Betty's [2003] NZLLA 405 (11 June 2003)

Last Updated: 22 July 2010

Decision No. 405/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GRASSHOPPER TRUST LIMITED for an off-licence pursuant to s.29 of the Act in respect of premises situated at

45 Beach Street, Queenstown, known as "Betty’s Liquor"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

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

Public notification of the application attracted an objection from a resident in the locality of the applicant’s premises. The objector lives in relatively close proximity to the proposed business, and contends that there are already sufficient licensed premises in the area.

There is no longer a needs test in respect of licensed premises, as there was in the 1962 liquor legislation. The Sale of Liquor Act 1989 has adopted a “free market” approach.

Furthermore, the suitability of location of licensed premises is not a matter to which we are required to give consideration.

Any application for an off-licence must be accompanied by a certificate from the Local Authority, issued pursuant to s.31(1)(e) of the Sale of Liquor Act, that the proposed use of the premises meets the requirements of the Resource Management Act 1991. Such a certificate accompanies the papers on file.

The grounds for objection do not, therefore, relate to any of the matters to which we must have regard in s.35(1) of the Act as required by s.32(3). Accordingly, we will 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. 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.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 readily 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 11th day of June 2003

_________________
B M Holmes
Deputy Secretary

Bettys Liquor.doc(nl)