3.3 The Duty Manager, Acting & Temporary Managers

The Duty Manager

Under the Sale and Supply of Alcohol Act 2012, a certificated manager (a person who holds a current manager's certificate under ss.218-228) must be on duty at all times alcohol is sold or supplied to the public on licensed premises. This person is the duty manager.

Key rules:

• Must be at least 20 years old.
• Name must be prominently displayed inside the premises while they are on duty.
• If no certificated manager is on duty, the premises cannot lawfully sell alcohol — full stop.

Limited exemptions from the duty-manager requirement

A few narrow situations do not require a duty manager on duty:

• BYO restaurants, where the on-licence is endorsed for bring-your-own and the venue does not itself sell alcohol.
• Certain club licences — s.215 lists the situations where a manager need not be on duty, provided no licence condition requires one.
• Remote sellers (off-licence sales by internet/phone/mail where alcohol is delivered, not consumed on site).
• Cellar door sales under specific conditions.

These exemptions are narrow and exam-favoured. When in doubt, assume a duty manager is required.

Acting Manager (s.230)

When no certificated manager is available (e.g. the duty manager is sick or on leave), the licensee may appoint an acting manager. The acting manager does not need to hold a manager's certificate at the time of appointment — they are deemed to hold one for the period of the appointment.

Note that these are two separate limbs of the same subsection rather than one rule with two numbers. The exam usually tests them as "3 weeks at a time, up to 6 weeks a year", which is the practical summary Te Whatu Ora also uses.

While acting, the acting manager has the same duties and authorities as a certificated duty manager. The licensee remains accountable for compliance with the Act and licence conditions.

Temporary Manager (s.229)

A temporary manager is appointed in a different situation: the certificated manager is ill, absent, dismissed, or has resigned and a longer-term replacement is needed. The crucial difference from an acting manager:

• The temporary manager must apply for a manager's certificate within 2 working days of appointment.
• If they do not apply within 2 working days, the licensee must cease employing them as a manager.
• If they do apply, they may continue as temporary manager until the application is determined by the DLC.
• If the application is declined, the DLC can direct the licensee to appoint another person.

Notification (s.231) and Record-Keeping (s.232)

Section 231 is the notification provision. The licensee must advise the DLC and the Police within 2 working days of:

• the appointment of a manager, acting manager or temporary manager;
• the cancellation of such an appointment;
• the termination of such an appointment.

Appointments of 48 hours or less do not require notification, but must still be recorded in the day book with the reason for the appointment.

The licensing committee may, within 5 working days of receiving notice of a temporary or acting manager appointment, tell the licensee it does not approve the appointment (and must copy that notice to the Police).

A separate provision, s.232, requires every licensee to keep a record of each manager, acting manager and temporary manager appointed for the premises, in readable or retrievable form, for at least 2 years. Notification (s.231) and record-keeping (s.232) are different duties and are commonly confused.

Practical Duties of the Duty Manager on Shift

A duty manager on shift is responsible for all aspects of compliance with the Act and the licence conditions. Practical duties include:

• Ensure compliance with the Act, the licence conditions, and any LAP.
• Oversee service of alcohol — monitor pace, promotions, and patron behaviour.
• Manage staff — direct servers, security, and door staff; brief them on host responsibility.
• Intervene with intoxicated patrons — refuse service, arrange safe transport, remove if necessary (s.252/253 statutory defence).
• Intervene with minors — check ID (anyone who looks under 25), refuse service and entry to restricted areas.
• Maintain the incident logbook — record refusals, ejections, intoxication events, manager appointments, and any police interaction.
• Ensure host responsibility — food, low/non-alcohol options, free water, transport info all available.
• Ensure signage is displayed (licence, manager's certificate, evidence-of-age, host responsibility).

Exam Trap: Acting vs Temporary Manager

The exam will test the distinction:

A common error is to say the acting manager must apply for a certificate. They do not. The temporary manager must.

Scenario

The duty manager of a hotel falls ill on a Friday evening. The licensee appoints the assistant manager as acting manager for the next 5 days and notifies the DLC and Police on Monday (within 2 working days). The acting manager runs the shift on Friday and Saturday night without holding a certificate — lawful, because the acting-manager regime deems them to hold a certificate for up to 3 weeks. If the illness stretches to 4 weeks, the licensee cannot keep the same acting manager in place — they must either appoint a certificated manager or convert to a temporary manager appointment (which requires the appointee to apply for a certificate within 2 working days).

Scenario

The duty manager of a bar resigns effective immediately. The licensee promotes a senior server to temporary manager and, the next working day, lodges an application for a manager's certificate on their behalf. Lawful — the temporary manager may continue in the role while the application is determined. If the application is later declined, the DLC can direct the licensee to appoint someone else.