Decision Making under the Sale and Supply of Alcohol Act 2012

Decision making under Sale and Supply of Alcohol Act 2012 

Presented by Karyn South, Partner from Raymond Donnelly & Co, Crown Solicitor's Office,  with Rob O'Brien from Community Law

On-line via Zoom

Wednesday 4th August  2 pm - 5 pm

Thursday 5th August 2 pm - 5 pm

These two  3 hour webinars are important training opportunities for DLC members at all levels, across New Zealand.

Building on last years training programmes the material has been updated with latest case law and contains new sections on suitability in light of the  "Two Brothers" decision, and including new research on how best to engage with objectors to safeguard effective community engagement.

The aim is to support District Licensing Committees (DLCs) in their decision making role under the Sale and Supply of Alcohol Act 2012. 

Webinars are free and we encourage all DLC members, DLC secretaries and hearing staff to attend.

These webinars are not relevant or appropriate for Licensing Inspectors.

te hiringa hauora | Health Promotion Agency is funding the workshops as part of its alcohol-specific functions which include giving advice and making recommendations on the sale, supply, and consumption of alcohol, its misuse, and resultant harms.  District Licensing Committees (DLC's) exercise an important role in their communities. These workshops provide an opportunity to up-skill in a supportive environment and to share and learn with peers and colleagues.

Our communities deserve consistency and excellence in decisions made by their DLCs. The integrity of the system also requires this. These  workshops will highlight important aspects of the DLC's roles and functions including:

Day 1 – Wednesday 4 August - 2pm to 5pm

Topic 1: The Act's key principles, provisions and latest case law

• A summary highlighting key provisions of the Act - your "need to know" sections
• The object of the Act and its fundamental role in decisions
• “Alcohol related harm” – what does it mean?

The nature of the jurisdiction

• Your evaluative function
• Distinguishing "onus of proof" concepts from the evaluative process
• Criteria for Issuing or renewing licences (ss105 and 106)

Topic 2: Roles and Responsibilities

Understanding the Roles and Responsibilities of who is involved

• The DLC Secretary
• DLC Members
• DLC Commissioners
• DLC Chairs
• The Registrar
• The applicant
• The Police
• The Medical Officer of Health
• The Inspector
• Objectors
• Lawyers for any parties
• Interested parties
• Media

Topic 3 : Community engagement and the objection process

Rob O'Brien from Community Law is a Kaiārahi / Project Coordinator working specifically in alcohol licensing. Rob supports communities in the Wellington and Hutt Valley to navigate new licence and renewal processes, from initially objecting to participating in decision making hearings.

Topic 4 : Questions and Answers

An opportunity to engage with speakers and have your quesions answered.

Day 2 : – Thursday 5 August - 2pm to 5pm

Topic 4 Pre-hearing matters and determinations

• Identifying and managing conflicts of interests
• Pre-hearing matters including disclosure
• Timetabling directions
• What is a minute?
• Managing confidential/ commercially sensitive information
• Determining the standing of objectors
• Do you need more information? Using your Commission of Inquiry powers to gather more information and/or summons witnesses
• Site visits – in what circumstances? When? Who should attend?
• Adjournments

Topic 5 : Running a hearing

• seating, accessibility
• setting the tone for the community and the parties
• Opening hearings
• inquisitorial versus adversarial
• Order of examination of witnesses
• Guiding lawyers to avoid unnecessary delay or upset
• Reigning in a problematic witnesses
• Dealing with an upset witness
• Putting propositions to the lawyer/witnesses

Topic 6 : Spotlights on Key case law

• Application of the Evidence Act in light of s207
• Spotlight on suitability (Two Brothers)
• Spotlight on amenity and good order
• Spotlight on systems, staff and training

Topic 7: Decisions

• What types of decisions are there?
• What format and language can be used
• Overriding principles – the Object,
• Incorporating submissions and evidence - making findings on the evidence: weight, credibility vs reliability
• Incorporating case law
• Appeal-proofing
• Conditions
• Timeframe
• Mode of release
• Non-publication orders (e.g. of commercially or otherwise sensitive information)

Topic 8 : Questions and Answers

An opportunity to engage with speakers and have your quesions answered.