LCQ Licence Controller Duties 3 — Questions and Answers
Question 1: Under the Sale and Supply of Alcohol Act 2012, what does a duty manager's certificate authorise in NZ?
- Ownership of a licensed premises
- The holder to be in charge of licensed premises during the sale and supply of alcohol (Correct answer)
- The right to apply for a new licence type
- The ability to conduct controlled purchase operations
Correct answer: The holder to be in charge of licensed premises during the sale and supply of alcohol
A manager's certificate authorises the holder to act as the duty manager in charge of licensed premises during trading hours when alcohol is sold or supplied.
A manager's certificate is a personal authorisation under the Act that allows the named individual to be appointed as the duty manager of a licensed premises. It does not confer any ownership rights or regulatory powers. The certificate holder is legally responsible for compliance with the Act and the conditions of the licence during their duty period.
Question 2: What must a duty manager in NZ do if they are going to be absent from the premises for more than a brief period?
- Notify Police before leaving
- Ensure another certified duty manager takes over responsibility (Correct answer)
- Lock the premises until they return
- Ask a senior staff member to cover without a certificate
Correct answer: Ensure another certified duty manager takes over responsibility
At all times when alcohol is sold or supplied, a certified duty manager must be present and responsible. If the duty manager needs to be absent for more than a brief period, another certified manager must take over.
The Act requires that a certified duty manager must be on duty whenever alcohol is being sold or supplied. A brief absence (for example to use the bathroom) is tolerated, but any extended absence means another holder of a valid manager's certificate must formally take over. Allowing alcohol to continue to be sold without a certified manager present is an offence by both the outgoing manager and the licensee.
Question 3: Under NZ law, can a licensee appoint themselves as the duty manager of their own premises?
- Yes, but only if they hold a current manager's certificate (Correct answer)
- Yes, any licensee automatically has duty manager status
- No, duty managers must always be employed staff
- Only if the premises has fewer than 50 patrons
Correct answer: Yes, but only if they hold a current manager's certificate
A licensee can act as duty manager of their own premises provided they hold a current manager's certificate — holding a licence alone is not sufficient.
The Act separates the licence (which authorises the business to sell alcohol) from the manager's certificate (which authorises a person to be in charge). Even if the same person is both the licensee and wishes to be the duty manager, they must obtain and maintain a valid manager's certificate. This ensures that all people exercising day-to-day control over alcohol sales have demonstrated the relevant knowledge and character.
Question 4: What is a 'temporary manager' appointment under the Sale and Supply of Alcohol Act 2012 in NZ?
- A manager from another venue who covers during events
- An appointment that allows an uncertified person to act as duty manager for up to 3 months
- A short-term appointment of a certified person pending a permanent manager's certificate application (Correct answer)
- A trainee manager role with limited responsibilities
Correct answer: A short-term appointment of a certified person pending a permanent manager's certificate application
A temporary manager is a person with a manager's certificate who is appointed on a short-term basis while the licensee arranges for a permanent appointment or while a certificate application is being processed.
Under the Act, licensees can appoint temporary managers to cover situations where a permanent duty manager is unavailable. The appointed person must still hold a valid manager's certificate. The licensee must notify the DLC of the appointment. This provision is used when a regular manager leaves suddenly or while recruitment of a new permanent manager is underway.
Question 5: Under NZ law, what is the duty manager's responsibility regarding the sale of alcohol close to the closing time on the licence?
- They may continue selling as long as any patron requests a drink
- They must stop selling alcohol exactly at the time stated on the licence, with no grace period for finishing drinks
- They must stop selling alcohol at the licensed closing time but patrons may finish drinks already purchased for a reasonable period (Correct answer)
- They can extend trading by 30 minutes at their own discretion
Correct answer: They must stop selling alcohol at the licensed closing time but patrons may finish drinks already purchased for a reasonable period
Alcohol must not be sold after the licensed closing time. However, patrons who have already purchased drinks may finish them within a reasonable period after closing time.
The licence specifies the hours during which alcohol may be sold or supplied. At the licensed closing time, no further sales can be made. However, the Act does not require patrons to immediately stop drinking drinks they have already lawfully purchased. A reasonable time for finishing drinks is permitted. A duty manager must ensure no new drinks are sold after hours and must manage the orderly wind-down of trading.
Question 6: What is the legal requirement in NZ regarding the display of a duty manager's name on licensed premises?
- The duty manager's full name must be displayed on a public noticeboard at the entrance
- The duty manager's name must be available on request but does not need to be publicly displayed
- The licence must be displayed but there is no requirement to display the duty manager's name (Correct answer)
- The duty manager must wear a clearly visible name badge at all times
Correct answer: The licence must be displayed but there is no requirement to display the duty manager's name
Under the Act, the licence must be displayed in a prominent place, but there is no specific requirement to display the duty manager's name publicly, although good practice and some DLC conditions may require it.
Section 212 of the Act requires that the licence be displayed in a prominent place where it can be read by members of the public. There is no separate statutory requirement to display the duty manager's name, though some DLCs impose this as a licence condition, and it is considered good host responsibility practice. The duty manager's name must however be notified to the DLC when they are appointed.
LCQ Licence Controller Duties 3
Under the Sale and Supply of Alcohol Act 2012, what does a duty manager's certificate authorise in NZ?