Kiwi Liquor [2003] NZLLA 331 (16 May 2003)

Last Updated: 21 July 2010

Decision No. 331/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JAS & JAS HOLDING LIMITED for an off-licence pursuant to s.29 of the Act in respect of premises situated at 973 Heaphy Terrace, Hamilton, known as “Kiwi Liquor”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin

Member: Mr J C Crookston

DECISION

This is an application by Jas & Jas Holding Limited for an off-licence in respect of premises situated at 973 Heaphy Terrace, Hamilton, known as "Kiwi Liquor".

The application is in respect of premises in which the principal business is the sale of liquor.

Public notification of the application has attracted a number of objections from nearby residents. The objections are based on the apparent multiplicity of liquor outlets in the area. One of the objections also raises concerns about the potential for disorder and property damage.

None of the matters raised relate to the criteria specified in s.35(1) of the Act as required by s.32(3). Apprehension of problems of the nature described are purely speculative; and we are precluded, in s.35(2) of the Act, from taking into account any prejudicial effect that the grant of the licence may have on any business conducted under any other licence. In other words, the number of liquor outlets in the area is not a matter that the Authority can take into account. Having considered the application, 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 matter on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.35 of the Act and we grant the applicant an off-licence pursuant to s.29.

The licence may issue immediately.

The applicant's attention is drawn to s.48 of the Act obliging the holder of an off-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 read by persons entering through each principal entrance.
   

DATED at WELLINGTON this 16th day of May 2003

_______________________
B M Holmes
Deputy Secretary

KiwiLiquor.doc(nl)