APPLICATION FOR ON-LICENCE OR RENEWAL OF ON-LICENCE

Transcription

1 STATUTORY FORM 3 APPLICATION FOR ON-LICENCE OR RENEWAL OF ON-LICENCE Sections 100 and 127(2) Sale and Supply of Alcohol Act 2012 INFORMATION ON COMPLETING THIS FORM Adobe Acrobat V11 is required to fill this form online Download for free If you are taking over an existing licensed premises, you will need to apply for a Temporary Authority. This will allow you to continue selling alcohol while your permanent licence is being processed. You will need to lodge this at least two weeks before you take over the premises. Before submitting a new on-licence application you will need to apply for a Certificate of Use from the Environmental Consents Division of Hutt City Council (HCC). An issued Certificate of Use must accompany your liquor licence application. You will need to make an appointment with a Licensing Inspector (phone ) to submit any application. Applications are made with the District Licensing Committee (DLC) in the area where your premises is located. YOUR APPLICATION MUST INCLUDE THE FOLLOWING DOCUMENTS (IN TRIPLICATE) An issued Certificate of Use if you are applying for a new licence or variation (from the Environmental Consents Division of HCC) Application form (see following pages) The prescribed fee Details of proposals for food and non-alcoholic refreshments (menu) A copy of the premises Host Responsibility Policy (see following pages) A copy of an Alcohol Management Plan (see following pages) An example page from your Duty Manager Register and Incident Logbook A Noise Management Plan (for full on-licences only) A letter of authorisation for the consultant, if you are using an alcohol licensing agent A scale plan which indicates the parts of the premises to be used for the sale of alcohol (including any outdoor areas) designated restricted/supervised areas, and principal entrances THE FOLLOWING DOCUMENTS ARE REQUIRED FOR NEW LICENCES ONLY (NOT REQUIRED FOR RENEWALS) A certificate of incorporation or partnership agreement (if applicable) An encroachment licence if your outdoor area is located on council land (eg on the footpath) Landlord/owner s written consent to sell alcohol if the applicant is not the landowner A photograph of the exterior, or an artist s impression of the exterior, of the proposed premises as they will look when they are finished A business case detailing the operation of the business including marketing strategies (target market and advertising), licensee experience and involvement in the business, and any other matter which may assist in determining this application A map showing the location of the premises and highlighting proximity to sensitive premises such as schools, community centres, early childhood facilities, hospitals, churches, etc. Sensitive premises within 1km or more of your premises should be shown. Ensure a scale is included on your map Application documents MUST be on A4 or A3 sized paper only, must not be bound and all documents must be in triplicate. Applications not following this format will be returned. Timeframes: It will take four to six weeks to process uncontested applications. Contested applications may require a hearing and therefore take longer to process. Environmental Health Hutt City Council 30 Laings Road, Private Bag 31912, Lower Hutt 5040 huttcity.govt.nz RSS-FORM-003F March 2016

2 PUBLIC NOTICES After submitting a new licence application you must give public notice of your application using Form 7 (attached). The notice must be given in compliance with section 36 of the Supply and Sale of Alcohol Regulations This may be achieved by placing two advertisements in The Hutt News one week apart. NOTE: If you are renewing your application and your premises have a very low or low fees category (eg certain restaurants), then you only need to advertise once in The Hutt News. Once the public notices have been published, the applicant must supply the DLC with a copy of the public notices from The Hutt News. The full page from The Hutt News containing the advertisements must be forwarded to the DLC. A copy of Public Notice Form 7 must also be displayed on the premises in accordance with the declaration that was completed with this application. It must be displayed for at least 10 working days after a copy was first published in the Hutt News. EXAMPLE OF HOST RESPONSIBILITY POLICY This should be used as a guide, and altered where appropriate, to suit the nature of your premises. It is important that policies are in an attractive, easy-to-read format. Host responsibility house policy for on- or club licence We wish to ensure that all our patrons enjoy themselves, and we encourage responsible drinking practices: Intoxicated persons are not permitted on the premises Those under 18 years old will not be served alcoholic beverages As well as canned and bottled brands, low alcohol beer is available We offer a range of fruit juices, non-alcoholic and hot beverages We have a great selection of light snacks and main meals, available at all times while the bar is open Patrons behaving in a disorderly manner will be asked to leave Please do not drive if you are nearing or over the limit. Free phones are available, or let us know and we are happy to call a friend or a taxi If you are a designated driver, let us know and it s FREE alcohol-free drinks all night Our bar is a supervised area under the Act All our staff are required to ask for evidence of age Free water is available for patrons to help themselves ALCOHOL MANAGEMENT PLAN This plan should include details about how you will put each part of your host responsibility policy into practice. It must include the systems, staff and training that you will implement to ensure that your business complies with the requirements of the Sale and Supply of Alcohol Act Your plan should include information about: How you will ensure intoxication is controlled. Including location of a place of safety, incident logbooks etc The steps you will take to ensure minors are not sold alcohol A duty manager register Your policy about returning unconsumed alcohol to patrons to take home The staff you will use and their level of training (so they comply with the requirements of the Act?) Your polices concerning promotions of alcohol The provision and promotion of food and water The steps you will take to prevent or reduce noise, nuisance, vandalism, and other harm being caused by your customers Door staff and security How will you help patrons get home safely RSS-FORM-003F March of 18

3 FEES Framework for determining cost/risk rating Add the three weightings together to get a cost/risk rating score Type of licensed premises Weighting + Latest alcohol sales time Weighting + Number of enforcements in the last 18 months Weighting Liquor store, supermarket, grocery off-licence 15 On-licences and clubs before 2.01am; offlicences before 10.01pm 0 None 0 Night clubs, taverns, adult premises, Class 1 restaurants 15 On-licences and clubs 2.01am to 3.01am; offlicences 10.01pm and later Off-licences in a tavern 10 On-licences and clubs all other closing times Hotels, function centres, Class 1 clubs, Class 2 restaurants, universities and polytechnics Remote sales, Class 2 clubs, Class 3 restaurants, other Theatres/cinemas, wine cellar doors, BYO restaurants, Class 3 clubs Class 1 restaurants restaurants with a significant separate bar area which, in the opinion of the relevant TA, operate that bar at least one night a week in the nature of a tavern, such as serving alcohol without meals to tables situated in the bar area. Class 2 restaurants restaurants that have a separate bar (which may include a small bar area) but which, in the opinion of the relevant TA, do not operate that area in the nature of tavern at any time. Class 3 restaurants restaurants that only serve alcohol to the table and do not have a separate bar area. Enforcement has the same meaning as a Holding under section 288 of the Act, or a previous offence for which a holding may have been issued if the offence had occurred before 18 December Fee category, rating and corresponding amounts Fee category and cost/risk rating score Application fee (inclusive of GST) Annual fee (inclusive of GST) Very low 0-2 $ $ Low 3-5 $ $ Medium 6-15 $ $ High $ $ Very high 26 plus $ $ NOTE: The first annual fee for an existing licence is waived if, between 18 December 2012 and 17 December 2013, the licensee applied and paid the relevant fee for a new licence, a licence renewal, or a licence variation. RSS-FORM-003F March of 18

4 STATUTORY FORM 3 APPLICATION FOR ON-LICENCE OR RENEWAL OF ON-LICENCE Sections 100 and 127(2) Sale and Supply of Alcohol Act 2012 To: The Secretary The District Licensing Committee Hutt City Council Adobe Acrobat V11 is required to fill this form online Download for free Application for New On-licence On-licence renewal On-licence renewal/variation Application is made in accordance with the particulars set out below 1. ENDORSEMENTS (a) Is this application for a BYO only licence (endorsed under section 37 of the Act)? Yes No (b) Is this application for a caterer s on-licence (endorsed under section 38 of the Act)? Yes No 2. APPLICATION DETAILS (a) Full legal name(s) to be on licence (b) Postal address for service of documents Postcode (c) Is a licence already held for this premises (or conveyance)? Yes No If yes, what kind of licence is held? (d) Licence number Applicant status (Go to section 3 for the following applicant) Natural person (Go to section 4 for any of the following applicants) Body corporate Public company Private company Board, organisation or other body, that is authorised by an enactment other than this Act to sell alcohol or hold a licence A limited partnership registered under section 51 of the Limited Partnerships Act 2008 A licensing or community trust Partnership A manager acting for a person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988 A department of State or other instrument of the Crown A territorial authority (whether or not expressly authorised by an enactment other than this Act to hold a licence) A trustee within the meaning of the Trustees Act 1956 OFFICE USE ONLY Licence number:... Fee:... Property no/category... Weighting... /... /... Checked by:... Date received:... Environmental Health Hutt City Council 30 Laings Road, Private Bag 31912, Lower Hutt 5040 huttcity.govt.nz RSS-FORM-003F March 2016

5 3. DETAILS WHERE APPLICANT IS A NATURAL PERSON (COMPLETE THIS SECTION IF YOU ARE APPLYING AS AN INDIVIDUAL) (a) Full name (write your full legal name) (residential) Occupation Applicant s date of birth Country of birth (b) Daytime contact name Phone number address Mobile phone number 4. DETAILS OF A CONTACT PERSON (SKIP THIS SECTION IF YOU COMPLETED 3. ABOVE) (a) (b) Home phone number Work phone number Mobile phone number Fax number address 5. FURTHER DETAILS WHERE THE APPLICANT IS A COMPANY (a) Full details of each director as follows (b) (c) Type of capital (In the case only of a private company) Authorised capital Paid up capital Full details of each person who holds any shares issued by the company Designation Face value of shares held RSS-FORM-003F March of 18

6 Designation Face value of shares held Designation Face value of shares held Designation Face value of shares held (d) Full details of each person who holds 20 per cent or more of the shares, or any particular class of shares, issued by the company (only required in the case of a public company) Designation Designation Designation Designation 6. FURTHER DETAILS WHERE THE APPLICANT IS A PARTNERSHIP (a) Full details of each partner % of partnership owned % of partnership owned % of partnership owned RSS-FORM-003F March of 18

7 % of partnership owned (b) Signature of each partner 7. CRIMINAL CONVICTIONS Has the applicant received any criminal convictions? Yes No State all criminal convictions (other than convictions for offences against provisions of the Land Transport Act 1998 not contained in Part 6, and offences to which the Criminal Records (Clean Slate) Act 2004 applies) Conviction Date 8. DETAILS OF MANAGERS TO BE EMPLOYED (MUST HOLD A MANAGER S CERTIFICATE) RSS-FORM-003F March of 18

8 9. PREMISES DETAILS (IF NOT A CONVEYANCE) (a) of proposed licensed premises (b) Proposed trading name for premises (if any) (c) Is a licence sought conditional upon construction on completion of the premises? Yes No (d) Does the applicant own the proposed licensed premises? Yes No If no, (i) What is the full name of the owner? (ii) What is the address of the owner? (iii) What form of tenure of the premises will the applicant have (including term of tenure)? (e) What part (if any) of the premises does the applicant intend should be designated as (i) A supervised area (ii) A restricted area (iii) An undesignated area 10. CONVEYANCE DETAILS (a) Type of conveyance (b) of home base (c) used or proposed for conveyance (d) Registration number RSS-FORM-003F March of 18

9 (e) Is a licence sought conditional upon construction on completion of the conveyance? Yes No (f) Does the applicant own the conveyance? Yes No If no, (i) What is the full name of the owner? (ii) What is the address of the owner? (iii) What form of tenure will the applicant have (including term of tenure)? (State whether operated under charter, lease or licence) 11. BUSINESS DETAILS (a) What is the general nature of the business to be conducted by the applicant if the licence is granted? Hotel Tavern Restaurant/café Entertainment/nightclub Other (b) Is the sale of alcohol intended to be the principal purpose of the business? Yes No If no, what is intended to be the principal purpose of the business? (c) Provide the details of other businesses held by the applicant RSS-FORM-003F March of 18

10 (d) Is the applicant engaged, or intended to be engaged, in the sale or supply of any goods other than alcohol and food, or in the provision of any services other than those directly related to the sale of alcohol and food? If yes, what is the nature of those other goods and services? Yes No (e) Days and hours proposed for sale of alcohol? (f) Does the applicant have or intend to have an outdoor licensed area? Yes No If yes, what hours does the applicant request (consider noise from outdoor areas and proximity to residential areas)? (g) In the case of BYO restaurants Does the applicant wish to have the licence endorsed under section 37 of the Act? Yes ie I would like customers to bring their own beer/wine but do not want to sell alcohol No ie I would like to sell alcohol and may allow customers to bring their own beer/wine at my discretion 12. CONDITIONS (a) What experience and training does the applicant have relating to alcohol licensing? RSS-FORM-003F March of 18

11 (b) Food and drinks A condition of your licence shall state [A range of food choices must be readily available at all times that the premises are open. Menus must be visible and food should be actively promoted. A minimum of three types of food should be available. The range or style of food will be shown as on any menu submitted. Alternatively the range of food should include such items as paninis, pizzas, lasagne, toasted or fresh sandwiches, wedges, pies, filled rolls, and/or salads.] (i) What provision does the applicant intend to make for the sale and supply of food? (List food options or attach menu) How do you intend to actively promote food? (ii) What provision does the applicant intend to make for the sale and supply of Non-alcoholic beverages (list type and range of beverages) Low-alcohol beverages? (list) (iii) What provision does the applicant intend to make for the free supply of drinking water to patrons? (If no access to mains water supply describe the potability of the water intended to be available) ONLY COMPLETE SECTIONS (c) TO (h) IF YOU HAVE NOT SUPPLIED THIS INFORMATION IN YOUR ALCOHOL MANAGEMENT PLAN (c) What training systems and staff does the applicant have in place to ensure compliance with the Act? RSS-FORM-003F March of 18

12 (d) What steps does the applicant propose to take to ensure that the requirements of the Act in relation to the sale of alcohol to prohibited persons are observed? (e) What steps does the applicant propose to take to provide assistance with or information about alternative forms of transport from the licensed premises? (f) What other steps does the applicant propose to take aimed at promoting the responsible consumption of alcohol? (g) Activities such as amplified music are likely to create adverse effects on neighbouring properties. What actions does the applicant intend to take to mitigate any adverse effects? (h) What security provisions have been made (eg door staff, active supervision etc) to prevent breaches of the Sale and Supply of Alcohol Act? RSS-FORM-003F March of 18

13 (i) How will you prevent your business having a negative impact on the local community? (you may provide details in a separate document if there is not sufficient space) For renewal applications Are there any changes sought to the present conditions of the licence? Yes No If yes, (i) Have you applied for a Certificate of Use? Yes No (ii) What changes are sought? (Attach a full floor plan if changes involve premise layout or designation) (iii) What are the full reasons for the changes sought? Dated at this day of 20 Applicant signature Print name RSS-FORM-003F March of 18

14 DECLARATION RELATING TO DISPLAY OF PUBLIC NOTICE AT PREMISES I [print name],... declare that Form 7 Public Notice has been completed and displayed as per the requirements of the Act as stated below: Within ten (10) working days after filing the application, the applicant for a licence must ensure that notice of the application, in the prescribed form, is attached in a conspicuous place on or adjacent to the site to which the application relates. Applicant signature(s) Date PRIVACY STATEMENT The Council may hold, use and disclose personal information you have provided to communicate with you for Council purposes; to tell you about products and services it believes may be of interest to you; and to enable it to maintain its records and carry out its statutory functions. You have the right under the Privacy Act 1993 to access, and have corrected, information held by the Council, which is at 30 Laings Road, Lower Hutt 5040, telephone RSS-FORM-003F March of 18

15 STATUTORY FORM 7 PUBLIC NOTICE OF APPLICATION FOR ON-LICENCE, OFF-LICENCE, OR CLUB LICENCE (OR VARIATION OF CONDITIONS OF ON-, OFF- OR CLUB, LICENCE) Section 101 Sale and Supply of Alcohol Act 2012 i Adobe Acrobat V11 is required to fill this form online Download for free This form should be checked by a Licensing Inspector, with a copy taken to The Hutt News for publishing. Although all care is taken by HCC when checking these forms the onus is on the applicant to provide accurate information when completing this form. Checked by for HCC Date Publish Full name of company, partnership or individual once twice Occupation Post code has made application to the District Licensing Committee at Lower Hutt for the issue or renewal or variation of conditions (tick one) of a On-, Off-, BYO Club (tick one) licence in respect of the premises situated at known as or the (specify type of conveyance) known as The general nature of the business conducted (or to be conducted) under the licence (eg restaurant, café, hotel, tavern, sports club, nightclub) The days on which and the hours during which alcohol is OR is intended to be (tick one) sold under the licence are If changing hours then ensure current and proposed hours are placed in the advertisement The application may be inspected during ordinary office hours at the office of the Lower Hutt District Licensing Committee at the Council Administration Building, 30 Laings Road, Lower Hutt Any person who is entitled to object and who wishes to object to the issue of the licence may, not later than 15 working days after the date of the publication of this notice, file a notice in writing of the objection with the Secretary of the District Licensing Committee at: Council Administration Building, 30 Laings Road, Private Bag 31912, Lower Hutt 5040 Please tick one No objection to the issue of a licence may be made in relation to a matter other than a matter specified in section 105(1) of the Sale and Supply of Alcohol No objection to the renewal of a licence may be made in relation to a matter other than a matter specified in section 131 of the Sale and Supply of Alcohol Act This is the first (or second) or only publication of this notice (tick where applicable) This notice was first published on Environmental Health Hutt City Council 30 Laings Road, Private Bag 31912, Lower Hutt 5040 huttcity.govt.nz RSS-FORM-007F March 2016

16 PUBLIC NOTICE FOR DISPLAY ON PREMISES Section 101 Sale and Supply of Alcohol Act 2012 Adobe Acrobat V11 is required to fill this form online Download for free Full name of company, partnership or individual Occupation Post code has made application to the District Licensing Committee at Lower Hutt for the issue or renewal or variation of conditions (tick one) of a On-, Off-, BYO Club (tick one) licence in respect of the premises situated at known as or the (specify type of conveyance) known as The general nature of the business conducted (or to be conducted) under the licence (eg restaurant, café, hotel, tavern, sports club, nightclub) The days on which and the hours during which alcohol is (or is intended to be) sold under the licence are The application may be inspected during ordinary office hours at the office of the Lower Hutt District Licensing Committee at the Council Administration Building, 30 Laings Road, Lower Hutt Any person who is entitled to object and who wishes to object to the issue of the licence may, not later than 15 working days after the date of the publication of this notice, file a notice in writing of the objection with the Secretary of the District Licensing Committee at: Council Administration Building, 30 Laings Road, Private Bag 31912, Lower Hutt 5040 No objection to the issue of a licence may be made in relation to a matter other than a matter specified in section 105(1) of the Sale and Supply of Alcohol No objection to the renewal of a licence may be made in relation to a matter other than a matter specified in section 131 of the Sale and Supply of Alcohol Act Environmental Health Hutt City Council 30 Laings Road, Private Bag 31912, Lower Hutt 5040 huttcity.govt.nz RSS-FORM-007aF March 2016

17 DECLARATION RELATING TO BUILDING EVACUATION SCHEME FOR PUBLIC SAFETY (This must accompany new and renewal applications for on-licence (including BYO licences), off-licence and club licence) Sections 100 and 127 of the Sale and Supply of Alcohol Act 2012 Adobe Acrobat V11 is required to fill this form online Download for free Premise name Premise address Post code STATEMENT REGARDING FIRE EVACUATION SCHEME Consultation with the Fire Safety Officer at Fire and Emergency NZ recommended before supplying this statement. The Fire Safety Officer can be contacted at: Hutt City Fire Station 39 Marsden Street Telephone Website: Confirmation that a scheme is in place for your building may be obtained from the building owner. PLEASE INDICATE THE RELEVANT STATEMENT BY PLACING A TICK IN THE APPROPRIATE BOX. The building in which the premises are situated has an evacuation scheme for public safety which meets the requirements of section 76 of the Fire and Emergency New Zealand Act 2017, or The building by reason of its current use, does not require such a scheme, but does have evacuation procedures in place which meets the requirements of the Fire Safety and Evacuation of Buildings Regulations 2006, regulation 6. Dated at this day of 20 Applicant signature Print name Environmental Health Hutt City Council 30 Laings Road, Private Bag 31912, Lower Hutt 5040 huttcity.govt.nz RSS-FORM-031F July 2017

18 DESIGN AND LAYOUT OF PREMISES The design and layout of your licensed premises needs to comply with the requirements of the Crime Prevention Through Environmental Design for Licensed Premises (CPTED) guidelines as outlined on the HPA website ( You will need to assess your premises against these guidelines which have been summarised in the checklist below. A Licensing Inspector will check your assessment during their compliance check of your premises. CPTED CHECKLIST FOR ON-LICENSED PREMISES Yes No N/a BAR AREA Bar staff have good visibility of entire premises Area behind the bar is raised to improve visibility Bar area is open with no obstructions affecting monitoring of premises Cash registers are front facing If cash registers are not front facing, mirrors are installed for monitoring customers Safe is out of public view INTERNAL LAYOUT Premises is laid out so staff can monitor all patrons at all times There are no obstructions within the bar causing blind spots Where there may be blind spots, mirrors or CCTV are installed Sufficient seating is provided Customers can easily move around the premises CROWDING The premises is not over crowded The maximum number of patrons for the premises is displayed and complied with LIGHTING Internal lighting is suitable Lighting allows door staff to check IDs etc. Lighting allows staff to monitor patrons inside the premises Internal lighting can be raised in an emergency or incident and at closing time External lighting is suitable VENTILATION A ventilation system is installed The premises is maintained at a suitable temperature OUTDOOR DRINKING AREAS Outdoor drinking areas are monitored by bar and/or security staff Lighting allows staff to monitor patrons Customers can move easily around the outdoor drinking areas Outdoor drinking areas are well defined from surrounding external environment (no footpath creep) Outdoor drinking areas are not overcrowded A street trading licence or equivalent is held and is current CCTV CCTV is installed, monitored and positioned to monitor vulnerable areas ENTRANCES AND EXITS Entrances and exits are visible from behind the bar area CCTV is installed to monitor blind entrances and exits Door staff monitor entrances and exits Where queuing occurs outsides the premises, there is sufficient space TOILETS Toilet facility entrances are visible from the bar area Toilets are inspected regularly STAFF There are sufficient numbers of staff to ensure control of the premises RSS-FORM-003F March of 18