Addressing the harmful use of alcohol - WHO Western Pacific Region

4. Regulating availability
Table 4.7 : Suggested licence types
• Sale for consumption off the premises (off-licences, e.g. bottle stores, supermarkets).
• Sale for consumption on the premises (bars, pubs and night clubs, restaurants and cafés,
accommodation hotels).
• Sale by clubs to members only.
• Occasional event licences.
Criteria and conditions
Legislation may provide a set of criteria for the licensing authority to consider in deciding
whether to grant a licence to an applicant, what kind of licence and what conditions are
appropriate. Application forms for new licences and for renewals can give applicants the
opportunity to address these criteria when providing information about the business.
It is important for the effective enforcement of alcohol laws that the licensing authority has a
clear power to grant or decline an application, and renew or cancel a licence on the basis of
these criteria.
Conditions attached to the licence and agreed to by the licensee, tailor the application of
national sale of liquor laws and policies to the different types of business selling alcohol and,
if need be, to the specific situation of an individual licensee. Restrictions and requirements
can be set broadly in the legislation, and standard sets of on- and off-licence conditions for
different types of businesses can be developed by the licensing authority. It is helpful for the
resolution of problems or objections related to a particular site or business if the legislation
permits the attachment of additional conditions. Older legislation often used the phrase “as
the Authority sees fit,” but it may be thought preferable to tie discretionary powers to problem
resolution or the objectives of the legislation.
If licensing decisions are made at the national level, it may be appropriate for criteria and
conditions to include any policy on the sale of alcohol adopted by an elected local council. In
New Zealand, the Liquor Licensing Authority has had informal regard to such policies, which
relate mainly to type of premises, location and hours of trading. An amendment bill was put
before Parliament in 2009 to include this in the Act to make the legislation more responsive
to communities.
It is often a legislative requirement that a current licence, showing conditions of operation, is
publicly displayed near the entrance of the premises.
Return to TOC
45