Section 73
Authorises the holder of the licence to sell and supply liquor on a particular premises, which may not necessarily already be licensed (i.e. racing clubs, halls, tents, etc:

For any particular series of occasions or events, no need to be ‘special’.

Can be on any day at any time up to a 12-month period.

The licence must be issued to the person selling the liquor, there is not necessarily a need for that person selling the liquor to e either a certificated manager or licensee.
In short – this is a Licence for one-off events where there is no other licence for that purpose,

Section 74 Special Licences for Social Gatherings:
Authorise the holder of an On Licence or Club Licence to sell and supply liquor on their premises outside the premises licensed operating hours, to persons attending social gatherings specified in the Special Licence.

This is largely for extensions of existing hours.

Section 79/80 criteria for Special licences
The DLA takes into account the type of event, suitability of applicant, days and hours and premises.

Section 115 Manager To Be on Duty at all times and responsible for compliance.
1. Whenever liquor is sold or supplied to the public, a manager must be on duty and responsible for compliance. Licensees must also have managers Certificates if they are ‘on duty’.

On duty does not state “on the premises”, so brief absences (in minutes) could be acceptable.
However On Duty really means you know what is going on in the premises – who is there – and you generally have control.

2. They must be responsible for compliance with the Act and licence conditions.
Also responsible for the conduct of the premises with the aim of contributing to the reduction of liquor abuse.

3. The name of the Manager who is on duty (in control) must be displayed prominently inside the premises so it can be read by all – a change of shift means a change of name. It is not necessary to display the Managers Certificate.

4. The licensee must take reasonable steps to enable the Manager to comply as before. This defines and makes much clearer the Manager’s and Licensee’s responsibilities.

Section 116 Manager to Hold Certificate
No one can be appointed the ‘Manager’ unless the have obtained a Managers
Certificate. There are some emergency provisions if suddenly there is no one with a manager’s certificate.

Section 117 Kinds of Managers Certificates
There are two types:
1. General Managers Certificate enables you to manage any licensed premises.
2. Club Managers Certificate enables you to manage a club’s bar or premises in which a special license is in force.
Those with considerable past experience working bars in taverns and hotels should consider seeking a general manager’s certificate even if they may only be wishing to manage a club’s bar at the time of applying for a managers certificate.

A Club Managers Certificate allows those with little experience, as is usual in the club situation, to obtain a more restricted certificate, as long as the DLA or LLA are satisfied that the person meets the criteria under section 121.

With further experience in a public bar, a person may be eligible for a general manager’s certificate at a later date.

Section 117A General Manager must hold prescribed qualification
No person is able to hold a general manager’s certificate unless they hold the prescribed qualification. This applies to existing and new managers. The qualification includes particular ‘unit standards’ around knowledge of the Sale of Liquor Act and Host Responsibility.

Section 118 Applications
for Managers Certificates
Are made to the DLA. You need to provide the details requested on the form, along with evidence of relevant training, qualifications and experience.

The application should be filed with the DLA in the same city or district as the licensed premises you are working in. If you are not currently working in a particular licensed
premise, the application should be filed with the DLA nearest to where you live. The fee for lodging a manager’s certificate application is set out in the regulations.

Section 121 Criteria for Managers Certificate
The DLA (or LLA) considers the following points before granting a manager’s certificate:
1. Character and reputation – you should back this up with references.
2. Any convictions – There is provision within the application to put in ALL convictions no matter what! The police will check your record and if you leave matters out your honesty will be question. Don’t be scared to put everything in – it depends on what and when. Case law by the Authority indicates a ‘five year clean period’ is desirable, but there are exceptions to the rule provided the offences are not too serious. They also look at the type offending – is it alcohol or violence related, is there a pattern of offending?
3. Experience in managing licensed premises, in particular RECENT experience. This really means experience working within the industry. A reasonableamount is expected, but not always essential.
4. Relevant Training, in particular RECENT training. AND evidence they hold the prescribed qualification. Ultimately you must prove your knowledge of your legal obligations. On the job training is also relevant.
5. Any other matters brought up in reports.
6. If for a club – your involvement in that club.
NOTE: the emphasis now on RECENT training and experience. This assures the authorities you are “up to date”