Northcott, re [2008] NZLLA 1320 (9 September 2008)

New Zealand Liquor Licensing Authority

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Northcott, re [2008] NZLLA 1320 (9 September 2008)

Last Updated: 7 February 2010

Decision No. PH 1320/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TANYA MAUREEN NORTHCOTT pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at Gorge Road Business Centre, Gorge Road, Queenstown, known as “Renaissance”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at QUEENSTOWN on 25 August 2008

APPEARANCES

No appearance by or on behalf of applicant
Ms T J Surrey – for Queenstown-Lakes District Licensing Agency Inspector – in opposition
Sergeant K P Newell – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This off-licence was originally issued on 22 December 2004. It allowed for sales of New Zealand-origin liquor between 8.00 am and 6.00 pm seven days a week.

[2] The premises operates primarily as a florist, gift basket and hamper business. It is assumed that the licence was granted because liquor was regarded as an appropriate compliment to the kind of goods being sold from the site.

[3] The renewal application has effectively been overtaken by time. As was pointed out by the Inspector, the licence fell due for renewal in December 2005. If the renewal were to be granted, then a further renewal application would be required in some four months’ time.

[4] The reason for the delay is that there were a number of unresolved issues. The Agency gave the applicant ample time to make the necessary decisions to enable the application to proceed. This generosity was partly due to the fact that liquor played an extremely small part in the overall business.

[5] One of the outstanding issues was that there were no certificated managers on duty. A letter was written on 9 May last referring to this problem and requiring either for the applicant (Ms Northcott), or a staff member, to obtain a General Manager’s Certificate. There has been no response to that letter.

[6] A second issue related to the fact that there has been a minor change of address. Effectively a redefinition application with a relevant site plan was required and requested. No response has been received. Accordingly the application was sent to the Authority and set down for a public hearing. There has been no appearance made by the applicant. There was an indication that she intended to withdraw her application, but this has not materialised.

[7] Pursuant to the Act there are a number of criteria to which we must take account on any renewal of an off-licence. However, if an applicant fails to appear, and there has been no communication with the Agency, it is reasonably clear that the applicant is no longer interested in pursuing the application. In those circumstances we take the view that the applicant has been unable to achieve the criteria set out in s.59 of the Act. There are still outstanding issues in relation to the appointment of managers, and the change of address. Accordingly, the application is now refused.

DATED at WELLINGTON this 9th day of September 2008

B M Holmes
Deputy Secretary