Mullane [2003] NZLLA 292 (24 April 2003)

Last Updated: 21 July 2010

Decision No. 292/2003 –
293/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by TERENCE GILBERT MULLANE for on and off-licences pursuant to ss.7 and 29 of the Act in respect of premises situated at Shop 1, Taipa Mall, State Highway 10, Taipa, Far North District, known as “Taipa Tavern”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin

Member: Mr J C Crookston

DECISION

These are applications by Terence Gilbert Mullane for on and off-licences in respect of premises situated at Shop 1, Taipa Mall, State Highway 10, Taipa, Far North District, known as "Taipa Tavern".

These applications result from a change of licensee. The applicant seeks the same conditions as those attaching to the on and off-licences presently in force.

The general nature of the business to be undertaken is that of a tavern/bottle store.

Public notification of the applications attracted one objection. The issues raised are in relation to noise, car parking and litter, and do not relate to any of the criteria specified in ss.13(1) and 35(1) of the Act.

Sections 10(4) and 32(4) of the Act provide, in relation to on and off-licences respectively, that in any case where the application relates to premises in respect of which a licence is presently in force; and the applicant seeks the same conditions as those presently applying to that licence, an objection may be made only in relation to the suitability of the applicant. Having considered the applications, we believe that the objections are based on grounds outside the scope of the Act in terms of s.106(2)(b). Accordingly, we deal with the matters on the papers.

It should be noted that new licences issue for a period of one year. If renewal is then sought, any concerns raised by neighbouring residents at that time, particularly in relation to noise, can be examined in light of the evidence then available.

We are satisfied as to the matters to which we must have regard as set out in ss.13 and 35 of the Act, and we grant the applicant the on and off-licences sought. Copies of the licences setting out the conditions to which each is subject are attached to this decision.

The licences may issue immediately.

The applicant’s attention is drawn to ss.25 and 48 of the Act obliging the holder of on and off-licences to display:-

1. 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
   
2. A copy of each licence, and of the conditions of each licence, attached to the interior of the premises so as to be easily read by persons entering through each principal entrance.
   

DATED at WELLINGTON this 24th day of April 2003

_____________________________
B M Holmes
Deputy Secretary

TaipaT.doc(nl)