District Licensing Committee
The Hurunui District Council licensing committee has been appointed to deal with licensing matters for our district.
At the council meeting on 26 September, Council confirmed the committee membership:
|Cr Marie Black
|Mayor Winton Dalley||Cr Dick Davison||Michael Malthus
At the council meeting on 29 May, Council approved list members from Waimakariri District Licensing Committee to the Hurunui District Licensing Committee List, to be used only if a quorum of three cannot be reached from elected members of the Hurunui District Council.
Waimakariri District Licensing Committee members are:
- Councillor Neville Atkinson
- Councillor Kirstyn Barnett
- Councillor Caroline Faass
- Mayor David Ayers
Roles and responsibilities of the committee
The Hurunui District Council licensing committee will decide applications for:
- new and renewed licences and managers’ certificates, regardless of whether these are contested
- temporary authorities and temporary licences
- variation of licences, and
- most enforcement action for special licences.
Deciding licence applications
The Hurunui District Council licensing committee is required to consider a range of criteria when deciding licence applications (see sections 105, 131 and 142 of the Act). Case law and guidance or practice directions issued by the Alcohol Regulatory and Licensing Authority (ARLA) will also influence the committee's decisions.
Will the committee have to consider every application?
The Hurunui District Council licensing committee is not able to delegate its decision-making role. However, if an application for a licence or manager’s certificate is uncontested, the chairperson alone is able to decide the application. Contested applications are applications opposed by licensing inspectors, Police or Medical Officers of Health, or objected to by members of the public. Only people with a greater interest than the public generally can object to licence applications.
If there are objections to an application a public hearing will be held unless the objection is deemed vexatious or the applicant does not require a hearing. A guide to the procedures to be used at hearings can be viewed here: District Licensing Committee Practice Notice
To view any public hearings scheduled for this month go to the DLC Hearing Schedule and check on District Licensing Committee for copies of agendas.
Issuing and publishing decisions
The Hurunui District Council licensing committee is required to issue reasoned decisions in writing and to send copies to the relevant parties.
Councils are required to take all reasonably practicable steps to ensure that decisions are publicly available. Decisions can be viewed here (unopposed and opposed)
The committee is able to refer applications to ARLA for decision if ARLA's chair agrees.
ARLA’s decisions (and those of its predecessor, the Liquor Licensing Authority (LLA)) are available online at www.nzlii.org
Any one party to proceedings before the Hurunui District Council licensing committee who is dissatisfied with the decision will be able to appeal to ARLA. In some situations, the Hurunui District Council licensing committee decision may be suspended pending the outcome of the appeal. If an application was first considered by the Hurunui District Council licensing committee, then the only appeal right is to ARLA. If ARLA was the first body to consider the application, its decision can be appealed to the High Court.