Star Metro Holdings Limited, re [2009] NZLLA 1357 (4 December 2009)

New Zealand Liquor Licensing Authority

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Star Metro Holdings Limited, re [2009] NZLLA 1357 (4 December 2009)

Last Updated: 14 January 2010

Decision No. PH 1357/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by STAR METRO HOLDINGS LIMITED pursuant to s.31 of the Act for an off-licence in respect of premises situated at 4 Fort Street, Auckland, known as “Star Mart Fort Street”

AND

IN THE MATTER of an application by STAR METRO HOLDINGS LIMITED pursuant to s.31 of the Act for an off-licence in respect of premsies situated on the Ground Floor, Hewlett Packard Building, 137 Quay Street, known as “Star Mart Quay Street”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

HEARING at AUCKLAND on 22 October 2009

APPEARANCES

Mr D S McGill – for the applicant
Miss A L Marsh – Auckland District Licensing Agency Inspector – in opposition
Mr G S Whittle – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is a memorandum in respect of two applications for off-licences by Star Metro Holdings Limited (hereafter called “the company”). The applications relate to premises in Fort Street and Quay Street.
[2] The Authority has heard evidence from four witnesses, being Ms J M Mason the operations manager for the company, Mr L A Davidson who is a procurement consultant to the company, Mr G S Whittle on behalf of the Police, and Miss A L Marsh who is an Auckland District Licensing Agency Inspector. We have also heard extensive submissions from the parties.
[3] The background to the applications is that the company took over these two premises in August 2008. Since that time the company has been involved in the process of a complete re-branding of the two businesses. The external areas have been changed but there is still ongoing work with the internal areas. Other product lines continue to be added from time to time. The two businesses continue to trade under temporary authorities issued under the umbrella of the grocery-style base licences.
[4] The brand name is now known as "Fix". The intention is for the two businesses to be known as “Fix Fort Street” and “Fix Quay Street”. The underlying mission statement is to import overseas metro grocery store ideas into New Zealand, and try to distance the two stores from the crowded convenience store market.
[5] The business has gone some way towards achieving its target. However, the figures that were presented did not necessarily show that the sale of main order household foodstuffs was the principal business of the two stores.
[6] Without making a ruling on the issue, it has been accepted that the two applications may be adjourned for a period of six months. The purpose of the adjournment is to enable the company to continue with its re-branding processes as well as re-marketing the product lines and services that are available.
[7] The intention is to obtain updated figures following that period of time and to present those to the District Licensing Agency Inspector and the Police as well as this Authority. Following the presentations of up to date figures, there will be discussions among the parties. If required there will be another public hearing at which further submissions can be made and further evidence may be adduced.
[8] The applications are adjourned accordingly.

DATED at WELLINGTON this 4TH day of December 2009

B M Holmes
Deputy Secretary

Star Mart Fort Street.doc(aw)