Off-Licence and On-Licence Differences Flashcards

Under NZ law, can a restaurant holding an on-licence also sell bottled wine for takeaway?

Answer: Yes, but only with an off-licence endorsement added to the on-licence

An on-licence can be endorsed with an off-licence endorsement, allowing a restaurant to sell bottles of wine (or other alcohol) for takeaway, without needing a completely separate off-licence.

In NZ, what type of licence would a winery open to the public for sales and tastings require?

Answer: A single licence with appropriate conditions covering both tasting and retail sales, or separate on and off licences

A winery typically requires both on-licence functionality (for consumption on site during tastings) and off-licence functionality (for retail bottle sales). This can be achieved through a single licence with both functions covered or through separate licences.

Under NZ law, what conditions typically attach specifically to off-licences that do not apply to on-licences?

Answer: Off-licences often have conditions restricting the types of alcohol that can be sold (e.g. restricting spirits or fortified wine in some locations) as well as merchandising conditions

Off-licence conditions often focus on stock (restricting high-strength products in vulnerable communities), product placement and display, and compliance with any Local Alcohol Policy restrictions. These differ from on-licence conditions, which focus more on intoxication management and patron conduct.

Under NZ law, what obligation does an off-licence holder have if their premises are adjacent to a school or church?

Answer: Proximity to a school or church is a factor the DLC considers when granting or renewing a licence, and may result in additional conditions being imposed

Proximity to sensitive sites such as schools, churches, and community services is a factor the DLC must consider. It does not automatically prohibit a licence but may influence conditions and is a ground for public objection.

In NZ, can an off-licence sell alcohol at any time once it opens, or are there restrictions on how alcohol is presented at opening?

Answer: There are no specific opening time restrictions within licensed hours, but the minimum trading start time is 7 am for off-licences

Off-licences may trade from as early as 7 am under the Act's default maximum hours, so alcohol can be sold from when trading begins at or after 7 am.

Under NZ law, what is the significance of an off-licence being in a 'club licence' setting (such as a social club)?

Answer: A club licence restricts supply to members and guests — an off-licence would be needed to sell alcohol to non-members for takeaway

A club licence only authorises supply to members and their guests. If a club wishes to sell alcohol to the general public or to non-members for takeaway, it would need to hold a separate off-licence.