Waikato District Council advises that Council’s Provisional Local Alcohol Policy (LAP) was approved on 13 April 2015 and is now subject to appeal. An appeal can only be made to the Alcohol Regulatory and Licensing Authority within 30 days of this public notification of Waikato District Council’s provisional LAP (by 22 May 2015).
Only people who submitted on the draft Waikato District LAP can appeal against an element of the provisional LAP (except for NZ Police and Medical Officers of Health, who have a statutory right to appeal). The only ground on which an element of the provisional policy can be appealed against is that it is unreasonable in the light of the object of the Act.
An appeal made under section 81 of the Act must be made by sending a notice of appeal to -
Alcohol Regulatory and Licensing Authority
Private Bag 32-001
The notice must:
• Be made in writing; and
• State the full legal name, address for service, telephone number, and any email address of the appellant; and
• State the element of the provisional LAP appealed against and state why the element is unreasonable in the light of the object of the Act; and
• Be accompanied by the prescribed fee ($517.50 including GST); and
• Be accompanied by a copy of the submission that the appellant made on the draft Waikato District LAP that became the provisional LAP for Waikato District.
Either before or immediately after the notice is sent to the Secretary of the Alcohol Regulatory and Licensing Authority, a copy must be sent to Waikato District Council. If the Licensing Authority considers that the appellant made submissions as part of the special consultative procedure on the draft local alcohol policy concerned and the element of the provisional LAP appealed against was unreasonable in the light of the object of the Act, the licensing authority will ask the territorial authority to reconsider the element of the provisional LAP.
If you would like any further information please check Council’s website (www.waikatodc.govt.nz/LAP.aspx) or contact Shelley Monrad on 0800 492 452 or email Shelley.Monrad@waidc.govt.nz.