Loft [2003] NZLLA 52 (14 February 2003)

Last Updated: 9 July 2010

Decision No. 52/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ASMAX CONTRACTING LIMITED for an on-licence pursuant to s.7 of the Act in respect of premises situated at 125 Bridge Street, Nelson, known as “The Loft Bar”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Asmax Contracting Limited for an on-licence in respect of premises situated at 125 Bridge Street, Nelson, known as “The Loft Bar”. The general nature of the business to be undertaken is that of a tavern.

Public notification of the application did not attract any objections or notices of desire to be heard. The Nelson Police originally opposed the application on the grounds that the applicants were not suitable to hold an on-licence. They have since withdrawn this opposition, as the applicants have made a considerable effort to alleviate Police concerns and have made a written agreement with the Police promising to adhere to certain conditions should an on-licence be issued to them. The conditions agreed to are as follows:

“At all times when the premises are authorised to be open for the sale of liquor, free water must be conveniently available for all patrons and the availability of that water must be notified to them by appropriate notices throughout the premises.

At all times when the premises are open all persons entering the premises appearing under the age of 25 will be required to produce an evidence of age document.”

The Police report requests that these conditions be added to the licence. In the past we have resisted imposing similar specific conditions in an on-licence. However, over the past 18 months we have become aware of a large number of instances where host responsibility has been ignored. We note that s.14(5) of the Act gives the power to the Authority or District Licensing Agency to impose conditions relating to the following matters:

(e) Any other matter aimed at promoting the responsible consumption of liquor.

(f) The steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of liquor to prohibited persons are observed.

It seems to us that the first proposed condition is more likely to promote the responsible consumption of liquor. We are considering making it a standard condition on all on-licences in the future. So far as the second condition is concerned, we will be unlikely to impose it without the consent of an applicant. It seems to us that if an applicant chooses to request identification of persons appearing to be under 25, the applicant will achieve greater co-operation if the condition is part of the on-licence. Finally, we have come to the view that both conditions are likely to promote the object of the Act.

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 read by persons entering through each principal entrance.

DATED at WELLINGTON this 14th day of February 2003

B M Holmes

Deputy Secretary

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