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New Zealand Liquor Licensing Authority |
Last Updated: 22 July 2010
Decision No. 495/2003
IN THE MATTER of the Sale of Liquor Act 1989
AND
IN THE MATTER of an application by REKENE LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 202 Great South Road, Manurewa, Manukau City, known as "Woody’s 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 Rekene Limited for an on-licence in respect of premises situated at 202 Great South Road, Manurewa, Manukau City, known as "Woody’s Sports Bar".
The general nature of the business to be undertaken is that of a tavern. The application results from a change of licensee. The premises are currently operating under a temporary authority.
Public notification of the application attracted an objection from the Manurewa Community Board. This objection is based on the hours of operation and states that the Board’s policy would support the hours of 9.00 am to 1.00 am the following day. The applicant seeks a closing hour of 3.00 am. The Board’s representative has indicated that the Board does not wish to present evidence at a public hearing. Accordingly, we deal with the matter on the papers under s.106(2)(c) of the Act.
The Inspector for the Manukau District Licensing Agency supports the application. His report reveals that the Board’s policy is based on the Manukau City Council’s Liquor Strategy.
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 the 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 Manukau City Council Strategy identifies the generally accepted trading hours for on-licensed premises according to location. In the area in which these premises are located, the Strategy applies a maximum closing time of 1.00 am unless it can be shown that there are specific justifiable reasons for an extension to this limit. The reasons specified in the Strategy are:
The Agency Inspector believes that these grounds have been established.
The Strategy also states that extensions to the stated hours of operation will only be considered on renewal or as variations so that the District Licensing Agency can be sure that responsible management is occurring. This approach is consistent with our own preference to give the licensee an opportunity to prove his or her worth before granting longer hours. However, the applicant has been operating pursuant to temporary authority for ten months, giving the Agency Inspector ample opportunity to assess the applicant’s performance. In these circumstances, we are prepared to approve the hours sought.
It is noted that although the gaming area is sited in the bar, it has been partitioned off. In accordance with previous decisions of the Authority, it will be necessary for the gaming machine area to be part of the bar if it is to receive a designation. The licence will issue when we have received confirmation from the Agency Inspector that the gaming machine area is part of the bar.
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 applicant's attention is drawn to s.25 of the Act obliging the holder of an on-licence to display:-
The entrance from Great South Road 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:
Monday to Sunday 9.00 am to 3.00 am the following day; EXCEPT THAT
On the Thursday before Good Friday; and on Easter Saturday; and on Christmas Eve; and on the day before Anzac Day liquor may only be sold between 9.00 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 ground floor bar area is designated as a restricted area;
The first floor of the premises is designated as a supervised 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 Regulation 7 of the Sale of Liquor Regulations 1990 the sale, supply or consumption of liquor is authorised in the premises generally. The premises situated at 202 Great South Road, Manurewa, Manukau City, are more precisely identified in a plan date stamped as received by the Liquor Licensing Authority on 16 June 2003.
DATED at WELLINGTON this 22nd day of July 2003
_______________________
B M Holmes
Deputy Secretary
Woody’s.doc(nl)
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URL: http://www.nzlii.org/nz/cases/NZLLA/2003/495.html