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Special licences may be obtained to allow the sale and/or consumption of alcohol at events or occasions on premises that are either unlicensed, or are licensed but they wish to operate outside the normal conditions of the licence, for example extending their trading hours or the licensed area.
A special licence may not be used to allow a premises to carry on trading when they should otherwise be closed, for example, on the sacrosanct days of Good Friday, Easter Sunday, Christmas Day and before 1pm on Anzac Day.
On-site special licences are granted when the alcohol is bought and consumed at the event or occasion. Common examples include wedding receptions held at unlicensed locations, clubs that allow their premises to be used for activities unrelated to the club or an on-licence premises using a space not covered by the licence.
Special licences can also be granted for off-site sales where the alcohol bought under the special licence is consumed at some other place, for example markets and fairs.
An ‘event’ is described as an occasion and a gathering, and may include a series of events. It has been held that while an event is not necessarily special, the licence grants the licensee the privilege of being able to sell and supply alcohol.
The Dunedin DLC will consider the following criteria when determining whether or not an ‘event’ qualifies for a special licence:
- the nature of the event or occasion
- that the true purpose for the function is other than the mere enjoyment of bar facilities. For example, guests at a wedding or people with a special interest in a sports game
- that attendance is by invitation, pre-purchased ticket or payment on entry
- that the alcohol is ancillary to the purpose of the event
- that people attending will see a difference between the event ambiance and a normal trading day (applies mainly to premises extending their normal licence)
- the extent of the planning – the less organised the greater the likelihood the planning was an after-thought to the application for the special licence therefore the ‘special nature’ of the proposed event may be doubtful
- regularity is not necessarily a disqualifying feature.
There are occasions in Dunedin when an event is of a scale that it is deemed to be ‘special’ for the city as a whole. Examples of these are test matches held at the Forsyth Barr Stadium, New Year’s Eve celebrations and the ID Fashion week. The DLC will generally, on those occasions, grant special licences to those wishing to make the most of these occasions. However, each application will be treated on its merits.
Occasionally there are events happening in other parts of the country, or world that are televised and may hold appeal for local people. The DLC will consider these applications according to the above-mentioned criteria.
When the applicant is from a licensed premises, there will generally need to be a separation between normal bar activities and the event for which the special licence is granted. For example, there may be an expectation that the premises is closed for a period prior to the event starting.
6.1 Considering an application
The impact on the community is a prime consideration when assessing any application.
It is expected that the applicant will have considered the impact on the neighbouring area and will include a plan of how any negative effects will be mitigated.
When considering an application for a special licence, the Committee is conscious of the fact that the licence is of a short duration but it must still consider the impact of the event on the amenity and good order of the location.
If the application is for a large-scale event, an Event Management Plan may be required. The Plan will detail how the organisers will manage security, monitor the sale and consumption of alcohol, and how they will address any concerns of the local residents and public health concerns, for example, noise and traffic movements.
6.2 Maximum Trading Hours
Special licences for unlicensed premises will usually be restricted to 1am on the day following the start of the event. If there are multiple days covered by the special licence the restriction will apply on each of the days. In exceptional circumstances the DLC may grant greater hours.
For premises already holding an on or club licence, special licences will be granted only for the maximum hours for that kind of premises as stipulated in this LAP. If the current hours are already at the maximum, greater hours will be granted only in exceptional circumstances as determined by the DLC.
6.3 Conditions
The DLC will apply conditions to special licences issued by the DLC relating to:
- the days on which and the hours during which alcohol may be sold and supplied
- any designation that shall apply
- the people, or kinds of people, able to be served
- provision and promotion of food and low and non-alcoholic beverages
- the place or places on the premises at which water is to be freely available
- restricting the types of containers used for the sale or supply of alcohol
- promotion of alternative transport options
- exclusion of the public
- any reasonable condition consistent with the object of the Act.
6.4 Management of Special Licensed Events
A special licence requires a certified manager to be present.
However, if the DLC is satisfied the event is low risk and the named person has some experience, they may waive the requirement to have a certified manager present.
6.5 Multiple Events on One Special Licence
The Act allows the DLC to grant a special licence for a series of events or occasions. The DLC will require the multiple events named in a special licence application to be related in some way. Examples include a theatre group performing several performances over several days or an organisation holding a series of quiz nights.
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