Zoobar [2003] NZLLA 330 (16 May 2003)

Last Updated: 21 July 2010

Decision No. 330/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ZOOBAR LIMITED pursuant to s.7 of the Act of renewal of an on-licence in respect of premises situated at 227 Riddiford Street, Newtown, Wellington, known as “Zoobar”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Zoobar Limited for renewal of an on-licence in respect of premises situated at 227 Riddiford Street, Newtown, Wellington, known as “Zoobar”.

Public notification of the application attracted two objections from nearby residents. The objections are based on the alleged behaviour of the patrons of the premises, including threatening, lewd and disorderly conduct, causing damage to property and littering.

The type of behaviour described by the objectors may reflect on the suitability of a licensee, or the manner in which a licensee has conducted the sale and supply of liquor pursuant to the licence. These are both criteria to which the Authority must have regard when considering an application for renewal. The applicant company through its director made written submissions in response to the objections.

The objectors were approached to ascertain whether they wished to present evidence at a public hearing before the Authority. One of the objectors did not respond. The other objector was not prepared to appear at a public hearing, but did wish her objection to be considered. Accordingly, we deal with the matter on the papers under s.106(2)(c) of the Act.

We remind the licensee that should the operation of the business give further cause for concern, or bring itself to the attention of the enforcement authorities, we would expect a prompt application, pursuant to s.132 of the Act for variation, suspension or cancellation of the licence.

We are satisfied as to the matters to which we must have regard as set out in s.22 of the Act. We renew the licence until 4 March 2006, that being the anniversary date of the licence and three years from the last renewal, and authorise the issue of a notice of renewal.

DATED at WELLINGTON this 16th day of May 2003

_____________________________
B M Holmes
Deputy Secretary

Zoobar.doc (ab)