Highway [2003] NZLLA 158 (18 March 2003)

Last Updated: 9 July 2010

Decision No. 158/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by IVAN TVRDEICH pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 178 Hibiscus Coast Highway, Orewa, known as “Highway Liquor”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

[1] This is an application by Ivan Tvrdeich for renewal of an off-licence in respect of premises situated at 178 Hibiscus Coast Highway, Orewa, known as “Highway Liquor”.

[2] In addition to the renewal of the off-licence the applicant seeks to formalise the hours during which the sale of liquor is authorised on Sunday to be congruent with the actual opening hours of Monday to Sunday 9.00 am to 9.00 pm. At present, the hours authorised for the sale of liquor are Monday to Saturday 9.00 am to 9.00 pm, and Sunday 9.00 am to 10.00 pm as deemed by s.117(2)(c) of the Sale of Liquor Amendment Act 1999.

[3] The application was duly advertised and no objection or notice of desire to be heard has been received.

[4] In their reports on the application, the Police and the Rodney District Licensing Agency Inspector opposed the application. The Police opposition was on the grounds that a staff member at “Highway Liquor” allegedly supplied liquor to a minor on 3 December 2002 during a controlled purchase operation. The applicant has a 1998 conviction for the sale of liquor to minors. The Agency Inspector similarly based her opposition on the lax attitude of the applicant and some members of his staff towards the sale of liquor to minors and further stated that the applicant has always been reluctant to comply with the requirements of the Sale of Liquor Act 1989 relating to the display of signage, duty manager’s name, and trading hours.

[5] By consent, the applicant and reporting authorities have agreed to a renewal period less than the usual three years, designed to enable the reporting authorities to continue to monitor the licensee. Accordingly, we deal with the matter on the papers.

[6] The licensee is reminded that should the operation of the business again come to the attention of the enforcement authorities, we would expect from them an application pursuant to s.132 of the Act for variation, suspension or cancellation of the licence.

[7] We are satisfied as to the matters to which we must have regard as set out in s.45 of the Act. We renew the licence until 21 May 2004, that being eighteen months from the last renewal of the licence and authorise the issue of a replacement licence and notice of renewal.

DATED at WELLINGTON this 18th day of March 2003

________________________
B M Holmes
Deputy Secretary

Highway Liquor.doc(afw)