LCQ Duty Manager Responsibilities 2 — Questions and Answers
Question 1: Under NZ law, how long in advance must a licensee notify the DLC of a new duty manager appointment?
- Within 2 working days of the appointment
- Within 5 working days of the appointment (Correct answer)
- Within 10 working days of the appointment
- Before the appointment begins — advance notice is required
Correct answer: Within 5 working days of the appointment
Under the Act, the licensee must notify the DLC of a new duty manager appointment within 5 working days of the appointment taking effect.
Section 225 of the Act requires that the licensee notify the DLC in writing of the appointment of a duty manager within 5 working days. This keeps the DLC's records current and allows them to verify that the appointed person holds a valid manager's certificate. The duty manager can begin work immediately on appointment — the 5-day window is for notification, not approval.
Question 2: What does 'fit and proper person' mean in the context of a manager's certificate application in NZ?
- The applicant must pass a physical fitness test
- The applicant must have no prior convictions of any kind
- The DLC must be satisfied the applicant has good character, is suitable to manage alcohol sales, and has no disqualifying history (Correct answer)
- The applicant must provide references from three existing duty managers
Correct answer: The DLC must be satisfied the applicant has good character, is suitable to manage alcohol sales, and has no disqualifying history
Being a 'fit and proper person' means the DLC is satisfied about the applicant's character, suitability for the role, and that their history does not disqualify them — such as recent relevant convictions.
The DLC assesses each applicant's fitness and propriety holistically. Relevant factors include any criminal convictions (particularly for violence, dishonesty, or alcohol-related offences), whether the person has previously had a manager's certificate cancelled, and their general reputation and character. A single minor conviction will not automatically disqualify an applicant — the DLC weighs all factors. The Police submit a report on the applicant as part of the process.
Question 3: Under NZ law, what is a duty manager's obligation if they discover that a staff member has been serving alcohol to minors during their shift?
- Issue a verbal warning to the staff member and monitor them more carefully
- Immediately cease that staff member's service, document the incident, and report it to the licensee and if necessary the Police (Correct answer)
- Complete the shift and report it to the licensee the next day
- Only report it if the minor is still on the premises
Correct answer: Immediately cease that staff member's service, document the incident, and report it to the licensee and if necessary the Police
The duty manager must immediately stop the staff member from serving, document what happened, and report to the licensee. If a sale to a minor has occurred, it may need to be reported to the Police.
Serving alcohol to a minor is a serious offence under the Act. A duty manager who becomes aware of such an incident cannot ignore it or deal with it informally. Their obligations include: stopping the service, securing relevant evidence (e.g., CCTV footage), documenting the incident fully, reporting to the licensee, and cooperating with any Police investigation. Failing to act appropriately after discovering a breach could expose the duty manager to personal liability.
Question 4: Under NZ law, can a duty manager refuse to allow a Police officer or Licensing Inspector to enter licensed premises?
- Yes, during private functions where all patrons are members
- No — Police and Licensing Inspectors have the right of entry to licensed premises at any reasonable time (Correct answer)
- Only if the premises is not currently trading alcohol
- Yes, after 30 minutes' notice if they do not have a warrant
Correct answer: No — Police and Licensing Inspectors have the right of entry to licensed premises at any reasonable time
Under the Act, Licensing Inspectors and Police have an absolute right of entry to licensed premises at any reasonable time to monitor compliance. A duty manager cannot refuse or obstruct this.
Section 177 of the Act gives Licensing Inspectors, and the Police have general powers of entry to licensed premises at any reasonable time without a warrant. Obstructing a Licensing Inspector or Police officer in the exercise of their duties is an offence. A duty manager who refuses entry, delays entry, or tries to hide evidence before inspectors enter may face serious consequences including prosecution and cancellation of the manager's certificate.
Question 5: Under NZ law, what does the duty manager's responsibility for 'good order' on the premises include?
- Ensuring the premises is clean and tidy at all times
- Maintaining order, preventing illegal activity, managing intoxication, and ensuring patrons behave safely and legally (Correct answer)
- Only preventing physical violence between patrons
- Ensuring music volume complies with council noise bylaws
Correct answer: Maintaining order, preventing illegal activity, managing intoxication, and ensuring patrons behave safely and legally
Maintaining good order encompasses all aspects of patron behaviour: preventing illegal activity, managing intoxication, responding to disorder, ensuring minors are not served, and maintaining a safe and compliant environment.
The duty manager's responsibility for good order on the premises is wide-ranging. It includes preventing and responding to intoxication, managing violence or the threat of violence, ensuring no drugs are consumed on the premises, ensuring no minors are served, enforcing licence conditions (such as no-smoking rules and trading hours), and maintaining a safe environment for all patrons and staff. Allowing disorder to continue unchecked exposes the duty manager to personal liability under the Act.
Question 6: Under the Sale and Supply of Alcohol Act 2012, what must happen to a manager's certificate if the holder is convicted of a relevant offence?
- The certificate automatically lapses on conviction
- The DLC or ARLA may review the certificate and cancel or suspend it based on the conviction (Correct answer)
- The holder must voluntarily surrender the certificate
- Nothing — convictions only affect new applications, not existing certificates
Correct answer: The DLC or ARLA may review the certificate and cancel or suspend it based on the conviction
A conviction for a relevant offence (such as a violence, dishonesty, or alcohol offence) does not automatically cancel a certificate, but the DLC or ARLA may review and cancel or suspend it.
Under the Act, the Police or a Licensing Inspector may apply to the DLC or ARLA for the cancellation or suspension of a manager's certificate following a conviction that raises questions about the holder's fitness and propriety. The DLC or ARLA then hears the matter and decides whether the conviction warrants cancellation, suspension, or no action. Relevant offences include dishonesty offences, violence, and offences under the Act itself.
LCQ Duty Manager Responsibilities 2
Under NZ law, how long in advance must a licensee notify the DLC of a new duty manager appointment?