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District Licensing Committee

The District Licensing Committee ensures implementation of the Sale and Supply of Liquor Act 2012.

DISTRICT LICENSING COMMITTEE 

Membership 

The DLC must consist of three members appointed by the Central Hawke’s Bay District Council (Council). The Council must appoint one member as the Chairperson, and that person must either be a member of the Council or a Commissioner appointed to the DLC by the Chief Executive Officer of the Council on the recommendation of the Council. 

The other two members of the DLC must be appointed from the Council’s list2 of persons approved to be members of the District Licensing Committee. 

The Council may also appoint a member of the Council to act as a Deputy Chairperson, to act in place of the Chairperson. This is to allow for times when the Chairperson is unable to act due to illness, absence, or other sufficient reason. 

Appointment of the Chairperson and the Deputy Chairperson shall be by Resolution of the Council. 

Current Members: 
  • Councillor Gerard Minehan (Chair) 
  • Councillor Exham Wichman (Deputy Chair) 
  • List Member Sally Butler

If the Chairperson, or the Deputy Chairperson, cease to be an elected member of Council then they will cease to be the Chairperson of this Committee. 

Meeting Frequency 

As and when required 

Quorum 

A Quorum of the Committee may consist of the Chairperson sitting alone to determine uncontested applications. Where objections are received to an application, then the quorum must consist of the full three-member committee. 

Purpose 

The DLC is responsible for considering and determining all applications, and renewals, for Liquor Licences and Managers Certificates. The Committee is also responsible for the consideration and determination of Temporary Authorities and Special Licences made under the Sale and Supply of Alcohol Act 2012 (SSLA). 

Responsibilities 

Administer the Council’s alcohol licensing framework as determined by the SSLA. 

  1. to consider and determine applications for licences and manager’s certificates, 
  2. to consider and determine applications for renewal of licences and manager’s certificates, 
  3. to consider and determine applications for temporary authority to carry on the sale and supply of alcohol in accordance with section 136, 
  4. to consider and determine applications for the variation, suspension, or cancellation of special licences, 
  5. to consider and determine applications for the variation of licences (other than special licences) unless the application is brought under section 280, 
  6. with the leave of the chairperson for the licensing authority, to refer applications to the licensing authority, 
  7. to conduct inquiries and to make reports as may be required of it by the licensing authority under section 175, and 
  8. any other functions conferred on licensing committees by or under this Act or any other enactment. 

The Committee may make recommendations to Council. While the DLC is a committee of Council and receives Council administrative support, it operates as an independent quasi-judicial body. DLC decisions can be appealed to the Alcohol and Regulatory Licensing Authority (ARLA). 

Delegations 

The power to make decisions on Liquor licenses, Managers Certificates, Temporary Authorities and Special Licences are set out in the SSLA. 

Appointments to the Committee of the other members shall be made through an Appointments Committee process that: 

  • Is made up of the Chairperson, Deputy Chairperson, and Secretary (Chief Executive or Chief Executive’s delegated officer) of the DLC. 
  • Is responsible for determining the manner in which the appointments process will be undertaken and the terms and conditions of the selected candidate. 
  • will identify a shortlist of candidates whom it considers meets the above criteria, conduct interviews, and recommend names of approved persons for appointment to the DLC and / or inclusion on the DLC Members List. 
  • Recommend to Council the preferred appointment(s) for confirmation. 

The Council considers that, in addition to the statutory requirements, any person that it appoints to the Committee should also possess: 

  • An understanding of Regulatory issues 
  • Either regulatory experience, or other experience that is relevant to the activities of the committee 
  • A high standard of personal integrity 
  • The ability to work as part of a team. 

The Council may at any time remove a member of the DLC for inability to perform the functions of office, bankruptcy, neglect of duty, or misconduct, proved to the Council’s satisfaction. 

Professional Development

and Learning 

Members of the District Licensing Committee are required to complete both on-line training provided by LGNZ and attend any other relevant training offered through the District Licensing Committee (DLC) Network. 

Remuneration 

Remuneration of members of the Committee is a matter that is determined by the Ministry of Justice. 

District Licensing Annual Report

The Central Hawke’s Bay District Council, as a territorial authority, is required to report annually on the proceedings and operations of the District Licensing Committee. The District Licensing Annual Report for 2019-2020 is available here.

 

Decisions 2020

Central Hawke's Bay District Licensing Committee

Governance Documentation

Underpinning good governance are a range of documents that ensure Council is clear on its accountabilities, expectations and responsibilities. You can find these documents here.

Code of Conduct 2022 - 2025 Triennium
Committee Terms of Reference
Council and Community Representation Schedule 2022 - 2025
CHBDC Governance Statement 2023
Standing Orders 2022 - 2025 Triennium
Triennial Agreement 2022-25
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