This page explains what a BYO On-Licence under the Sale of Liquor Act 1989 is and its effect.
A BYO On-Licence does not allow the sale of liquor
A BYO licence is an On-Licence endorsed under Section 28 of the Sale of Liquor Act 1989 as a BYO On-Licence. The licence may be granted only for restaurant or cafe premises.
It allows any person to take liquor onto restaurant premises for consumption there as part of a meal by that person or any other person dining with them.
A BYO On-Licence authorises the sale and supply of food or hot beverages of which liquor is an ingredient for consumption on the premises by any person dining there provided the food or beverage contains not more than 14.33 percent alcohol by volume.
The holder of a full On-Licence may allow BYO on their premises
The holder of a full On-Licence may, at their discretion allow BYO on their premises on such terms or conditions, as they deem appropriate. This exception is also restricted to restaurant and cafe On-Licence premises.
The legislation identifies who may be granted a licence
Persons and organisations that may be granted an On-Licence are listed in Section 8 of the Sale of Liquor Act 1989.
BYO premises need to be supervised
Whether you are operating a BYO On-Licence or full On-Licence premises where you allow BYO you must exercise care to avoid customer abuse and behavioural problems on your premises.
It is recommended you restrict the liquor that may be taken onto your premises to sealed containers of wine and/or beer only with a set limit per adult person.
BYO premises do not require a certificated manager to be on duty
Premises licensed as BYO On-Licence premises only, are exempt from the requirement to employ or have a certificated duty manager on duty.
Full On-Licence premises must have a certificated manager on duty at all times when those premises are operating as licensed premises.
You apply to the District Licensing Agency for a BYO On-Licence
You use the same application form for BYO On-Licence applications as for a full On-Licence. The application form contains a section BYO (Section 28) applications.
You may print off and use the form specified for your type of premises by using the "Liquor Licensing Forms" link below. Use:
- Premises On-Licence Application for building based premises.
- Conveyance On-Licence Application for ship, train or aircraft.
The application is processed in the same manner as a full On-Licence. For more information on this click on the "Applying for a Liquor Licence" link below.
Public Notification of licence applications is required
BYO On-Licence applications must be publicly notified. When applying for a licence the applicant is required to place two public notices on a working day in two successive issues of a Porirua City community newspaper.
There is a different application fee for a BYO On-Licence
The application fee for a BYO On-Licence application is different from the one set for a full On-Licence.
Click on the "Liquor Licensing Fees" link below for more information on this.
Links to more liquor licensing information
Porirua City Council links