Grace's Place [2003] NZLLA 334 (16 May 2003)

Last Updated: 21 July 2010

Decision No. 334/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ZENITH H K LIMITED for an on-licence pursuant to s.7 of the Act in respect of premises situated at 132 Great South Road, Papatoetoe, Manukau City, known as “Graces Place”

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 tavern.

Public notification of the application did not attract any objections or notices of desire to be heard but a report from the Police opposes the grant of an on-licence. The report specifies two grounds for opposition, the first of which refers to the fact that only one proposed manager for the business was nominated on the application form.

We are advised by the Manukau District Licensing Agency that there are now three holders of General Managers’ Certificates available to the incoming licensee. The Police report predated the issue of two of those certificates. The Police misgivings in that regard have, in our view, been satisfactorily addressed.

The second area of Police opposition cites inadequacy of food on the premises.

The Agency Inspector has addressed this aspect of the application. There is a limited range of food immediately available to patrons, and more substantial meals can be supplied by adjacent food outlets upon demand. The business has previously operated in this fashion, and the Inspector is of the opinion that the applicant is able to discharge its obligations in this regard.

The Police have very properly brought these matters to our attention, but we are satisfied that they have been suitably resolved. We do not consider it necessary to convene a public hearing under s.106(1) of the Act.

Pursuant to s.11(3) of the Act, the Police are required to enquire into any application for an on-licence and report “ ......any matters in opposition ...” Such reports do not have the status of objectors requiring the convening of a public hearing. Accordingly, we have determined to grant the application 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, and we grant the applicant an on-licence. 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 16th day of May 2003

____________________
B M Holmes
Deputy Secretary

Zenith.doc (ab)