hearings administrator via email to DLC.Admin@fndc.govt.nz before the hearing date.