Lipstix [2003] NZLLA 43 (12 February 2003)

Last Updated: 9 July 2010

Decision No. 43/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CAPITAL INCORPORATED LIMITED for an on-licence pursuant to s.7 of the Act in respect of premises situated at Unit D, 605 Great South Road, Papatoetoe, Manukau City, known as "Lipstix"

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 massage parlour. The premises are licensed under the Massage Parlours Act 1978 .

Public notification of the application attracted two letters of objection, one of which is from persons resident some 6 kilometres from the applicant’s place of business, and we are not persuaded that they are able to demonstrate any greater interest than the public generally as required by s.10(1) of the Act.

The remaining objection has been lodged on behalf of the Papatoetoe Residents and Ratepayers Association Incorporated. The objection contends that the public notices do not specify the hours that liquor is to be sold, and recommends that the closing hour be restricted to 1.00 am.

The advertisement seeks authority to sell and supply liquor for consumption on the premises “at any time on any day when massage facilities are being provided on the premises”, and is worded in the manner most commonly employed in instances where a business has the potential to trade twenty four hours a day.

Additionally, a report from the Police opposes the application, and states that licensed premises are required to close at 1.00 am in Papatoetoe. (Our secretariat advises us that the Authority’s Register of Licensed Premises identifies nine on-licensed businesses in Papatoetoe with authorised trading hours for liquor sales until 3.00 am).

We are bound to say to the objector that we are satisfied that the public notification accurately reflects the licensed hours sought. We would further point out that a licence issued pursuant to s.12 of the Massage Parlours Act 1978 does not limit the hours during which the business may operate. The nature of the service provided by massage parlours is based upon a demand that is not necessarily bound by conventional trading hours. Other businesses of a like nature have similarly authorised hours for liquor sales.

The Inspector for the Manukau District Licensing Agency supports the application. His report reveals that the objection, and Police opposition are based upon a policy of the Papatoetoe Community Board. There is no indication that the views of the community board are necessarily reflective of those of the Manukau City Council.

We have pointed out in earlier decisions that where a Local Authority adopts a liquor policy after due community consultation and a ratification process, we will not be slow to consider recommendations contained therein. On the other hand, we have a duty to a prospective business operator not to allow our discretion to be fettered where we are satisfied that the applicant is suitable and, the object of the Act, at s.4, is not in jeopardy.

The Police report raises matters in opposition to the hours but does not challenge suitability.

Michael Gerard Hall, sole director and shareholder of Capital Incorporated Limited operates similar licensed premises, under identical conditions, in Auckland City, and in Wellington. We find the applicant suitable to hold the licence sought. 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.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 12th day of February 2003

____________________
B M Holmes
Deputy Secretary

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