LCQ Off-Licence and On-Licence Differences 2

Question 1

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

Accepted Answer

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

Answer

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.

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted 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

Answer

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.

Question 4

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

Accepted 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

Answer

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.

Question 5

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?

Accepted Answer

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

Answer

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.

LCQ Practice Test

LCQ Practice Test

LCQ Off-Licence and On-Licence Differences 2