Flapjacks [2003] NZLLA 295 (28 April 2003)

Last Updated: 21 July 2010

Decision No. 295/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by IN-SOOK KANG for an on-licence pursuant to s.7 of the Act in respect of premises situated at 75 Bridge Street, Nelson, known as "Flapjacks"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The general nature of the business to be undertaken is that of a restaurant.

Public notification of the application attracted an objection from the occupant of a neighbouring property. The grounds for objection relate to a perceived difficulty with access to a shared right of way when the applicant has tables and chairs located within the area.

These concerns do not relate to any of the matters to which we are required to have regard in s.13(1) of the Act. We will deal with the matter on the papers.

Nevertheless, the applicant has expressed a desire to be co-operative and has given an undertaking to ensure that access through the disputed area is not impeded. The Inspector for the Nelson District Licensing Agency has suggested that the positioning of chairs and tables be made a condition of the on-licence.

Such a condition cannot be imposed. We are constrained by s.14(5) of the Act as to the conditions which may be included in any on-licence. Having said that, we take the view that should the applicant subsequently fail to honour the undertaking, it may reflect unfavourably on the licensee’s suitability to continue to hold the licence.

We are satisfied as to the matters to which we must have regard as set out in s.13 of the Act, and we grant the applicant an on-licence. It will be noted that the licence is issued for an initial “probationary” period of one year. A copy of the licence setting out the conditions to which it is subject is attached to this decision.

The licence may issue immediately.

The applicant's attention is drawn to s.25 of the Act obliging the holder of an on-licence 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 the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily ready by persons entering through each principal entrance.
   

DATED at WELLINGTON this 28th day of April 2003

_________________
B M Holmes
Deputy Secretary

Flapjacks.doc(nl)