Bowland [2003] NZLLA 261 (17 April 2003)

Last Updated: 21 July 2010

Decision No. 261/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DABO LIMITED pursuant to s.16 of the Act for variation of the conditions of an on-licence in respect of premises situated at 35 Kenepuru Drive, Porirua, known as "Bowland Porirua"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Dabo Limited for variation of the conditions of an on-licence in respect of premises situated at 35 Kenepuru Drive, Porirua, known as "Bowland Porirua".

The applicant has established a lounge bar area on the premises, at mezzanine level, for the exclusive use of customers over the age of 18 years. To this end a designation of “restricted” is sought to ensure that underage patrons do not seek access to the bar facility.

The application was duly advertised and no objection or notice of desire to be heard has been received. However, the Inspector for the Porirua District Licensing Agency opposes the application.

This opposition stems principally from concerns in relation to the proliferation of gaming machines on licensed premises. The applicant operates a number of such machines; they have been on the premises for some years and are now to be located in the new lounge.

The Inspector refers us to our decision LLA PH 486/2002 (Sporting Investments Limited) in which we commented at paragraph [49]:

“Gaming rooms per se will not be designated. Where the room or place in which the gaming machines are situated is not a bar [within the confines of a hotel or tavern], a designation is inappropriate on the basis that the sale, supply or consumption of liquor is not the principal or exclusive activity.”

In this instance we are being asked to designate an area which, whilst not located within a hotel or tavern, nor in a business in which the sale of liquor is the predominant purpose, is nevertheless to be used as a bar. The principal business (tenpin bowling) is one which attracts a significant number of younger patrons.

In the circumstances the licensee’s decision to seek a designation appears to us to be a responsible approach. We have viewed the premises, and we are satisfied that the machines have not become a separate feature, and are part of the bar. It is appropriate that the bar receive a designation. Accordingly we deal with the matter on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.13 of the Act. We grant the application and authorise the issue of a replacement licence. A copy of the licence setting out the conditions to which it is subject is attached to this decision.

DATED at WELLINGTON this 17th day of April 2003

_____________________________
B M Holmes
Deputy Secretary

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