Invercargill Licensing Trust, re [2007] NZLLA 903 (17 September 2007)

New Zealand Liquor Licensing Authority

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Invercargill Licensing Trust, re [2007] NZLLA 903 (17 September 2007)

Last Updated: 13 February 2010

Decision No.PH 903/2007
PH 904/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by INVERCARGILL LICENSING TRUST pursuant to ss.18 and 41 of the Act for renewal of on and off-licences in respect of premises situated at 58 Balmoral Drive, Invercargill known as "Appleby Tavern"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at INVERCARGILL on 4 September 2007

APPEARANCES

Mr C W Ward – for applicant
Ms D M McDonald – Invercargill District Licensing Agency Inspector – in opposition
Sergeant A J Harris – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are applications by the Invercargill Licensing Trust (hereafter called the Trust) pursuant to ss.18 and 41 of the Act for the renewal of on and off-licences issued to the Trust in respect of premises situated in Invercargill, and known as the "Appleby Tavern".

[2] The business trades as a tavern with hours authorised for the sale of liquor at any time on any day. In other words the licences are what are known as the 24/7 style licences.

[3] At the time of that last renewal of the licences there were indications that the Invercargill City Council's liquor policy was under review and likely to be in place by the time that the 2006 renewals fell due. This policy was not finalised by the time of the renewals. However, pro forma objections were filed in anticipation that the policy was about to be issued.

[4] The policy guidelines relate (inter alia) to taverns in residential areas and we understand that the "Appleby Tavern" falls into this category. The suggested trading hours are as follows:

• [a] For on-licence the recommended hours are:
  

Sunday to Thursday 9.00 am to 11.00 pm

Friday and Saturday 9.00 am to 1.00 am the following day

[b] And off-licences:

Monday to Sunday 9.00 am to 11.00 pm

[5] Mr C Ward represents the Invercargill Licensing Trust. There have been extensive discussions between all the parties with the result that they have achieved a form of resolution. It is now accepted and agreed that for the next renewal period the trading hours will be:

Sunday to Thursday 9.00 am to 11.00 pm (as per the policy)

[6] However on Christmas Eve, and on the Thursday before Good Friday, and the day before Anzac Day the closing time will be extended to 12.00 midnight. Furthermore on New Year's Eve the closing time will be extended to 1.00 am the following day.

[7] The new trading hours for the off-licence will be 9.00 am to 11.00 pm in accordance with the policy.

[8] We thank the parties for reaching what appears to be a common sense resolution of these two matters. We believe that local knowledge of conditions is of great assistance in determining licensing outcomes. Taking into account the criteria set out in ss.22 and 45 of the Act, we confirm that the licences will be renewed for three years with the amended hours as set out above.

DATED at WELLINGTON this 17th day of September 2007

B M Holmes
Deputy Secretary

Appleby Tavern.doc