Iberiar [2003] NZLLA 193 (1 April 2003)

Last Updated: 21 July 2010

Decision No. 193/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LIANNA ROSS pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 250 Dominion Road, Mt Eden, known as “Iberia Restaurant and Bar”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Lianna Ross for renewal of an on-licence in respect of premises situated at 250 Dominion Road, Mt Eden, known as “Iberia Restaurant and Bar”.

The applicant also seeks to vary the conditions of the licence to provide for the operation of the business as a tavern.

The report of the District Licensing Agency Inspector recommends renewal of the licence for a further one-year, rather than three. This is designed to enable the District Licensing Agency to monitor the manner in which the licensee conducts the sale and supply of liquor pursuant to a tavern style licence. The applicant has indicated that she agrees to the renewal of the on-licence for one year commencing with the date of issue. However, given the lapse of time since the making of this application, this would necessitate a further renewal application on 27 August this year. The District Licensing Agency has now agreed to a renewal period of two years, which more accurately reflects the object of the Agency Inspector’s recommendation.

A District Licensing Agency may only grant an unopposed application for renewal of an on-licence for a term of three years. Accordingly, the present application has been forwarded to the Authority for determination.

We are satisfied as to the matters to which we must have regard as set out in s.22 of the Act. In the circumstances outlined, we accept the District Licensing Agency Inspector’s recommendation that the applicant’s on-licence be renewed for a lesser period. We renew the on-licence for a period of two years to 27 August 2004, and authorise the issue of a replacement licence and notice of renewal.

DATED at WELLINGTON this 1st day of April 2003

B M Holmes
Deputy Secretary iberia.doc(aw)