Off-Licence and On-Licence Differences Flashcards

Under NZ law, what is the key difference in how intoxication is managed at on-licences versus off-licences?

Answer: On-licences must manage intoxication actively during service; off-licences only need to refuse sales at the point of purchase

On-licences must continuously manage patron intoxication — refusing further service, removing patrons, ensuring safety. Off-licences only manage intoxication at the point of sale — they must refuse to sell to visibly intoxicated people but have no ongoing duty once the person leaves.

Under NZ law, must an off-licence hold a separate manager's certificate for its duty manager if the same person manages an on-licence at a separate location?

Answer: Yes — a manager's certificate is personal and a duty manager can be appointed to multiple premises, but can only be on duty at one at a time

A manager's certificate is a personal qualification that can be applied at any licensed premises. A person can be appointed as duty manager at multiple premises but can only physically be on duty at one premises at a time.

In NZ, what is the primary regulatory concern for off-licences regarding the sale of bulk or cheap alcohol?

Answer: That bulk or very cheap alcohol sales may encourage excessive consumption and increase community harm

The main regulatory concern with bulk or cheap alcohol sales is that they can encourage stockpiling and consumption of large quantities, increasing the risk of intoxication and related harm in the community.

Under NZ law, what is the legal position regarding consumption of alcohol purchased at an off-licence in a public place?

Answer: Consuming alcohol in public places may be an offence under local bylaws, regardless of where it was purchased — the off-licence has no control over this

Once alcohol is sold at an off-licence and taken away, consumption in public places is governed by local council bylaws prohibiting alcohol in public places. The off-licence itself has no control over where the patron consumes the product.

In NZ, what type of signage is specifically required at the checkout of supermarket off-licences under host responsibility principles?

Answer: Signage about the minimum purchasing age (18), availability of non-alcoholic alternatives, and the Challenge 25 or equivalent age-checking policy

Off-licences, including supermarket alcohol areas, should display information about the minimum purchasing age and the age-checking policy, as well as availability of non-alcoholic options as part of host responsibility compliance.

Under NZ law, what is the consequence for an off-licence that repeatedly fails to check ID and sells alcohol to minors?

Answer: The licensee and duty manager face prosecution, fines, and the DLC may cancel or impose additional conditions on the licence at renewal

Selling alcohol to minors is a serious offence. Repeated failures can result in prosecution of the licensee and duty manager, significant fines, and the DLC imposing additional conditions or cancelling the licence.