Hog and Hounds [2003] NZLLA 392 (30 May 2003)

Last Updated: 22 July 2010

Decision No.392/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROBERT CRAIG SELBY for an on-licence pursuant to s.7 of the Act in respect of premises situated at 57-61 Tirau Street, Putaruru, known as "Hog and Hounds Sports Bar"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Robert Craig Selby for an on-licence in respect of premises situated at 57-61 Tirau Street, Putaruru, known as "Hog and Hounds Sports Bar".

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

Public notification of the application attracted five letters of objection. One of these objections has since been withdrawn. Two of the remaining objections expressed the view that the hours sought for liquor sales appeared excessive. A report from the Police raised similar concerns.

The applicant has significantly reduced the hours, which are now wholly consistent with other businesses of a like nature in the locality. The Police no longer oppose the application.

The remaining objections do not relate to any of the matters specified in s.13(1) of the Act, and we are not persuaded that those objectors are able to demonstrate any greater interest in the application than the public generally, as required by s.10(1). We will deal with the matter on the papers.

We note that the applicant has sought a “restricted” designation for the whole of the premises. The business details identified in part 4 of the application describe the general nature of the business as: “TAB, sports bar, café, gaming machines”.

The scale plan accompanying the application reveals that the gaming machines are to be located in a separate room, rather than in the bar.

We have stated in previous decisions that where gaming machines are not located in a bar; i.e. in any part of the premises not used principally or exclusively for the sale and consumption of liquor, we see no requirement to impose any designation for that part of the premises. Accordingly, the gaming area will be undesignated.

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 authorising the sale and supply of liquor, for consumption on the premises, to any person who is present on the premises.

The licence will not issue until all relevant clearances have been obtained. The applicant is not entitled to sell liquor until the licence issues. Unlicensed sales can result in imprisonment for up to three months or a fine of $40,000 (ss.114(2), 151 and 152 of the Act refer).

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 read by persons entering through each principal entrance.
   

The entrance from Tirau Street is designated as the principal entrance.

The licence will be subject to the following conditions:

(a) The licensee must have available for consumption on the premises, at all times when the premises are open for the sale of liquor, a reasonable range of non-alcoholic and low-alcohol refreshments:

(b) No liquor is to be sold or supplied on Good Friday, Easter Sunday, Christmas Day or before 1.00 pm on Anzac Day to any person other than persons who are present on the premises for the purpose of dining.

(c) Liquor may be sold only on the following days and during the following hours:

(i) Sunday to Wednesday 10.00 am to 10.00 pm; and

Thursday to Saturday 10.00 am to 1.00 am the following day; EXCEPT

THAT

(ii) On the Thursday before Good Friday; and on Easter Saturday; and on Christmas Eve and the day before Anzac Day (when either of those days falls between Thursday and Saturday) liquor may only be sold between 10.00 am and 12.00 midnight.

(d) Food must be available for consumption on the premises as follows:

At all times when the premises are authorised to be open for the sale of liquor, food of a range and style similar to that shown on any menu submitted or a range of snack foods in the nature of pies, sandwiches, filled rolls, pizzas and the like, must be conveniently available for all patrons and the availability of those foodstuffs must be notified to them by appropriate notices throughout the premises.

(e) The whole of the premises (other than the gaming area) is designated as a restricted area.

(f) The licensee must ensure that signs are prominently displayed within the licensed premises detailing information regarding alternative forms of transport from the premises.

(g) The licensee must implement and maintain the steps proposed in the application for the licence aimed at promoting the responsible consumption of liquor.

(h) The licensee must ensure that the provisions of the Act relating to the sale and supply of liquor to prohibited persons are observed and must display appropriate signs adjacent to every point of sale detailing the statutory restriction on the supply of liquor to minors and the complete prohibition on sales to intoxicated persons.

THE LICENSED PREMISES

In terms of Reg. 7 of the Sale of Liquor Regulations 1990 the sale or supply or consumption of liquor is authorised in the whole of the premises. The premises situated at 57-61 Tirau Street, Putaruru are more precisely identified in a plan date stamped as received by the Liquor Licensing Authority on 6 May 2003.

DATED at WELLINGTON this 30th day of May 2003

B M Holmes
Deputy Secretary

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