Valerie Kelly Limited, re [2002] NZLLA 159 (9 April 2002)

Last Updated: 22 February 2010

Decision No. PH 159/2002 – PH 160/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by VALERIE KELLY LIMITED for on and off-licences pursuant to ss.7 and 29 of the Act in respect of premises situated at Rodney Street, Wellsford, Rodney District, known as "Wellsford Inn"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at AUCKLAND on 26 March 2002

APPEARANCES

No appearance by or on behalf of the applicant
Mrs S Markovina – Rodney District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Valerie Kelly Limited for on and off-licences in respect of premises situated at Rodney Street, Wellsford in the Rodney District. The premises are known as the “Wellsford Inn”.

[2] The Wellsford Inn has been in business for a number of years. The applicant recently took over the hotel and is trading under a temporary authority on the same terms and conditions as those enjoyed by the previous licensee.

[3] When the original application was advertised the hours requested for the on-licence were Monday to Sunday 9.00 am to 3.00 am the following day. There was a difficulty with the original public notices concerning the off-licence but these were subsequently clarified and the application was re-advertised.

[4] The applications drew one public objection and adverse reports from the District Licensing Agency Inspector and the Police.

[5] The one public objection was in opposition to the 3.00 am closing. It was suggested that the hours be reduced to 1.00 am. That opposition was from a resident of Wellsford. It was based on the inability of the Police to deal with anti-social behaviour and monitoring drinking drivers. The opposition was also in relation to noise and the negative social impact that the extended hours might have on the surrounding neighbourhood.

[6] The Police took the view that the hours were excessive and were contrary to the policy which had been put in place by the Rodney District Council.

[7] The District Licensing Agency Inspector referred to the fact that the policy has been fixed by the council. The policy is that no premises remain open after 1.00 am. Mrs Markovina confirmed that the policy was revisited recently. There was a public forum which allowed members of the public and members of the liquor industry the opportunity to give their views on trading hours in Rodney. It was her opinion that the general attitude came through that trading would cease at 1.00 am. This hour was the preferred choice of the majority of people present.

[8] The Wellsford Inn under its previous owner was able to trade until 3.00 am. In particular this hour catered for workers at Izard Manufacturing who worked three eight hour shifts each day. We understand from the District Licensing Agency Inspector that Izard Manufacturing has not supported the current application for 3.00 am closing. It is also significant to us that since the adoption of the policy there is only one licensed premises which has longer trading hours. As we have said in the past there is always the problem of migratory drinkers if one premises in the district has later closing hours than all the rest.

[9] There was no problem about the application in terms of the suitability of the applicant. We note that under s.13 and also s.35 the criteria for on and off-licences are listed. The two major items to be considered by this Authority in this case are the suitability of the applicant and the days on which and the hours during which the applicant proposes to sell liquor. The application is supported in principle provided the hours are reduced.

[10] In this case we have heard from the District Licensing Agency Inspector but there has been no appearance on behalf of the applicant company. Nor has there been an appearance from the Police or the objector. Although efforts have been made to contact the other parties they are not present today. In those circumstances bearing in mind that any new licence is for one year only we have no hesitation in granting the application but reducing the hours applied for.

[11] The application for the on-licence will be granted. The hours of operation will be Monday to Sunday inclusive 9.00 am to 1.00 am the following day. In terms of the off-licence the application will be granted. The hours from the wholesale will be 9.00 am to 11.00 pm Monday to Sunday and across the bar 9.00 am to 1.00 am the following day Monday to Sunday.

[12] The licence will not issue until the expiry of 20 working days from the date of this decision. That period is the time provided by s.140 of the Act for the lodging of a notice of appeal.

[13] The applicant’s attention is drawn to ss. 25 and 48 of the Act obliging the holder of an on-licence to display:

(a) A sign attached to the exterior of the premises so as to be easily read by persons outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor, and

(b) A copy of the licence, and the conditions of the licence, attached to the interior of the premises so as to be easily read by persons entering through the principal entrance.

DATED at WELLINGTON this 9th day of April 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

Wellsford.doc(nl)