Food and liquor licences. A guide to help you by dkh16703

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									 Using this guide

If you are considering establishing a licensed premise, selling or serving alcohol, or planning
an event where alcohol will be consumed, you will need a licence. If you are establishing a food
premises, you will also need a food licence.

In addition, if you are establishing premises you may also require consent and a street trading
permit from Auckland City Council. Please contact the council’s licensing enquiries desk on
09 353 9090 for more information.

We know this type of project can be a daunting prospect, so we have produced this information guide to help inform you of the
things you need to know about how to set up a licensed premise in Auckland.

Depending on the size of your premises and your level of experience, you may be able to complete most of the process yourself or
with the council’s assistance. For more complex projects, we recommend engaging a professional consultant to help you through
the consent process.

Here is an overview of what is inside this guide.

 If you want to know::                                              Go to:

 •    What is a licence?                                            Section 1
 •    How many types of licences are there?                         Introduction to licences
 •    What is the application process?
 •   What do I need for my project ?                                Section 2
 •   What should I consider as part of my project planning?         Licensing projects
•     Tell me everything about it.                                  Section 3
                                                                    Obtaining a licence
 •    What about a resource consent?                                Section 4
 •    Tell me everything I need to know.                            Obtaining a resource consent
 •    Will I need a building consent?                               Section 5
 •    Tell me all about that.                                       Obtaining a building consent
 •    How much will it cost me?                                     Section 6
 •    What are the charges for?                                     Fees and charges
 •    Is there anything else I need to know when applying           Section 7
      for a licence?
                                                                    Additional resources

 •    What do I need to get started?                                Section 8
                                                                    Application materials

Disclaimer
Any advice given by Auckland City Council (referred to as “the council”) in relation to planning or regulatory matters is offered in
good faith and every effort has been made to ensure that the advice provided is accurate. The council does not accept any liability
or responsibility whatsoever for any losses or damage which may arise directly or indirectly from such advice.
Contents
Section 1: Introduction to licences
1.1    What is a licence?                                              1
1.2    A typical licensing process                                     1
1.3    Will I need a consent too?                                      2
1.4    Where to go for assistance                                      2

Section 2: Licensing projects
2.1    What do you want to do?                                         3
2.2    Open a restaurant, cafe, tavern, or nightclub                   4
2.3    Open a liquor store or wine shop                                5
2.4    Open a catering company that serves alcohol                     5
2.5    Serve liquor to customers on a conveyance, eg vehicle or boat   6
2.6    Serve liquor at a special event                                 7
2.7    Set up a bar at a clubroom for a social or sports club          8
2.8    Renew an existing licence or certificate                        8
2.9    Retaining an existing licence (for a new owner)                 9
2.10   Opening or purchasing a non-food premises                       10

Section 3: Obtaining a licence
3.1    Applying for your licence                                       11
3.2    Registering your food premises                                  12
3.3    Looking after your licence                                      13
3.4    Host responsibility                                             13
3.5    Manager’s certificate                                           13
3.6    Visits from regulatory agencies                                 14

Section 4: Obtaining a resource consent
4.1    Resource consent process                                        15
4.2    Responsibilities in the resource consent process                15
4.3    Assessment of Environmental Effects (AEE)                       16
4.4    Affected persons’ approval                                      17
4.5    Pre-lodgement meeting                                           17
4.6    How to apply                                                    17
4.7    Duration of consent                                             18
4.8    Land-use consent monitoring                                     18
4.9    Appeals to the Environment Court                                18
4.10   Streamlined process                                             18
4.11   How to avoid processing delays                                  18
4.12   Further district plan considerations                            19

Section 5: Obtaining a building consent
5.1    Building consent process                                        20
5.2    Responsibilities in the building consent process                21
5.3    Pre-lodgement meeting                                           21
5.4    How to apply                                                    22
5.5    Project Information Memorandum (PIM)                            22
5.6    Duration of building consent                                    23
5.7    How to avoid processing delays                                  23
5.8    Building inspections and compliance                             23
5.9    Code Compliance Certificate (CCC)                               24

Section 6: Fees and charges
6.1    Fees and charges                                                25
6.2    Development contributions                                       25

Section 7: Additional resources
7.1    Relevant legislation or regulations                             26
7.2    Glossary                                                        27

Section 8: Application materials
 Section 1: Introduction to licences

1.1     What is a licence?
There are many types of licences, but the main ones are the               If you plan to manufacture, prepare, store, or sell food, your
liquor licence and food premises licence.                                 premises must be registered with the council.

A liquor licence is required to sell or supply liquor to the              A licence is issued to a named person, company or legal
public under the Sale of Liquor Act 1989. The district                    entity in relation to a premises or conveyance. Conveyances
licensing agency is a statutory body that issues liquor                   are vehicles such as aircraft, vessels, trains etc. A licence
licences within the council. The requirement for licences and             cannot be transferred from one person to another or from
the criteria for granting them are set out in the Sale of Liquor          one premises or conveyance to another.
Act 1989.

A food premises licence (certificate of register) is required to
sell or serve food to the public under the Food Hygiene
Regulations 1974.

1.2     A typical licensing process
Generally, getting a licence from the council follows a six-stage process as outlined below. Note that this process may be different
depending on your particular situation.

Licensing process

  1 Obtain               2 Apply for             3 Compile             4 Lodge                  5 Place public        6 Process
   1350
    application            certificates            documents             application              notices               application
    pack



 Step by step
 1    The first step is to obtain an application pack by:
      • collecting it from one of the our area offices (refer to sub-section 1.4) or
      • calling us on 09 379 2020 Monday to Friday, 7.30am to 6.00pm.
 2    To apply for the planning and building certificates, complete the form in the application pack and mail or deliver it along with
      your application form and application fee.
 3    Make sure your application includes all required documents, as an incomplete application will delay the process.
      The application should contain:
      • the application form
      • planning and building certificates
      • a scale plan
      • a written statement from the owner of the premises.
 4    Once you have completed your application you can mail or deliver it to the council. It will take up to 42 working days to
      process the application. This includes time to assess your application, time for police checks, public health checks, any public
      objections, preparing a report on your application and time for issuing your certificates when approved.
 5    Within 10 days of lodging your application, you are required to place a notice in a conspicuous place on or adjacent to the site.
      Within 20 days of lodging the application, you are required to place two public notices in your local paper, eg New Zealand
      Herald or The Aucklander.
 6    Council staff will assess the application for compliance and a liquor licensing officer will visit your premises for an inspection.
      If your application is opposed, the officer will contact you to explain why and what to do next. If your application is approved,
      the officer will submit a report to the administrator and your liquor licence will be printed and signed by the secretary of the
      district licensing agency.




                                                                         Food and liquor licence guide     Auckland City Council       1
1.3     Will I need a consent too?
If you are establishing a business, eg cafe, bar, restaurant you         All subdivisions require consent from the council to ensure
may also require a consent from the council. A consent gives             that the land is suitable for future development, that it is
you the right to conduct or carry out specific works in                  capable of being fully serviced, and to address any land
accordance with legislations and/or regulations. Before you              stability or flooding issues. A subdivision allows you to sell
begin your project, you will need to find out if consent                 part of your land provided you meet the relevant standards.
is required.                                                             Refer to section 4 to find out more about the subdivision
                                                                         consent process.
You will need to obtain the required consents before any
work starts. You need to provide all necessary information at            Building consent
the outset to reduce confusion, delay and cost so that the               A building consent is a written approval from the council for
council can process your application more rapidly when all               you to carry out specific building works on a specific site. A
critical information is present. To be fair to those who do get          building consent ensures compliance with the Building Act
it right first time, council staff do not accept applications            2004 and with the New Zealand Building Code. Before we
that have information missing. The two main types of                     issue a building consent, we check to ensure that the
consent that may be required for typical home renovation                 proposed works will be structurally sound, that there is
projects are detailed below.                                             sanitary plumbing and drainage and that the minimum fire
                                                                         and other safety standards are satisfied.
Resource consent
The Resource Management Act 1991 provides for two types                  Not all work requires a building consent: basic projects such
of resource consents: land-use and subdivision.                          as laying a patio or installing kitchen cupboards do not
                                                                         require one. However, most building work does require a
A land-use consent is a written approval from the council to             building consent in order to comply with current regulations.
use or modify your land in a manner that contravenes a rule              For example, if you plan to make structural changes,
in the district plan. All activities, except those permitted,            alterations or additions to your building you require a
require a land-use consent before you can carry them out.                building consent. If your project involves building a fence,
                                                                         deck, garage, retaining wall or swimming pool, you may
A subdivision consent allows you to create new (adjoining)               require a building consent. Please refer to section 5 to find
titles on a piece of land.                                               out more about the building consent process.




1.4     Where to go for assistance
While we hope you find this guide useful, you may wish to contact the council if you need further help. We are more than happy
to assist.


 Location                              Address                  Open                       Contact phone

 Auckland city except CBD*             35 Graham Street         Monday to Friday           General enquiries
                                       Auckland Central         8am to 5pm                 09 379 2020
                                                                                           Planning helpdesk
 Waiheke Island                        10 Belgium Street        Monday to Friday           (For resource consent enquiries)
                                       Ostend                   8.30am to 5pm
                                                                                           09 353 9356
                                                                                           Building helpdesk
 Great Barrier Island                  Hector Sanderson         Monday to Friday
                                       Road, Claris             8am to 5pm                 (For building consent enquiries)
                                                                                           09 353 9358


* Different rules and regulations apply for resource consents in the central business district (CBD). Please contact Auckland City
  Council on 09 379 2020 for more information.




                                                                        Food and liquor licence guide   Auckland City Council        2
 Section 2: Licensing projects

2.1     What do you want to do?
There are many projects relating to food and liquor licensing, and depending on your project, you may require a number of licences
and consents.

Use this page to help guide you through the licence and consent process for your specific project.

If your project is not listed here, please contact the council or speak to a professional.


Project type                                                                                                            Page


Open a restaurant, cafe, tavern or nightclub                                                                            4


Open a liquor store or wine shop                                                                                        5


Open a catering company that serves alcohol                                                                             5


Serve liquor to customers on a conveyance, eg vehicle or boat                                                           6


Serve liquor at a special event                                                                                         7


Set up a bar at a clubroom for a social or sports club                                                                  8


Renew an existing licence or certificate                                                                                8


Retaining an existing licence (for a new owner)                                                                         9


Opening or purchasing a non-food premise                                                                                10




                                                                         Food and liquor licence guide   Auckland City Council   3
2.2     Open a restaurant, cafe, tavern, or nightclub

What may be required   Description

Food licences          If you are serving or selling food, your premises must be registered. Food cannot be produced in
                       a home kitchen for sale.
                       All food premises are subject to regular inspections and must meet food hygiene standards.
                       To obtain registration, at least one person working in your premises must hold a certificate in basic
                       food hygiene. At the end of the licensing period, you have 14 days to re-register or you will be
                       charged additional fees.
                       You should contact the council on 09 379 2020 to find out if you are allowed to set up a food
                       premises in your area. The council’s planning team will advise you whether there are any parking
                       or other planning requirements for the area including lighting, noise and air extraction, which may
                       affect neighbouring premises. Refer to section 3 of this guide for information on registering
                       food premises.

Liquor licences        If you are planning to serve or allow alcohol to be consumed on premises, you will need an
                       on-licence. This licence authorises the holder to sell or supply liquor in an area defined by
                       the licence.
                       If you are opening a BYO-only food premises, you will require a BYO on-licence. This will allow
                       the consumption of liquor by persons who have brought the alcohol to the restaurant and are there
                       for dining. This licence also authorises the sale of food or hot beverages of which liquor is
                       an ingredient, provided they do not contain more than 14.33 per cent alcohol by volume.
                       Refer to section 3 for information on applying for your liquor licence.

Certificates           A manager’s certificate will be required where alcohol is consumed or sold on a premises (this
                       does not apply for BYO on-licences). Training in the Sale of Liquor Act 1989 must be completed
                       before you can apply for the manager's certificate. Refer to section 3 for information on applying
                       for your manager’s certificate.
                       You will also be required to submit a planning certificate and a New Zealand building code
                       certificate with the licence application. The planning certificate confirms that the proposed use of
                       the premises meets the requirements of the Resource Management Act 1991. The building code
                       certificate confirms that the proposed use of the premises meets requirements of the building
                       code. Planning and building certificates must be granted before you apply for your liquor licence.

Consents               If you are undertaking internal alterations for your licensed premises, you may require a building
                       consent, particularly if your work affects the structural integrity of the building or changes
                       the layout.

Other                  Outdoor seating licence and street trading permit. Contact the council on 09 379 2020
                       for further information.

Summary of what may    Food licence and an on-licence (for liquor)
be required            New Zealand Building Code, planning, and manager’s certificates
                       Building consent and resource consent

What is next?          •   Read the relevant sections.
                       •   Contact the council for advice.
                       •   Begin the application process.




                                                                  Food and liquor licence guide   Auckland City Council        4
2.3     Open a liquor store or wine shop

What may be required   Description

Liquor licences        If you open a liquor store, you will require an off-licence (for a premises). This licence authorises the
                       holder to sell or supply liquor for consumption off the premises. Drinking on these premises is
                       not allowed.

Certificates           A manager’s certificate will be required where alcohol is consumed or sold on a premises. Training
                       in the Sale of Liquor Act 1989 must be completed before you can apply for the manager's certificate.
                       You will also be required to submit a planning certificate and a New Zealand building code
                       certificate with the licence application. The planning certificate confirms that the proposed use of the
                       premises meets the requirements of the Resource Management Act 1991. The building code certificate
                       confirms that the proposed use of the premises meets the requirements of the building code. Planning
                       and building certificates must be granted before you apply for your liquor licence.

Consents               If you are undertaking internal alterations for your licensed premises, you may require a building
                       consent, particularly if your work affects the structural integrity of the building or changes the layout.
                       Changes to roofing and cladding systems, other than simple repairs, require a building consent.

Other                  Outdoor seating licence, street trading permit. Contact the council for further information.

Summary of what may    •   Off-licence.
be required            •   Manager’s certificate.
                       •   Planning certificate.
                       •   New Zealand building code certificate.
                       •   Building consent.
                       •   Resource consent.
                       •   Outdoor seating licence.
                       •   Street trading permit.

What is next?          • Read the relevant sections.
                       • Contact the council for advice.
                       • Begin the application process.



2.4 Open a catering company that serves alcohol

What may be required    Description

Food licences           If you are thinking about setting up a catering company, your premises must be registered.
                        Food cannot be produced in a home kitchen for sale.
                        You should contact the council on 09 379 2020 to find out if you are allowed to set up a food
                        premises in your area. The council’s planning team will advise you whether there are any parking
                        or other planning requirements for the area, including lighting, noise and air extraction, which may
                        affect neighbouring premises.
                        All food premises are subject to regular inspections and must meet food hygiene standards. To obtain
                        registration, at least one person working in your premises must hold a certificate in basic food safety.




                                                                 Food and liquor licence guide   Auckland City Council        5
What may be required   Description

Liquor licences        If you are a caterer, an endorsed off-licence authorises the sale or supply of liquor for functions or
                       events. Before you apply for your off-licence, you will need to obtain building and planning certificates
                       of compliance. This ensures compliance with the Sale of Liquor Act 1989 and the conditions of
                       the licence.

Certificates           A manager’s certificate will be required where alcohol is consumed or sold on a premise. Training in
                       the Sale of Liquor Act 1989 must be completed before you can apply for a manager's certificate.
                       You will also be required to submit a planning certificate and a New Zealand building code certificate
                       with the licence application. The planning certificate confirms that the proposed use of the premises
                       meets the requirements of the Resource Management Act 1991. The building code certificate confirms
                       that the proposed use of the premises meets the requirements of the building code.
                       Planning and building certificates must be granted before you apply for your liquor licence.

Consents               If you are undertaking internal alterations for your licensed premises, you may require a building
                       consent, particularly if your work affects the structural integrity of the building or changes the layout.
                       Changes to roofing and cladding systems, other than simple repairs, require a building consent.

Summary of what may    •   Food licence.
be required            •   Endorsed off-licence.
                       •   Manager’s certificate.
                       •   Planning certificate.
                       •   New Zealand building code certificate.
                       •   Building consent.
                       •   Resource consent.

What is next?          • Read the relevant sections.
                       • Contact the council for advice.
                       • Begin the application process.



2.5    Serve liquor to customers on a conveyance, eg vehicle or boat

What may be required   Description

Liquor licences        An on-licence (for a conveyance) is required if you plan on selling or supplying liquor in a conveyance,
                       for example a limousine, party bus, ferry, or a cruise vessel. If you are applying for this licence, your
                       application will need to include either of the following:
                       • a Safe Ship Management Certificate (for sea vessels)
                       • an Airworthiness Certificate (for aeroplanes)
                       • a Warrant of Fitness (for vehicles).

                       Included in your application should be:
                       • a written statement confirming the owner’s consent
                       • a layout plan of the conveyance.

                       Note: The liquor licence should be lodged with the district licensing agency (DLA) closest to where
                       the registered office of the company is located.

Certificates           A manager’s certificate will be required where alcohol is consumed or sold on a premise. Training in
                       the Sale of Liquor Act 1989 must be completed before you can apply for the manager's certificate.




                                                                 Food and liquor licence guide   Auckland City Council         6
What may be required    Description

Consents                If the applicant does not own the conveyance, you must receive written consent from the owner
                        and include this in your licence application.

Summary of what         •   On-licence.
may be required         •   Manager’s certificate.
                        •   Owner’s written consent.
                        •   Outdoor seating licence.
                        •   Street trading permit.

What is next?           • Read the relevant sections.
                        • Contact the council for advice.
                        • Begin the application process.



2.6     Serve liquor at a special event

What may be required    Description

Liquor licences         A special licence is required if liquor is sold or supplied to any people attending any "one-off" occasion
                        or event or series of occasions or events. It is required at any function where:
                        • no on-licence or club licence exists
                        • the caterer does not have an endorsed off-licence
                        • there are non-club members present on club-licensed premises
                        • the function is outside the hours or area authorised in an existing on-licence or club-licence.

                        Examples of these functions include birthdays, weddings, social gatherings, client functions and other
                        temporary bar set-ups. An example of a series of “one-off” functions would be a three-day event
                        where you may wish to sell or supply liquor, and will be required to apply for one special licence for
                        a series of days.

                        You are not required to hold a special licence if:
                        • you are supplying liquor to your guests in your own private residence
                        • your guests are bringing liquor to your own private residence.

Consents                If liquor is being served on a conveyance, eg on a boat or in a limousine, and the conveyance is not
                        owned by the applicant, you must receive written consent from the owner and include this in your
                        licence application.

Other                   Floor plan of the premises where liquor is being served.

Summary of what         •    Special licence.
may be required         •    Written consent.
                        •    Floor plan.

What is next?           •    Read the relevant sections.
                        •    Contact the council for advice.
                        •    Begin the application process.




                                                                  Food and liquor licence guide   Auckland City Council         7
2.7     Set up a bar at a clubroom for a social or sports club

What may be required     Description

Liquor licences          If you are a social club or sports club and you wish to sell or supply liquor for consumption on
                         the premises, then you will need to apply for a club licence.



Certificates             A manager’s certificate will be required where alcohol is consumed or sold on a premises. Training in
                         the Sale of Liquor Act 1989 must be completed before you can apply for a manager's certificate.

                         You will also be required to submit a planning certificate and a New Zealand building code certificate
                         with the licence application. The planning certificate confirms that the proposed use of the premises
                         meets the requirements of the Resource Management Act 1991. The building code certificate confirms
                         that the proposed use of the premises meets the requirements of the building code.
                         Planning and building certificates must be granted before you apply for your liquor licence.

Conditions of a ‘club’   All clubs must have a secretary, and any proceeds from the sale of liquor must belong to the club, not
                         to any one individual. If you do not own the premises, the owner's consent must be included with the
                         application. This licence is renewable after one year, then every three years after that.
                         Club licences are held by sports and social clubs, which must be incorporated societies. There must
                         be a person with a current manager's certificate nominated to be on duty.
                         Only club members, invited guests or those that have reciprocal rights, eg RSA, are permitted
                         at special licensed events.

                         Note: members of the general public cannot be permitted on the premises unless a special licence
                         application is applied for and approved.

Other                    Outdoor seating licence, street trading permit. Contact the council for further information.

Summary of what          •   Club licence.
may be required          •   Manager’s certificate.
                         •   Planning certificate.
                         •   New Zealand building code certificate.

What is next?            • Read the relevant sections.
                         • Contact the council for advice.
                         • Begin the application process.



2.8     Renew an existing licence or certificate

Renew                    Description

On-licence               An application to renew your licence should be lodged with the council 20 working days before
Off-licence              the expiry of the licence; however, renewal applications will be accepted up until the close-of-business
Club-licence             of the expiry date. If your licence expires, an application must be made for all new certificates.

                         Once your application has been accepted for lodgement, two public notices must be placed in
                         the newspaper within 10 working days.

                         Once an application is lodged for renewal, it keeps the licence current until a decision is made on
                         the renewal.

Food licence             Complete the application for renewal and return it with the fee by 1 September.
(annually)               Include copies of all food hygiene certificates with your application or, where your staff member/s
                         has/have trained with the council, record the certificate number on the application.



                                                                  Food and liquor licence guide   Auckland City Council          8
Renew                   Description

Manager’s certificate   If you are applying to renew an existing general manager’s certificate, two unit standards are required
                        (note: not required for a club-licence):
                        • 4646 (Sale of Liquor Amendment Act 1999)
                        • 16705 (host responsibility).

                        These unit standards can be acquired by completing the training in the Sale of Liquor Act.
                        The standards require 10 hours of study in addition to attendance to the training course, which
                        involves one-day training followed by a one-hour closed book examination the following week.
                        When you have gained these unit standards, you need to request a Licence Controller Qualification
                        (LCQ) application form from the Hospitality Standards Institute of New Zealand (HSI).
                        For further information, visit www.nzqa.govt.nz

                        Renewal applications must be made before the expiry date of your manager's certificate. If you do
                        not renew it before it expires, you will need to apply for a new manager's certificate. You need to
                        apply for renewal with the district licensing agency (DLA) for the area in which you are now working.
                        However, you should note that if you are not currently working in the hospitality industry on a
                        licensed premise, your application might be declined. If you are not currently working on licensed
                        premises, you need to apply to the DLA for the area in which you live.

                        • Applications take approximately six weeks to process.
                        • Once you have lodged your application for renewal it keeps the certificate current until a decision
                            is made.

                        All food premises and outdoor seating licences expire on 31 August each year and renewal applications
                        must be received by 1 September of that same year. If you currently hold a food premises licence,
                        you will be sent a renewal application form automatically to renew your registration for another year.



2.9     Retaining an existing licence (for a new owner)

Required                Description

Temporary authority     If you are a new owner of a restaurant, club, bar, or cafe, and the premises has a current licence,
                        you will be able to apply for a temporary authority. The temporary authority allows a new licensee
                        to operate an existing licensed premises and to trade, for a period up to three months, under the
                        licence’s conditions and terms. This gives the new licensee time to lodge a new application to be
                        considered by the district licensing agency (DLA). To issue a temporary authority a current licence
                        must be already in existence.

Provide the following   •    The application, completed, signed and dated.
with your application   •    A document showing ‘proof of tenure’ or ‘purchase agreement’.
                        •    A copy of the applicant’s general manager’s certificate or a copy of a general manager’s certificate
                             of any person who is employed by the applicant.

How to apply            1    Complete the liquor licensing temporary authority application form
                        2    Include all required supporting information as described in the application form
                        3    Send your application with the fee to:
                             The secretary
                             District licensing agency
                             Auckland City Council
                             Private Bag 92516
                             Wellesley Street
                             Auckland 1141




                                                                 Food and liquor licence guide   Auckland City Council        9
2.10 Opening or purchasing a non-food premises
When starting up a new business or purchasing an existing               •   a building officer should be contacted and a building
one, it always pays to check with the council if there could                consent application submitted if required
be any requirements such as consent applications (building              •   once the planners and builders have approved the
consents or resource consents) or health licences to apply                  activity, an environmental health officer should be
for or to renew. Once a suitable site for the business is                   contacted to arrange a health inspection and a health
determined, the prospective proprietor should speak to:                     license application submitted.

•   a planning officer to confirm that the proposed type of             Under the Health Act 1956 and council bylaws, the
    operation is permitted in the particular zone and if there          businesses listed below are required to be licensed with the
    are any requirements on operating hours, signs, car                 council and will be inspected by an environmental health
    parking, etc                                                        officer at least once a year.

 Types of Business            Requirements

 Camping grounds              All camping grounds must comply with the Camping Grounds Regulations 1985.

                              For detailed requirements, refer to the New Zealand legislation website: www.legislation.govt.nz

 Funeral homes                All funeral homes and funeral directors must comply with the Health (Burial) Regulations 1946.

                              For detailed requirements, refer to the New Zealand legislation website: www.legislation.govt.nz

 Hairdressers                 All hair salons are to comply with the Hairdressers Regulations 1980.

                              For detailed requirements, refer to the New Zealand legislation website: www.legislation.govt.nz

 Swimming, health and         Swimming, health and beauty facilities are to comply with part 5 of the Auckland City Bylaw 2002.
 beauty facilities            Premises that fall under this category include:
                              • bath houses
                              • beauty therapy clinics
                              • massage clinics
                              • swimming pools
                              • spa pools, including those provided at hotels and motels.


                              Check the council bylaw for the basic requirements for these facilities.

 Skin piercers                Skin piercers, acupuncturists and tattooists are to comply with part 17 of the Auckland City Bylaw
                              2002, which clearly sets out the requirements for premises doing skin piercing, acupuncture
                              or tattoos.

                              The basic requirements required by these facilities can be accessed through the council bylaw.




                                                                       Food and liquor licence guide     Auckland City Council      10
 Section 3: Obtaining a licence

3.1    Applying for your licence

On, off, club licence

Step

Step 1                  The first step is to obtain an application pack by:
Obtain an               • collecting it from one of our area offices (refer to sub-section 1.4)
information pack        • calling us on 09 379 2020 Monday to Friday, 7.30am to 6pm.

Step 2                  Showing evidence of criteria required to be met and making a public notification of an application
Gather all necessary    for on, off or club licences.
documentation           Include three copies of all documentation:
and serve public        • application form, signed and dated
notification            • copies of building and planning certificates once they have been issued by the council
                        • a scale plan drawn to draughtsman standards with dimensions and total area showing:
                           - the part of the premises to be used for the sale of liquor
                           - the main entrance
                           - any designated 'supervised' or 'restricted' areas as defined in the Act
                           - any proposed outdoor seating
                        • owner's consent if you do not own the premises
                        • a map showing the location of the premises
                        • exterior photograph or artist's impression showing the main entrance
                        • a sample of your menu
                        • the certificate of incorporation and details of directors and shareholders (if applicable)
                        • a brief written submission describing the way your business will operate
                        • host responsibility policy
                        • legal description or certificate of title of the premises.

Step 3                  Send your application, including the fee, to district licensing agency (DLA):
Send your application   Auckland City Council, Private Bag 92516, Wellesley St, Auckland.
                        Please make cheques payable to Auckland City Council.

Step 4                  Application processed:
Processing of           • investigation of entitlement made by reporting licensing inspection
the application         • police - all licence types
                        • licensing Inspector - all licence types except temporary authorities MOH - on and club
                          licences only
                        • reporting officers make recommendation to DLA (to grant or oppose)
                        • public may make objection under certain grounds
                        • DLA determine licence to be granted (if no opposition exists)
                        • application goes to LLA or DLA for hearing (if application is opposed).

Step 5                  Licence granted or refused.
Outcome




                                                                  Food and liquor licence guide    Auckland City Council     11
Special licence

    Step

    Step 1                      Complete the special licence application form

    Step 2                      Send your application, including all the required information and the fee to:
                                Auckland City Council, Private Bag 92516, Wellesley St, Auckland.
                                Please make cheques payable to Auckland City Council.


Note:
Some special licences are required to be advertised. In such             •   If you are applying for an on-licence for a conveyance, a
cases, two public notices must be placed in the newspaper                    layout plan of the conveyance must be included with
within 20 working days of your application being accepted                    your application.
for lodgement.
                                                                         •   Your application will be processed in 25 working days if
Below are a few additional points to consider:                               all the required information has been provided.

•     Before applying, you may need building and
      planning certificates.




3.2          Registering your food premises
All premises used for the manufacture, preparation, packing              This must be completed within 14 days of the purchase to
or storage of food for sale to the public must be registered             remain valid. The food premises licensing period runs from
by the local authority under the Food Hygiene Regulations                July 1 to June 30 of the following year. The fee is dependent
1974. All food premises are subject to regular inspection and            on the type of food prepared or sold, the level of cleaning
an annual renewal of registration.                                       and sanitising, and the number of people holding the basic
                                                                         food safety certificate.
You have two options to register your food premises:
                                                                         Registration of a
Registration under the                                                   food safety programme
Food Hygiene Regulations 1974
                                                                         Once a food safety programme (FSP) is registered, your
Your premises must comply with the structural requirements               premises are automatically exempt from the Food Hygiene
of the Food Hygiene Regulations 1974. You are required to                Regulations 1974. A registered FSP is based on the Hazard
fill in an application form for either:                                  Analysis Critical Control Point (HACCP) system. It can be
                                                                         registered and approved by the local public health unit. If
•     registration of a new food premises prior to opening               you need more information about registering a food safety
•     transfer of a licence into your name after purchasing an           programme you can contact the regional health unit food
      existing food premises.                                            safety officer on 09 623 4600.




                                                                        Food and liquor licence guide   Auckland City Council       12
3.3      Looking after your licence                                 Staff require clear instructions identifying and proactively
                                                                    dealing with potentially intoxicated persons. Your staff’s
Obtaining a licence is one part of the process, keeping the         ability to identify signs at the onset as opposed to the
licence is the other part. Below are some useful tips below on      escalation of intoxication is integral to meeting the
how to maintain your licence once it has been approved.             requirements of sections 166 and 167 of the act, prohibiting
                                                                    intoxication on licensed premises.
•   Have a duty manager on site at all times.
                                                                    Food
•   Provide adequate food at all times and have a good host
    responsibility policy.                                          A condition of your liquor licence is that food must be
•   Do not allow intoxicated persons on your premises.              available, and promoted by clear and well-positioned signs,
                                                                    at all times when the premises is authorised to be open for
•   Do not serve minors and ensure you check ID.
                                                                    the sale of liquor.
•   Ensure you have the required signage up.
•   Observe occupancy level and fire regulations.                   The range and style of food must be similar in style and
•   Assist the district licensing agency inspections, public        nature to that shown on the menu accompanying the licence
    health and police inspections.                                  application, or a range of snack foods in the nature of pies,
•   Attend alcohol forums and check the council website for         sandwiches, filled rolls and pizzas. A range is considered a
    newsletters to keep updated.                                    minimum of four-food options.
•   Get acquainted with the conditions of your licence.
                                                                    Note: you will require a separate food licence in addition to
•   Ensure you are familiar with the Sale of Liquor Act 1989.       your liquor licence.
•   Ensure your licences are kept current and you comply
    with any legal requirements.                                    Non-alcoholic beverages
•   Be a responsible licensee.                                      A condition of your licence requires that a reasonable range
                                                                    of non-alcoholic refreshments is available at all times when
                                                                    the premises open for the sale of liquor.
3.4      Host responsibility
                                                                    Low-alcohol beverages
Licensed premises are required to have a written host
responsibility policy. This policy should be made available to      Your premises should offer low-alcohol refreshments to
all staff and displayed in some form for both patrons and           patrons at all times. This also involves looking at how these
staff, ie a reduced version, often seen as a ‘house policy’.        non-alcoholic alternatives are promoted, eg whether they
                                                                    are promoted by signage, featured in the beverage menu,
You will need to address the following seven points in              or both.
your policy.
                                                                    Safe transport options
Minors                                                              Your premises should have strategies in place to ensure that
You need to ensure that all of your staff are aware of the          both staff and patrons get home safely from your premises,
designation of your premises. This involves determining who         eg actively promote hire-a-driver type schemes, make a
is allowed to drink on your premises. You need to ensure all        telephone readily available to arrange sober transport – taxi
staff are trained on their responsibilities under the Sale of       or private – a courtesy van, or operate a designated
Liquor (SOL) Act 1989 in relation to minors. This involves          driver scheme.
having appropriate signage displayed at every point of
service stating that you do not serve minors (people under          Liquor promotions
the legal drinking age of 18 years).
                                                                    Section 154a of the act provides for a fine not exceeding
                                                                    $5,000 for a licensee or manager who does anything in the
Intoxication                                                        promotion of the business conducted on the premises, or in
Staff must be trained in their responsibilities under the SOL       the promotion of any event or activity held or conducted on
Act to prevent intoxication on licensed premises.                   the premises, that is intended or likely to encourage persons
                                                                    on the premises to consume alcohol to an excessive extent.



3.5      Manager’s certificate
In addition to your liquor licence, a manager’s certificate will    It is important to complete the application form fully and
be required where alcohol is consumed or sold on premises.          include evidence of any training and experience that you
                                                                    have.
A manager’s certificate application must be submitted to
your local district licensing agency (DLA), which for Auckland      It is also helpful if you can provide a character reference. If
is the Auckland City Council. There is a standard application       you are applying for a club manager’s certificate, you must
form (at the end of this guide in section 8) that requests          also include evidence of your involvement in the
details of any relevant experience and training as well as          management and activities of the club.
other necessary information, eg any criminal convictions.


                                                                   Food and liquor licence guide    Auckland City Council         13
Note:                                                                Renewing your manager’s certificate
All new applications for general manager’s certificates
                                                                     A manager’s certificate is initially issued for a 12-month
require the applicant to hold the licence controller
                                                                     period and is usually renewed every three years.
qualification
                                                                     It is the responsibility of the holder of a manager’s certificate
                                                                     to ensure that a renewal application is lodged in time.
Manager’s certificate process
The council will refer your manager’s certificate application        The process for renewal of a manager’s certificate is similar
to the licensing inspector and the police. The council must          to the application process. The application is referred to the
have regard to the following matters when considering an             licensing inspector and the police and if there are no matters
application for a manager’s certificate:                             raised in opposition, the council will renew the certificate.
• the applicant’s character and reputation
• any criminal convictions                                           If there are any matters raised in opposition, the council will
• experience, in particular recent experience, in the control        refer the application to the Liquor Licensing Authority.
    of a licensed premises
• training, in particular recent training, that the applicant
    has undertaken
• issues raised by the reports from the inspector and
    the police.

For a club manager’s certificate application, the council will
also consider your involvement in the club’s activities.

If there are no objections from the inspector or the police
and the council is satisfied that you meet the above criteria,
it will issue the manager’s certificate. If there are any
matters raised in opposition by the inspector or the police,
the council will refer the application to the Liquor Licensing
Authority for determination.


3.6     Visits from regulatory agencies
From time to time you may receive visits from statutory              •   dangerous goods inspector
agencies monitoring your premises to ensure compliance               •   health and safety officer
with the conditions of your liquor licence. The agencies             •   smoke-free officer
involved are:                                                        •   gaming compliance inspector (from the Department of
                                                                         Internal Affairs).
•   Auckland City Council (acting as the district
    licensing agency)                                                You are entitled to an explanation of any requests or
•   police                                                           requirements that they have, and they should be able to
•   Ministry of Health (the Public Health Service).                  provide you with written justification for any actions they
                                                                     require. You are also entitled to request a copy of any forms
An inspector or representative of a regulatory agency should         filled out by the police or inspectors on a premises visit.
make themselves known to the manager of the premises and
carry identification. It is in your best interests to be             Maori wardens have specific powers constituted under the
courteous and cooperative with any inspectors.                       Maori Community Development Act 1962 to limit behaviour
                                                                     on licensed premises.
They will try to carry out their duties with as little disruption
to your business as possible.                                        A Maori warden may at any reasonable time enter any
                                                                     licensed premises in any area where they are authorised to
Often they will make an appointment before they visit but,           carry out their duties and warn the licensee or any servant of
because of the nature of their visits, that is not                   the licensee to abstain from selling or supplying liquor to any
always possible.                                                     Maori who, in the opinion of the warden, is in a state of
                                                                     intoxication, or is violent, disorderly, or is likely to become
On occasion, your premises will be visited, for a number of          so, whether intoxicated or not.
reasons, by other inspectors or officers of the council or
other regulatory agencies.

They may include:
• health inspector
• fire service




                                                                    Food and liquor licence guide    Auckland City Council         14
 Section 4: Obtaining a resource consent

A resource consent may be required if your project involves building a retaining wall, shed, fence or
deck, building in a heritage zone, diverting water courses, and in many other cases. Please contact
the council’s planning helpdesk on 09 353 9356 to find out if your work will require a
resource consent.
Note:
There are charges involved in processing resource consent applications. Please refer to the fee schedule in sub-section 6.1 for more
information on fees and charges.



4.1    Resource consent process
The first step in the resource consent process is to contact a                    If the application is non-notified, it will be reviewed by the
professional consultant or the council about what you want                        relevant specialists and then a council officer will determine
to do. You may be eligible for a pre-lodgement meeting.                           whether consent should be granted or not. Once the decision
Please refer to sub-section 4.5 for more information.                             is made, you will be notified in writing. If you disagree with
                                                                                  the final decision, you have the right of objection (to the
There are two types of resource consents: land-use or                             council) or to an appeal (to the Environment Court).
subdivision. Once your subdivision or land-use consent
applications have been lodged, they are evaluated by council                      The length of time taken to process a resource consent
staff to determine whether the application should be                              application depends on whether it is notified or not. If a
notified or non-notified. When a resource consent                                 resource consent can be processed without being notified,
application is notified, details about that application are                       your application will take a maximum of 20 working days to
publicly advertised and sent to any relevant interest groups                      process, if all necessary information is provided with the
as well as anyone who has been identified as being directly                       application, and depending on the complexity of the project.
affected by the proposal. Notification is intended to give the
public the opportunity to have their say on the activity                          However, if a consent needs to be notified, it will take
proposed in the resource consent application.                                     substantially longer to process. In times of high workload,
                                                                                  processing times may be extended, so please plan ahead.


                                                           Contact the council
                                                           or a consultant


                                                           Prepare application
                                                           material


                                                           Lodge application for
                                                           resource consent


                                                           The council decides
                      Non-notified                         whether application is to                  Notified
                                                           be non-notified, publicly
                                                           notified or notified only to
                                                           affected parties

                      The council makes a                                                             The council receives
                      decision on consent and                                                         submissions and may hold
                      includes any conditions                                                         a hearing, then makes a
                                                                                                      decision on consent and
                                                                                                      includes any conditions




                                                Upon approval, a 15-day appeals period follows.
                                                You may also object to the council or appeal to the
                                                Environmental Court


Note:
Processing time depends on the quality and completeness of information and documents that have been submitted by the
applicant. If the council requests additional information, the application is put on hold until the requested information has
been received.

                                                                                 Food and liquor licence guide       Auckland City Council      15
4.2     Responsibilities in the resource consent process
When your developments involve subdivision or land-use                    A professional consultant helps to make the consent process
consents, different parties are responsible for each stage of             simpler, by assisting you through the consent and
the process. These parties include you as the owner or                    compliance process (please refer to sub-section 4.10 for
developer, the council, and professional consultants.                     more information on using professional consultants).

Owner or developer                                                        Auckland City Council
The owner or developer is responsible for putting together                The council has responsibilities right throughout the consent
the proposal for the project and organising the correct                   process. The council is responsible for processing your
information for the consent application. Once consent has                 consent application and for monitoring the conditions of
been granted, the owner or developer is responsible for                   your consent to ensure compliance with the Resource
ensuring works are done according to their consents, and any              Management Act 1991 and the district plan.
relevant regulations.

Professional consultants
Professional consultants are responsible for assisting the
owner or developer in the proposal and consent
application stages.

                                                             Who is responsible

              Owner/developer                           Professional consultant                                Council

                      Proposal (including investigation and design)
                        and official requirements and obligations
              Compiling the correct information for the consent application                    Assessment of proposal
                                  (resource or building)
                            Application for resource consent                                   Processing consent

      Construction to Resource Consent conditions and other act and/or regulations

                                                        Construction monitoring

                                                                                               Compliance certification, eg 224c

                                                                                               Monitoring of conditions of consent
                                                                                               (for land-use only)
                                                                                               Enforcement of breaches of building act,
                                                                                               building code, resource management act
                                                                                               and district plan

Note:
The code 224c refers to a certificate which ensures compliance with section 224 of the Resource Management Act 1991 (refer to
section 8 for your 224c application form).


4.3     Assessment of Environmental Effects (AEE)
Preparing an AEE report is the first and most important step              •   reductions in privacy
when putting together your subdivision or land-use consent                •   character effects
application. The report is required to detail the effects your            •   infrastructure capacity
proposed activity will have on the environment. It is worth               •   flooding
looking at the terms effects and environment carefully,                   •   stability.
because under the Resource Management Act 1991 they
both have wide-reaching definitions. For a full definition of             Effects can be for a short or long term and will differ for each
effect and environment, see section 2 of the Resource                     proposal. The purpose of an AEE is to provide sufficient
Management Act 1991.                                                      information to enable an assessment of the likely impacts of
                                                                          the proposal.
Effects can be positive or negative and may include:
• noise                                                                   The environment is very broadly defined under the resource
• increased traffic or parking                                            management act and not only applies to air, land and water,
• overshadowing of properties                                             but also to ecosystems, people and communities.
• visual effects

                                                                         Food and liquor licence guide   Auckland City Council         16
How do I prepare an AEE?                                                You can find more information about what you need to
                                                                        consider when preparing an AEE on the resource consent
If you are uncertain about what to do, please ask for                   application form (in section 8 of this guide).
assistance from the council planners or engage a consultant
to prepare an AEE for you. It is not the role of the council
planners to prepare your AEE.


4.4     Affected persons’ approval
If there are persons or property that may be actually or                The council will also assess if any person or additional people
potentially adversely affected by the proposal, you will need           are adversely affected by the proposal. It is important that
to obtain their written approval before you lodge the                   any approval obtained is unconditional. This means that if an
application with the council. This involves approaching both            affected person gives you their written approval on the plans
the landowners and occupiers with full information and                  submitted with the application, and makes that approval
plans of the proposal for their consideration. If you have              subject to an understanding on another issue, or requires you
undertaken any consultation with any person or group,                   to change your proposal, this must form a separate
include the details and results in your AEE. If an affected             agreement between the two parties. The council will not
person does not give approval to the proposal, this may                 accept any form of conditional approval and will not enforce,
affect the way that the application is processed.                       or get involved in, any private agreement.

If you need to do any work on someone else’s property, eg               Please note that obtaining the written approval of any
construct private drainage through a neighbour’s property,              person is the responsibility of the applicant and not the
you will be required to supply their consent with your                  council.
application.


4.5     Pre-lodgement meeting
If your project is large enough, you may be eligible for a pre-         •   involve the relevant specialists up-front to provide
lodgement meeting. For example, activities such as building                 advice
a shopping mall, apartment complex, land-use consent                    •   identify the complexity and risks of your proposed
involving more than four residential units, or combined land-               consent application
use and subdivision applications, may warrant such a                    •   explain our processing timeframes and requirements
meeting. A pre-lodgement meeting is a meeting between                   •   provide you with clear instructions to ensure your
yourself, your professional consultants, and the relevant                   application is complete.
council processing staff and specialists to review your
application and provide you with advice prior to the                    Pre-lodgement meetings will incur a charge. For more
application being submitted.                                            information see the fees schedule of section 8 of this guide,
                                                                        or contact the council on 09 379 2020.
The pre-lodgement meeting enables the council to:
                                                                        For more information on pre-lodgement meetings go to
•   review your draft application and supporting materials              www.aucklandcity.govt.nz/building


4.6     How to apply
To get a resource consent you first need to fill in a consent application form (found under section 8 of this guide).

Once you have prepared all of the application materials you             against our checklists (refer to section 8 of this guide for the
will be ready to lodge your application with the council.               application checklists). An incomplete application or lack of
Applications are lodged by mailing the application in, or by            any supporting information will mean that your application
dropping the application off. It is important to note that              will not be accepted.
whatever method of lodgement you choose you must check
your application and documentation for completeness


 Lodging your application


 By mail or drop-off
 Whether you choose to submit your application by mail or leave an application with us, you will be advised whether your
 consent application will be accepted for lodgement or if more information is required. If more information is required,
 the application will be sent back to you with an explanation of the requirements for that additional information.

 The appropriate fee must accompany all resource consent applications or the application will not be accepted for processing
 (refer to section 6 for information on fees charged).


                                                                       Food and liquor licence guide   Auckland City Council         17
4.7     Duration of consent
Once your subdivision or land-use consent is granted, you          The provisions are set out in section 125 of the Resource
have a specific time within which to build or establish what       Management Act 1991.
has been approved.
                                                                   For a land-use consent, ‘given effect’ means that all works
A subdivision or land-use consent lapses five years after the      have been completed such that the activity is established or
date it commences (generally the date that it has been             the buildings built.
granted), unless you have given effect to your consent.


4.8     Land-use consent monitoring
If you successfully obtain a land-use consent, you should be       Monitoring land-use consents enables the council to
aware that, under the Resource Management Act 1991                 determine if land-use consent holders are fulfilling the
(RMA), the development and observance of conditions                conditions of their consent. It also enables the council to
imposed will be monitored by the council.                          monitor the impact of development on the environment.

The RMA does not specify the actual extent to which                For subdivision consents, the monitoring is done through the
monitoring must take place, but it must be an ongoing              224c process, where all the conditions will be checked for
process that is enough to ensure that authorities are fulfilling   compliance and signed off as appropriate.
their duties under the act.


4.9     Appeals to the Environment Court
If you disagree with the final decision, you have the right to     council or any part of the decision. Anyone considering
an appeal to the Environment Court.                                lodging an appeal is encouraged to obtain legal advice before
                                                                   proceeding.
The Resource Management Act 1991 (RMA) sets out the
procedures that must be followed where anyone who wishes           For more information, refer to the regulations section in
to appeal to the Environment Court against a decision of the       the RMA.


4.10 Streamlined process
The council has a streamlined process for handling land-use        This ensures that incoming applications can better comply
consents for those that require a faster service. (The             with the requirements, significantly improving the council’s
streamlined process is not available for subdivision               ability to process non-notified resource consents within the
consents).                                                         statutory 20 working day timeframe. You can only lodge an
                                                                   application by the streamlined process via one of the
The streamlined process can only be used by engaging the           council’s recognised planning consultants.
services of a recognised planning consultancy.
                                                                   For more information about these consultants, contact the
The service includes a standardised land-use consent               planning helpdesk on 09 353 9358, or visit the section on
application format, available for use by recognised planning       our website:
consultants who have attended a workshop run by the                http://www.aucklandcity.govt.nz/council/services/
council to ensure an in-depth understanding of the required        resourceconsents/streamline.asp
format and minimum information requirements.


4.11 How to avoid processing delays
You need to provide all necessary information on your              To be fair to those who do get it right first time, council staff
consent at the outset to reduce confusion, delay and cost, so      do not accept applications that have information missing.
that the council can process your application more rapidly         On the next page are some helpful tips on how to avoid
when all critical information is present.                          processing delays.




                                                                          Food and liquor licence guide    Auckland City Council18
    How to avoid processing delays
    1 Supply all required documentation and details of your project, such as:
      • have enough copies of plans and ensure they are in the correct format
      • flood reports
      • soakage reports
      • clearly shown boundaries on plans
      • neighbours’ approval
      • arborists’ reports
      • vehicle manoeuvring or parking details
      • wastewater, stormwater or other drainage details
      • certificate of title and copies of any legal instruments such as consent notices
      • Assessment of Environmental Effects report.
    2 Ensure that calculations and details are correct, eg development controls correct.
    3 Check the relevant parts of the district plan.
    4 Consider the effects on adjoining sites.
    5 Get the appropriate consents before you start, and work to them.
    6 Ask the council for help or get independent, professional advice, and get it early.
    7 Apply for a land-use consent before applying for your building consent (if applicable).
    8 Ensure that your site services design is in accordance with the council’s Development and Connection Standards Manual.



4.12 Further district plan considerations
Below you will find further details to consider when putting                •   evidence you have consulted with the Historical Places
together your consent applications. Note that there are                         Trust about your building and proposed development.
many more considerations outlined in the district plan, but
these are just the more common ones. For more information,                  Note:
contact the council or your professional consultant.                        Subdivision rules are generally stricter, with larger lot sizes
                                                                            required.
Flood plains or overland flowpaths
                                                                            Contact the council on 09 379 2020 to find out if your site is
When you are considering a site for development, you need                   in a heritage zone.
to be aware of any potential for flooding from floodplains or
overland flowpaths. Most urban areas of the city have
established flowpaths and council engineers can advise you                  Protected tree requirements
on their location. If there is an overland flowpath or flooding             The council protects native and exotic trees of a certain size,
hazard on the site where you want to build or subdivide, the                or if they have been specifically scheduled through rules in
council may require that you have it properly assessed by an                the district plan.
engineer and include protection of the flowpath in your
design. Redirecting a flowpath will require a resource                      You are allowed to carry out minor pruning or trimming of
consent.                                                                    protected trees using only hand-operated tools, ie not a
                                                                            chainsaw, so long as you do not significantly alter the height
Heritage zone requirements                                                  or shape of the tree.
The character of certain areas is so special that it warrants its           All other work to protected trees requires resource consent,
protection. This has resulted in a series of special character              particularly for substantial work that may destroy or cause
zones being identified in the district plan (namely the                     irreparable damage.
residential 1 to 4 zones).

In these zones, altering an existing building or constructing a             Special land features and general limitations
new building requires a land-use consent to assess the design               In addition to the standard district plan rules that apply to a
and appearance of the proposed work.                                        particular zone, there may be additional rules that
                                                                            specifically apply to your property. For information regarding
If your development is within a heritage zone, we require the               this we recommend you to contact the council’s planning
following:                                                                  helpdesk on 09 353 9356.

•     information on the materials you plan to use in the                   For more information on the district plan in your area, go
      building and construction process. You also need to                   to our website:
      identify the cladding and window joinery you plan to use.             www.aucklandcity.govt.nz/council/documents/district
      Traditional materials are typically considered to include
      corrugated steel sheets, timber shingles, timber
      horizontal or vertical weatherboards and timber joinery

                                                                           Food and liquor licence guide    Auckland City Council             19
 Section 5: Obtaining a building consent

This section provides information on the building consent process. Not all work requires a building
consent: basic projects such as laying a patio or installing kitchen cupboards do not require a
building consent. However, most building work does require one in order to comply with the
standards set out by the New Zealand Building Code. For example, if you plan to make structural
changes, alterations or additions to your building, you require a building consent.

If your project involves building a fence, deck, garage, retaining wall or swimming pool, you may
require a building consent. Please contact the council’s building helpdesk on 09 353 9358 to find
out if your project requires a building consent.

Note:
There are charges involved in processing building consent applications. Please refer to the fee schedule in sub-section 6.1 for more
information on fees and charges.



5.1    Building consent process
The building consent process begins with you contacting a              Using the information that you provide in your application,
professional consultant or the council with what you want to           our staff will assess your application for compliance. They
do. The council will assess your eligibility for a pre-                will then be able to issue you with a building consent, or
lodgement meeting and subsequently you will be able to                 advise you of any additional information needed in order to
lodge your application.                                                approve the application.

The flowchart below outlines the process from the                      Note:
lodgement of the consent through to the certification of the           You may be eligible for a pre-lodgement meeting. Contact
building works after the works have been completed. The                the council on 09 379 2020 or see sub-section 5.3 for
process involves the input of a number of our staff.                   more information.

They are trained professionals with backgrounds covering a
range of building disciplines including architecture,
engineering, plumbing and construction.


The building consent process

                                                                               Within 12 months of consent
                                                                               being granted

                                  1 Prepare application                        6 You advise council when
                                    materials and lodge                          work begins



                       20         2 Documentation checked                      7 Inspections are done
                   working days     for completeness                             and approved


                                                                               8 Final inspection approved
                                  3 Assess for
                                    code compliance


                                                                               9 Application for Code
                                  4 Consent and/or PIM                           Compliance received
                                    granted then issued

                                                                               10 Code Compliance
                                                                                  Certificate issued


Note:
Processing time depends on the quality and completeness of information and documents that have been submitted by the
applicant. If council requests additional information, the application is put “on hold” until the requested information has
been received.

                                                                      Food and liquor licence guide        Auckland City Council   20
5.2     Responsibilities in the building consent process
If your development involves a building consent, different               A professional building consultant has many roles – they
parties have different responsibilities at each stage of the             may be a council agent, building inspector or processing
project. These parties include you as the owner or developer,            contractor. They are there to assist but ultimate
the council, and professional consultants.                               responsibility always rests on the owner or applicant.

Owner or developer                                                       Auckland City Council
The owner or developer is responsible for putting together               The council has responsibilities throughout the consent
the project proposal and organising the correct information              process. The council is responsible for processing your
for the consent applications. Once consent is granted, the               consent and your compliance certification applications.
owner or developer is responsible for ensuring works are                 The council will also monitor the conditions of your consent
conducted with the consented plans and are compliant with                to ensure compliance with the building act, New Zealand
the New Zealand Building Code.                                           building code, resource management act, and the
                                                                         district plan.
Professional consultants
                                                                         Note:
Professional consultants are available to assist the owner or
                                                                         The council may use approved contractors during the
developer in the proposal and consent application stages.
                                                                         assessment and monitoring stages of the application.


Building consent process
                                                           Who is responsible

              Owner or developer                            Professional consultant                     Auckland City Council

                        Proposal (including investigation and design)
                          and official requirements and obligations
               Compiling the correct information for the consent application                     Assessment of proposal
                                  (building or resource)
                  Application for Project Information Memorandum (PIM)                           Processing consent

        Application for resource consent if building consent issued with a Section 37

           Construction to building consent, Building Code and other legislation

                                                        Construction monitoring

 Application for Code Compliance                                                                 Building inspections
 Certificate (CCC)
                                                                                                 Compliance certification, eg CCC

                                                                                                 Ongoing monitoring of conditions of
                                                                                                 consent
                                                                                                 Enforcement of breaches of building
                                                                                                 act, building code, resource
                                                                                                 management act and district plan



5.3     Pre-lodgement meeting
If your project is large enough, you may be eligible for a pre-          •   identify the complexity and risks of your proposed
lodgement meeting. A pre-lodgement meeting is a meeting                      consent application
between yourself, your professional consultants, and the                 •   explain our processing timeframes and requirements
relevant council processing staff and specialists, to review             •   provide you with clear instructions to ensure your
your application and provide you with advice prior to the                    application is complete.
application being submitted.
                                                                         Pre-lodgement meetings will incur an additional charge.
The pre-lodgement meeting enables us to:                                 For more information, please refer to the fees pamphlet in
• review your draft application and supporting materials                 section 8 of this guide.
• involve the relevant specialists up-front to
   provide advice

                                                                        Food and liquor licence guide    Auckland City Council         21
You may benefit from a pre-lodgement meeting if your project includes:
For the Auckland region (Isthmus)                                     For the Hauraki Gulf Islands
•     New floor area of proposed works is in excess of 1000 m . 2
                                                                      • Multiple units involved.
•     Four or more household units are planned for one site.          • Re-cladding involved.
•     The application relates to staged works.                        • Value or cost of the development is greater than
                                                                        or equal to $500,000.
•     Estimated value of proposed works is in excess of $4 million.   • All commercial applications.

For more information on pre-lodgement meetings go to www.aucklandcity.govt.nz/building


5.4      How to apply
To get a building consent you first need to contact the                A front of house staff member at our Graham St service
council on 09 379 2020 to see if you are eligible for a pre-           centre will check your consent application to ensure that you
lodgement meeting. Once the pre-lodgement meeting has                  have included all the required information. At the time of
been conducted, you need to fill in a consent application              your appointment, please check in at our front of house
form (found under section 8 of this guide).                            reception. This screening is not a full technical assessment
                                                                       but rather a test of adequacy, ie whether your application
Once you have prepared all of the application materials for            contains all the types of information and basic detail needed
your application, you will be ready to lodge this with the             in the correct format.
council. Applications are lodged by mailing the application in,
by dropping the application off, or by making an                       Consent fees are calculated according to our fee schedule in
appointment with the council. It is important to note that             section 6 of this guide. Please note that your application will
whatever method of lodgement you choose you must check                 not be lodged until the fee has been received.
your application and documentation for completeness
against our checklists, as an incomplete application or lack of        Lodging your application by mail or drop-off
any supporting information will mean that your application
will not be accepted.                                                  When you choose to submit your application by mail or
                                                                       leave an application with us, you will be advised whether
                                                                       your consent application will be accepted for lodgement or if
Lodging your application by appointment
                                                                       more information is required. If more information is required,
You can book an appointment during working hours by                    the application will be sent back to you with an explanation
ringing us. Please note that the lodging process can take up           of the requirements for that additional information.
to 45 minutes and your appointment slot will allow for this
length of time. Appointment times are available Monday to              Note:
Friday between 8am and 3.30pm. Please allow at least two               The appropriate fee must accompany all building consent
working days notice for your appointment.                              applications or the application will not be accepted
                                                                       for processing.

5.5      Project Information Memorandum (PIM)
If you are undertaking a project that may require a building           You will need a PIM for all building work that requires a
consent, you should consider applying in advance for a                 building consent, as a building consent cannot be granted
PIM report.                                                            unless a PIM for that building work has been issued.

A PIM is a report prepared by the council, at your request,            For major developments, new houses, large alterations and
and provides information on:                                           new commercial or industrial buildings, applying for a PIM at
                                                                       an early stage will be useful in establishing the feasibility and
•   whether a resource consent is required                             design of the project. For smaller works, applying for the PIM
•   whether other restrictions affect the site, eg heritage            with your building consent application is acceptable.
    requirements
•   whether the land has special features, eg erosion or is            A PIM is not an authorisation to start work. You must wait
    affected by contamination                                          until the building consent has been issued to begin any work
•   details of surface water and wastewater                            on your project.
•   whether a development contribution fee is required
•   requirement for assessment by the New Zealand Fire                 If you are applying for a stand-alone PIM, you need to ensure
    Service, Design Review Unit                                        that all the information requested is included when you
•   recent alterations to the land, eg alterations to land             submit the application to avoid a delay in processing. You
    contours, new or altered access for vehicles, new or               can find a PIM application form in section 8 of this
    altered connections to public utilities, or building work          information guide. The application form includes details
    over drains or sewers                                              of the information you need to provide.



                                                                      Food and liquor licence guide    Auckland City Council         22
5.6     Duration of building consent
A building consent lapses and is of no effect if the building            You are required to complete your building works and apply
work to which it relates does not start within:                          for a Code Compliance Certificate within 24 months of the
                                                                         date of granting of the building consent.
(a) 12 months after the date of issue of the building consent
    or:                                                                  If you wish to extend either period of validity, you must do
(b) any further period that the building consent authority               so before the consent lapses and pay an application fee.
    may allow.


5.7     How to avoid processing delays
You need to provide all necessary information on your consent at the outset to reduce confusion, delay and cost so that the council
can process your application more rapidly when all critical information is present.

To be fair to those who do get it right first time, council staff do not accept applications that have information missing.
Below are some helpful tips on how to avoid processing delays.

 How to avoid processing delays
 Supply all required documentation and details of your project, such as:
 • have enough copies of plans and ensure they are in the correct format
 • flood reports
 • soakage reports
 • clearly shown boundaries on plans
 • neighbours’ approval
 • arborists’ reports
 • vehicle manoeuvring or parking details
 • wastewater, storm water or other drainage details.
 Apply for a resource consent before applying for your building consent (if applicable).
 Ensure all calculations and measurements are correct and that there are no errors.
 Check the relevant parts of the district plan.
 Consider the effects on adjoining sites, eg if you have a related resource consent.
 Get the appropriate consents before you start, and work to them.
 Ask the council for help, or get independent, professional advice, and get it early.
 Apply for a PIM before the building consent.
 Ensure that your site services design is in accordance with the council’s development and connection standards.



5.8     Building inspections and compliance
Inspections                                                              We recommend that you discuss your programme with the
                                                                         building inspector at your first inspection.
After you have obtained a building consent and have started
building, inspections are carried out during various stages of           If your project passes the final inspection, the inspector will
the process to ensure that each stage of your project                    forward all documentation to the Building Consent
complies with the building consent and the New Zealand                   Authority and you will need to apply on the prescribed form
Building Code. General inspection requirements will be listed            to get a Code Compliance Certificate (CCC) issued
on your building consent. You can book an inspection                     (see sub-section 5.9). If it does not pass the final inspection,
anytime by calling 09 353 9120. You should forward plan                  you may receive a notice to fix. If you receive a notice to fix
your building work and book in advance to ensure that you                you are required to rectify the identified defects in the
can get an inspection when you need it, to avoid delays                  notice. Once the defects are rectified, inspected, and any
on site.                                                                 additional costs paid, you can apply to get a CCC issued.
You must book inspections and have them passed before you                If you miss the key inspections, it may be difficult for the
progress to the next stage of your building works. The                   council to be satisfied that your works comply with your
council will provide an indicative guide of the number of                approved plans and the New Zealand Building Code.
inspections and the types of inspections in your consent.
Depending on your work programme, you may require
more inspections.



                                                                        Food and liquor licence guide   Auckland City Council           23
This could prevent you receiving a Code Compliance                •   advise the council or your council-approved contractor
Certificate for your project.                                         when you have completed the work by completing and
                                                                      filing the “Code of Compliance Certificate” application
Please contact the council or visit our website for more              form attached to your building consent and by booking a
information about the inspections process:                            final inspection.
http://www.aucklandcity.govt.nz/council/services/
inspections/default.asp

Compliance
Upon being granted a building consent for your project, you
will need to comply with any conditions specified by the
consent. Some additional requirements that you will need to
comply with are as follows.

•   You must provide the council with two days notice that
    you intend to start work before you begin if you have
    also obtained a resource consent for the project. You
    must provide a minimum of one day’s notice to have
    your work inspected before you cover in or close any of
    the following:
    - plumbing or drainage, excavations and reinforcing
        steel for foundations, timber framing and bracing
        elements, cladding or insulation material, and other
        work where your consent is subject to inspection




5.9    Code Compliance Certificate (CCC)
At the end of the project, you should arrange a final             Please send completed applications to:
inspection for a CCC.                                             Auckland City Council
                                                                  Attn; Code Compliance Team
A CCC is issued after the final inspection of the finished        Private Bag 92516, Wellesley Street
                                                                  Auckland 1141
building project and an assessment of the inspection records
                                                                  Fax: 09 353 9361
and supporting documentation has been conducted. It
confirms that the Building Consent Authority is satisfied that    Note:
the completed building work complies with the
                                                                  The CCC should be issued within 20 working days from date
building consent.                                                 of receiving the application, provided all required
                                                                  information has been received and the final inspection has
You will need to apply for a CCC for all consented works. An      been passed. Delays in receiving information required,
application form is included in section 8 of this                 money owed, or the failing of the final inspection will cause
information guide.                                                delays in issuing the CCC.




                                                                 Food and liquor licence guide   Auckland City Council       24
 Section 6: Fees and charges

6.1     Fees and charges
The council has standard fees in place for many licences as        •   Some applications for building consent may also require
guided by legislation, eg the Sale of Liquor Act 1989.                 a resource consent, in which case additional fees under
                                                                       the Resource Management Act 1991 will be payable.
For a detailed schedule of fees related to licences, please        •   Additional building inspections or re-inspections when
refer to the fees pamphlet at the start of section 8.                  work is not ready or is non-complying will be
                                                                       charged separately.
The council has specific charges for many of the consents          •   The processing of complex and significant applications
that are processed. This means that, in many cases, we will            or those where specialist input is required will be
be able to determine the full costs for your licence or                subject to additional fees and will be priced by
consent when the application is lodged.                                individual quotation or a deposit plus invoice.
                                                                   •   The council reserves the right to make additional
In some cases, such as when a resource consent needs to be             charges where the application differs substantially from
notified, when specialist input is required, or when a hearing         that originally represented or assessed, or where
needs to be held, additional charges may apply. The council            processing has incurred significantly greater cost to
will inform you of these charges when necessary so that you            the council.
are aware throughout the application process.                      •   Any application that is staged, or seeks multiple
                                                                       consents, will have fees charged for each stage
Please note that the actual fee charge depends on a range of           or consent.
factors such as size, complexity, and the process required for
your application. Also note that fees are subject to change.       For a detailed schedule of fees and charges, please refer to
                                                                   the fees pamphlet at the start of section 8 (Application
Some additional details to note about consent application          materials).
fees are as follows.


6.2     Development contributions
Auckland’s population is increasing and there is a significant     The charges depend on the type of development, where it is
amount of commercial development in the city. With growth          within the city, and when the required consents were
comes a great deal of opportunity, but it also brings              accepted for lodgement. A consent application may be
increased costs to manage the growth of the city. We must          subject to the 2005, 2006, 2007, or 2008 policy.
ensure that we provide the assets and services needed for
Auckland to remain a great place to live and work as the           You can see which policy applies if you know when the
city grows.                                                        required consents were accepted for lodgement. The policy
                                                                   is also likely to change in future. Some consents will also be
Most of these costs are met from three complementary               subject to financial contributions.
funding sources: rates, development contributions and
financial contributions.                                           Development contributions are not currently required for
                                                                   normal residential extensions or alterations to an existing
The council has required financial contributions to be paid        dwelling such as decks, swimming pools or extra rooms,
for some developments for many years. These are charged            unless these create an additional household unit or alter
under rules in the district plan, as provided for in the           a feature that was used to claim an earlier reduction. For
Resource Management Act 1991.                                      example, adding a basement flat, or adding another bedroom
                                                                   to a unit that previously paid the reduced one-bedroom unit
The council has also required development contributions to         charge, will be subject to development contributions.
be paid for some developments since July 2005. These are
charged under a development contributions policy, as               What will the contributions be spent on?
provided for in the Local Government Act 2002. This policy
helps to recover some of the costs of growth associated with       Revenue from development contributions will be spent
increasing the capacity of the city's infrastructure, including    on projects that provide additional capacity to meet the
open spaces, community facilities and the stormwater and           demands of growth.
transport networks.
                                                                   This can include growth costs for:
What are the charges?                                              • storm water, eg new and upgraded storm water drains
                                                                   • community facilities, eg community centres, libraries,
If you are considering any development work, we                        cultural facilities
recommend that you or your professional advisers consult           • open space, eg the purchase of land for parks
the appropriate full policy to ensure you understand how               and reserves
development contributions may be applied.                          • transport, eg providing more lanes for cars and buses,
                                                                       and cycle ways and walkways.
Both residential and non-residential developments have
been subject to development contributions since 1 July 2005.
This includes developments in the central business district        Note:
(CBD). Development contributions were introduced from              As growth is occurring across Auckland, these projects will
1 July 2008 for residential developments on the Hauraki            take place throughout the city.
Gulf Islands.

                                                                  Food and liquor licence guide   Auckland City Council           25
 Section 7: Additional resources

7.1     Relevant legislation or regulations
The following lists the legislation or regulations you may have to consider as part of your project. You can view these acts at
www.legislation.govt.nz, at your local library, or from the Citizens Advice Bureau.


 Word                                Definition

 Auckland City Council’s             The council’s district plan is a set of maps, policies and rules that sets out the activities
 district plan                       permitted on any land in the city, and the conditions under which these activities are
                                     permitted. It also details which activities require resource consent, and under which conditions
                                     these can be approved.
                                     www.aucklandcity.govt.nz/council/documents/district

 Building Act 2004                   This act sets out the law on building work. It applies to the construction of new buildings
                                     and to the alteration, demolition and maintenance of existing buildings.

 Building Regulations 1992           These contain the mandatory New Zealand Building Code, and also the rules about building
                                     consents and building inspections.

 Dangerous Goods Regulations         In cases where LPG gas is used (such as in restaurants with a portable heater) the dangerous
                                     goods regulations set out standards that must be met to ensure a safe environment.

 Fire Safety and Evacuation of       This act sets out the law for fire safety. All buildings, regardless of size or number of occupants,
 Building Regulations 1992           must have an evacuation scheme or procedure that allows for a safe, efficient and expeditious
                                     evacuation of all building occupants in an emergency.

 Food Hygiene Regulations 1974       This act puts in place procedures that must be taken to ensure good hygiene practices for
                                     staff dealing with food or beverages.

 Health and Safety in                This act sets out the rights and responsibilities of employers and employees to ensure the
 Employment Act 1992                 health and safety of workers and others while at work.

 New Zealand Building Code           The code sets out performance standards that all building work must meet and covers aspects
                                     such as fire safety, access, moisture control, durability, services and facilities. It also contains
                                     acceptable solutions that detail one of the ways of achieving compliance.

 Resource Management Act 1991        This act promotes the sustainable management of natural and physical resources by governing
                                     the use and development of land, air and water resources.

 Sale of Liquor Act 1989             This act sets out the law when alcohol is being sold or supplied to the public. The requirement
                                     for licences and the criteria for granting them are set out in this act as well.

 Smoke-free Environments Act         This act sets out rules for workplaces and public places (including licensed premises,
 1990                                restaurants, casinos and gaming machine venues) to ensure that internal areas of premises
                                     are smoke-free.

 Other useful websites               Alcohol Advisory Council of New Zealand (ALAC): www.alcohol.org.nz
                                     Public notices: www.public-notices.co.nz




                                                                        Food and liquor licence guide    Auckland City Council          26
7.2     Glossary

 Word                                    Definition

 Auckland City Council’s district plan   Auckland City Council’s district plan is a set of maps, policies and rules, that sets
                                         out the activities permitted on any land in the city, and the conditions under
                                         which these activities are permitted.
                                         www.aucklandcity.govt.nz/council/documents/district
 Activities                              What people do on or with land. Under the district plan, these uses are classified
                                         according to their effects on the environment

 Building consent                        A building consent is a written approval from the council for you to carry out
                                         specific building works on a specific site. A building consent ensures compliance
                                         with the Building Act 2004 and with the New Zealand Building Code.
 Club licence                            This licence authorises a club to sell or supply liquor for consumption on the
                                         premises. A club must be incorporated. Club licences are held by sports and
                                         social clubs in which no members of the general public are permitted.
 Code Compliance Certificate (CCC)       A certificate issued by a territorial authority at the completion of building work,
                                         confirming that the building work under the building consent complies with the
                                         building consent.
 Designation                             Determining who is allowed, and who is not allowed, to drink on
                                         licensed premises.

 Development contribution                A payment used by the council to recover the costs of providing increased
                                         community infrastructure and transport networks, as a result of increased
                                         growth. It is payable at either the resource or building consent stage.
 DLA                                     District licensing agency

 Manager’s certificate                   When liquor is being sold or supplied to the public on licensed premises, a
                                         certificate-holding duty manager must be on duty at all times and be responsible
                                         for compliance with the Sale of Liquor Act 1989 and the conditions of
                                         the licence.
 On-licence                              This licence authorises the holder to sell or supply liquor for consumption on the
                                         premises or conveyances. Liquor cannot be removed from these premises or
                                         conveyances. There must be a person with a current manager's certificate on
                                         duty at all times when liquor is being sold or supplied to the public.
 Off-licence                             This licence authorises the holder to sell or supply liquor for consumption off the
                                         premises. Drinking on these premises is not allowed.

 Project Information Memorandum (PIM)    A report issued by the council prior to or in conjunction with a building consent.
                                         It provides information known to the council which is relevant to your building
                                         proposal, such as the location of underground services, and the likelihood of
                                         flooding and subsistence. A PIM will also advise whether any other consents are
                                         required, eg a resource consent.
 Publicly notified resource consent      Applications are publicly advertised and sent to any relevant interest groups as
                                         well as anyone who has been identified as being directly affected by
                                         the proposal.
 Resource consent                        A resource consent is a written approval from the council to use, subdivide
                                         or modify your land in a manner that is outside the district plan.

 Special licence                         A special licence is required if liquor is sold or supplied to any people attending
                                         any occasion or event one-off, or series of occasions or events on an unlicensed
                                         premises or to extend the hours specified under a licensed premises.
 Temporary authority                     A certificate that is issued when a new entity takes over an existing licensed
                                         premises and wishes to continue the sale or supply of liquor until their own
                                         licence is issued. The temporary authority can only be applied for if there is a
                                         current license in force for the premises.
 Zone                                    The designation of types of land within a region for land-use planning purposes.
                                         Auckland City Council’s zones include residential, business, rural and
                                         heritage types.


                                                             Food and liquor licence guide    Auckland City Council         27
 Section 8: Application materials

Fees pamphlets (licences and consents)



 F002              On-licence application form


 F003              Off-licence application form


 F004              Manager’s certificate: liquor licensing


 2030              Food stall health certificate


 2070              Planning certificate: application form


 2107              Special licence: application form and guide


 2071              Building Code Certificate application form


 4068              Application guide, land-use and subdivision applications


 4079              Commercial application for PIM or building consent




                                                    Food and liquor licence guide   Auckland City Council   28
                                    CENV-2118-12/08




Find out more: phone 09 379 2020
or visit www.aucklandcity.govt.nz

								
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