Public notices
ALC24/0216 Black Rose Florist & Leaf and Petal Florist
Closing Date: 20 November 2024
Suite 17, 99 Mana Esplanade, Paremata, Porirua 5026
Off Licence (Renewal)
Tracey King Limited, 22 Grays Road, Camborne, Porirua 5026 has made application to the District Licensing Committee at Porirua for the issue of an off licence in respect of the premises situated at Suite 17, 99 Mana Esplanade, Paremata, Porirua 5026 known as Black Rose Florist & Leaf and Petal Florist.
The general nature of the business conducted (or to be conducted) under the licence is Florist & Gift Store.
The days on which and the hours during which alcohol is (or is intended to be) sold under the licence are Monday to Friday between 9 am and 5 pm and Saturday between 10 am and 1 pm.
The application may be inspected during ordinary office hours at the office of the Porirua District Licensing Committee at Porirua City Council Administration Building, 16 Cobham Court Porirua.
Any person who is entitled to object and who wishes to object to the issue of the licence may, not later than 15 working days after the date of the publication of this notice, file a notice in writing of the objection with the Secretary of the District Licensing Committee at Porirua City Council, PO Box 50-218, Porirua 5240.
No objection to the issue of a licence may be made in relation to a matter other than a matter specified in section 105(1) of the Sale and Supply of Alcohol Act 2012.
No objection to the renewal of a licence may be made in relation to a matter other than a matter specified in section 131 of the Sale and Supply of Alcohol Act 2012.
The application(s) may be inspected during ordinary office hours at the office of the Porirua District Licensing Committee at 16 Cobham Court, Porirua City Centre, Porirua 5022. Any person who is entitled to object and who wishes to object to the issue of the licence may, not later than 15 working days after the date of the publication of the relevant notice, file a notice in writing of the objection with the Secretary of the District Licensing Committee at 16 Cobham Court, Porirua City Centre, Porirua 5022 or via email to [email protected]. No objection to the issue of a licence may be made in relation to a matter other than a matter specified in section 105(1) of the Sale and Supply of Alcohol Act 2012. No objection to the renewal of a licence may be made in relation to a matter other than a matter specified in section 131 of the Sale and Supply of Alcohol Act 2012.
Making an objection
Members of the public can object to an application for an alcohol licence in some cases. Your objection must be made within 25 working days after the date of the public notice being made.
Upon receiving an objection, the DLC will send an acknowledgement letter. The licensee will also receive notice an objection has been received. The DLC will then check the validity of the objection, and if valid, a time will be set for a hearing and objectors will be asked whether they wish to speak at the hearing.
Changes to objections - 31 August 2023
Changes have been made to the licensing process making it easier for communities to have a say in how alcohol is regulated in their area.
Any person can object to an application for a licence, whether as an individual or representative of a group or organisation (except trade competitors).
This change accommodates people who were excluded from participating in licensing hearings who may not live in the area but spend time there due to family connections, living rurally, or having a particular connection to the area.
Objections still need to be based on the licensing criteria set out in the Act.
What you can object to
Objections need to reflect one of the listed criteria detailed in section 105 or section 131 of the Sale and Supply of Alcohol Act 2012:
Criteria for a new on-licence, off-licence or club licence (section 105):
- The suitability of the applicant
- Any relevant local alcohol policy
- The days on which, and the hours during which, the applicant proposes to sell alcohol
- The design and layout of proposed premises
- Whether the applicant is engaged in, or proposes on the premises to engage in, the sale of goods other than alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which goods
- Whether the applicant is engaged in, or proposes on the premises to engage in, the provision of services other than those directly related to the sale of alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which services
- Whether the amenity and good order of the locality would be likely to be reduced, to more than a minor extent, by the effects of the issue of the licence
- Whether (in its opinion) the amenity and good order of the locality are already so badly affected by the effects of the issue of existing licences that:
- they would be unlikely to be reduced further (or would be likely to be reduced further to only a minor extent) by the effects of the issue of the licence; but
- it is nevertheless desirable not to issue any further licences
- Whether the applicant has appropriate systems, staff, and training to comply with the law
For a renewal of on-licence, off-licence or club licence (section 131):
- The suitability of the applicant
- Any relevant local alcohol policy
- The days on which, and the hours during which, the applicant proposes to sell alcohol
- The design and layout of any proposed premises
- Whether the applicant is engaged in, or proposes on the premises to engage in, the sale of goods other than alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which goods
- Whether the applicant is engaged in, or proposes on the premises to engage in, the provision of services other than those directly related to the sale of alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which services
- Whether the applicant has appropriate systems, staff, and training to comply with the law
- Whether the amenity and good order of the locality would be likely to be increased, by more than a minor extent, by the effects of a refusal to renew the licence
- The manner in which the applicant has sold (or, as the case may be, sold and supplied), displayed, advertised, or promoted alcohol
When the alcohol licence application is considered, “amenity and good order of the locality” will take into account things like:
- Noise levels relating to the licensed premises
- Nuisance and vandalism (for example, willful damage, graffiti or crime)
- The quantity and types of licensed premises in an area already
- Community, educational or other facilities in the vicinity of the proposed licensed premises already
You can find more detailed information about objections in regards to the “who”, “what” and “how”, on the Health Promotion Agency website. They also include a useful guide to objections and hearings.
What to include in your objection
Your objection must include:
- The name and address of the licensed premises or proposed premises
- Reason(s) for objection (can be based on sections 105 or 131)
- Your name, address and contact details (phone number and email address).
A template objection letter can be found below:
Making a joint objection
Some residents or community groups may which to submit a joint objection. You may wish to circulate petitions to gain support against an alcohol application. Petitions must include:
- Reason(s) for objection (can be based on sections 105 and 131)
- The name and address of the spokesperson or contact person
- A legible name and address for each objector
- A signature of each objector
A template petition style objection can be found below:
What happens to your objection
Your objection letter will form part of the reports associated with the application. One of our staff members will be in contact providing details of the hearings time and place when known.
We are required to forward a copy of all objections to the alcohol licence applicant. Applicants are entitled to know the basis of any objections, so they can consider whether to amend their proposed premises (application), continue with their application or prepare a response to the objection(s).
Some applicants may invite objectors or members of the public to a meeting to discuss concerns raised, however, objectors are not obligated to meet with the applicant.
An objected alcohol licence application will be considered at a public hearing. You will be advised of the hearing date, time and location. If your objection is in the form of a group petition, we will notify the spokesperson. It is not compulsory for objectors to attend or speak at the hearing, however, the DLC may get a better understanding of the objection if the objector/spokesperson attends the hearing to speak about their concerns.
Who will know about your objection
Objector contact details will not be published or advertised, however, the names of objectors and the reason(s) for the objection(s) may be included in the DLC decision, which is publicly available.
Where to send your objection
Objections can be filed in person, by post, fax or emailed:
- In person: 16 Cobham Court, Porirua 5022
- Postal address: Alcohol Licensing, Porirua City Council, PO Box 50218, Porirua 5240
- Email: [email protected]
If you are concerned about how a licensed business is being managed, you can contact us by phone or email using the details below.
- Phone: +64 4 237 5089 (ask for alcohol licensing)
- Email: [email protected]
You will need to provide the following information:
- Your name
- Your contact details (phone number and email address)
- Name of licensed premises
- Your concerns (please provide as many details as possible, including the date and time of any specific incidents)
You can also contact the police or dial 111 if you believe the situation is urgent or of a serious manner.
Attend a hearing
Some alcohol licensing applications must be heard by the Porirua District Licensing Committee (DLC) at a hearing open to the public.
DLC hearings are open to the public, including the news media, but you must notify the DLC that you wish to attend a hearing and provide details on which hearing you wish to attend.
On occasion, it may be necessary to exclude the public from some parts of a hearing (for example, when the Committee feels like the privacy of an individual needs to be protected).
Hearings concerning alcohol licences for a business are livestreamed on Porirua City's YouTube Channel while hearings concerning manager's certificates are not livestreamed (but are audio recorded for record keeping purposes) and may be provided to ARLA if requested.
Changes to hearings - 30 May 2024
From 30 May 2024, there are changes to how alcohol licensing hearings are run in Porirua City.
Changes to hearing procedures will impact those whose application has received a report from either the New Zealand Police or Medical Officer of Health, or has received an objection from the public after 30 May 2024.
These procedural changes mean that hearings will:
Formal procedures can be intimidating for some participants and discourage people from engaging with the alcohol licensing process, including applicants.
- The Chairperson will still run the hearing in a way that allows the Committee to consider applications fully and carefully, including by allowing you and others the opportunity to give evidence.
- You may now request to take part in the hearing (or any part of the hearing) remotely. This change aims to make hearings more accessible and gives you and other parties more flexibility to participate.
- If you wish to attend a licensing hearing remotely, you can email us so we can make the necessary arrangements.
Not permit cross-examination
Questioning is an important tool for the Committee to gather information and evidence to better consider licensing applications. The Committee (both the Chairperson and members) will still be able to ask you questions.
- From 30 May 2024, both the Committee and any party (applicant, agencies and objector(s)) cannot cross-examine.
- Other parties (agencies, objectors, representors) will not be able to question you or your witnesses. The Committee may still ask you questions and you may ask your witness questions, but no one else.
Allow for tikanga Māori to be incorporated into proceedings
The Committee will need to ensure tikanga Māori can be incorporated into the way hearings are conducted.
We are currently exploring way in which this could be achieved, including:
- including pōhiri/pōwhiri (formal welcoming ceremony) or whakatau (less formal welcoming ceremony) and mihimihi (introductions) to welcome and close hearing proceedings
- ensuring that proceedings are mana-enhanced by respecting and supporting everyone taking part
Allow evidence to be given in te reo Māori
Te reo Māori is an official language of New Zealand (as well as English and New Zealand Sign Language) and as such, the Committee must allow evidence to be given in te reo.
This change reflects the status of te reo affirmed under the Māori Language Act 2016 | Te Ture mō Te Reo Māori 2016, and in particular, the right to speak te reo in legal proceedings.
If you wish to submit evidence in te reo, please email us so we can make the necessary arrangements.
If an application was lodged before 30 May 2024 and either an objection has been lodged by the public or an agency has lodged a report on the application then the "proceedings" have begun and the application hearing will be conducted under the old rules.
If an application was lodged on or after 30 May 2024, and requires a hearing, it will be conducted under the new rules.
If you have any questions you can email us.
The Alcohol Licensing and Regulatory Authority have provided this diagram below to help:
Upcoming Hearings
Upcoming District Licensing Committee Hearings will be posted on our Meetings and Workshops Page
Every decision of the DLC must be publicly notified. These are uploaded the New Zealand Legal Information Institute (NZLII) monthly and decisions can be searched on New Zealand District Licensing Committee – Porirua.
If you were a party to proceedings and disagree with the DLC’s decision, you can appeal to the Alcohol Regulatory and Licensing Authority (ARLA). Appeals are dealt with by way of a rehearing. You must give notice of an appeal to ARLA within 10 working days of the date the decision was notified to you.
More information on appeals can be found on the Ministry of Justice Alcohol Regulatory webpage.
