Page 16 - Manage Licenced Premises Learner Workbook

17

TEMPORARY AND ACTING MANAGERS APPLYING FOR A LICENCE
Application forms and details of what is required with
One of the key conditions of a licence is that a holder of a a licence application are available on your local council
manager’s certificate or a properly notified manager must website. You will need to pay the appropriate fees when
be on duty and on the premises at all times alcohol is you lodge your application. Generally you will be asked to
sold. Provisions in the Sale and Supply of Alcohol Act 2012 meet the Licensing Inspector to explain your application
allow, in certain circumstances, for the appointment of an and discuss any issues before lodging the application.
uncertified person as an acting or temporary manager if a There are three main steps involved in applying for a new,
holder of a manager’s certificate is not available. Generally or renewing an, on-licence, off-licence or special licence.
the position of acting manager is usually a short-term
appointment, while a temporary manager is likely to be a Step 1 – the application is made to the DLC
longer-term replacement for a permanent staff member. The DLC receives the application forms with the
information required and the fee payment from the
Acting manager applicant.
A licensee can appoint someone who is not the holder
of a manager’s certificate as an acting manager for any Step 2 – reports are received
period not exceeding three weeks at any one time. The Within 20 working days of lodging the application, the
total period of time for which a licensee appoints an acting applicant must publish a public notice in a newspaper or
manager cannot exceed six weeks in any 12-month period. on a website nominated by the DLC and, within 10 working
Generally the provisions allow for the appointment of an days of lodging the application, place a public notice
acting manager where the holder of a manager’s certificate in a conspicuous place on the premises. Any person
is ill, absent or on holiday. with a particular interest, greater than that of the public
generally, may object to the application with 15 days of the
Temporary manager publication of the first public notice.
A temporary manager can be appointed where a manager
is ill or absent for any reason or is dismissed or resigns. The application will be sent to the Licensing Inspector,
A licensee may appoint a person who is not the holder police and MOH to report back to the DLC on. The DLC will
of a manager’s certificate as a temporary manager. A review the reports from these agencies along with the
person appointed as a temporary manager must, within application and check to see if there are any objections to
two working days, apply for a manager’s certificate. That the application.
person may then continue as a temporary manager until
the application for a manager’s certificate is determined. Step 3 – the decision is made
If there are no objections, the DLC will grant the application
Notice of appointment of manager, acting manager or and a licence is issued. If there are objections, the DLC will
temporary manager conduct a public hearing before deciding whether to grant
The licensee must advise the DLC and Police within or decline the licence. The DLC may refer the application to
two working days of the appointment, cancellation or ARLA for a decision but the Chair of ARLA must give leave
termination of a manager, temporary manager or acting for this to happen.
manager. It is not necessary to notify those agencies if the
appointment is for any period not exceeding 48 hours, but
all such appointments must be recorded in a day book, or LENGTH OF LICENCE
log book, along with the reason for the appointment. A new licence will be issued for one year.
The renewal application for the licence must be lodged
with the DLC a minimum of 20 working days before the
LICENCE APPLICATIONS licence expiry date. The licence can be renewed for a
maximum of three years.
TEMPORARY AUTHORITY
A Temporary Authority can be obtained for existing
premises that currently have an on or off-licence. A
Temporary Authority allows the holder to operate the
premises under the terms and conditions of the previous
licence until their new on or off-licence application has
been determined. If you are planning to take over premises
that currently have an on or off-licence, you should check
with your local DLC to confirm the terms and conditions of
that licence, and that the licence is still current.