Ocean View [2003] NZLLA 486 (21 July 2003)

Last Updated: 22 July 2010

Decision No. 486/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GARY WILLIAM ROBB for an on-licence pursuant to s.9 of the Act in respect of premises situated at State Highway 1, Oaro, Kaikoura District, known as "Ocean View Restaurant"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Gary William Robb for an on-licence in respect of premises situated at State Highway 1, Oaro, Kaikoura District, known as "Ocean View Restaurant".

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

The Police have opposed the application on the basis of the applicant’s three convictions for driving with excess blood or breath alcohol content. The two most recent of these offences occurred in October and December of 2000 respectively. The applicant has stated that he was going through a marriage break up during that period.

The Police have very properly brought these concerns to our attention. However, given that the emphasis is on food, and the applicant has the support of the District Licensing Agency Inspector, we are prepared to give Mr Robb the benefit of the doubt. It will be noted that pursuant to s.11(3) of the Act the Police are required to report “matters in opposition”. Such reports do not have the status of objections requiring the convening of a public hearing. Accordingly, we have determined to grant the application on the papers. We take the view that pursuant to s.115 of the Act, the responsibility for complying with the Act and the conditions of the licence falls on the manager. Provided there is a certificated manager on duty (other than Mr Robb) at all times when liquor is being sold, we believe that an on-licence may be granted.

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.

A licence is granted for one year in the first instance. This is a probationary period, which will allow the Police and District Licensing Agency Inspector to monitor the applicant’s ability to properly carry out his responsibilities as a licensee.

The licence will not issue until we have received confirmation from the District Licensing Agency that a certificated manager has been duly appointed. 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 the carpark 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) Liquor may be sold only on the following days and during the following hours:

On such days and during such hours as the premises are being operated as a Restaurant but not other than on the following days and hours:

Monday to Sunday 10.00 am to 1.00 am the following day

(c) Food must be available for consumption on the premises at all times when the premises are open for the sale of liquor in accordance with the menu submitted with the application for a licence, or variations of that menu of a similar range and standard

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

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

(f) 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 premises generally. The premises situated at State Highway 1, Oaro, Kaikoura District, are more precisely identified in a plan date stamped as received by the Liquor Licensing Authority on 26 May 2003.

DATED at WELLINGTON this 21st day of July 2003

_______________________
B M Holmes
Deputy Secretary

Ocean View.doc(nl)