Baristas Limited, re [2009] NZLLA 407 (20 April 2009)

New Zealand Liquor Licensing Authority

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Baristas Limited, re [2009] NZLLA 407 (20 April 2009)

Last Updated: 6 April 2010

Decision No. PH 407/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BARISTAS LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 272 Ponsonby Road, Ponsonby, Auckland, known as “Landreth and Collie Baristas”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

Appearances:

Ms J Dahlin – agent for applicant
Mr A Phillips – Auckland District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Baristas Limited (hereafter called “the company”) for the renewal of its on-licence. The company trades as a restaurant under the name of “Landreth and Collie Baristas”. According to the papers, the premises have been operated as a restaurant/café for the past 18 years under different ownership.

[2] The on-licence was initially granted to the company in July 2004, and fell due for renewal on 23 July 2008. No changes to the conditions of the licence were sought at the time. The current trading hours are 7.00 am to 1.00 am daily both inside and outside the premises. The conditions of the licence permit trading only when the premises are being operated as a restaurant.

[3] The application did not attract any opposition from the Police, the Medical Officer of Health or the District Licensing Agency Inspector.

[4] Public notification attracted five letters of opposition from residents in Tole Street. Two letters related to the one property. Their primary concerns related to the escape of noise from the rear courtyard of the premises. On the other hand it was noted that there had been no formal noise complaints to the Council since 2006.

[5] The company’s licensing consultants worked tirelessly to have the issues resolved without the necessity of a public hearing. Liaison with the residents was achieved with assistance from one of the objectors. In an effort to mitigate the neighbours’ concerns the company offered to reduce the trading hours for the rear courtyard as well as the footpath. They also undertook to prevent access to the rear courtyard at 10.00 pm.

[6] The offer was accepted by all objectors and letters from four objectors were received withdrawing their opposition to the renewal, with the final letter being received on the day of the hearing. The fifth objector advised that he would not be appearing at the hearing and wished the company every success.

[7] Pursuant to s.22 of the Act we are required to have regard to the following matters when considering an application for the renewal of an on-licence:

(a) The suitability of the licensee;

(b) The conditions attaching to the licence;

(c) The manner in which the licensee has conducted the sale and supply of liquor pursuant to the licence; and

(d) Any matters dealt with in any report made under s.20 of this Act.

[8] In relation to noise issues the Authority made it clear in Paihia Saltwater (2001) Limited LLA PH 391/2001 that the escape of noise can be an example of bad management which can impact on the hours of opening. We are confident that this licensee will continue in its endeavours to be a good neighbour.

[9] In relation to the undertaking given on the company’s behalf it needs to be clear that in the event of a breach, the District Licensing Agency Inspector or a member of the Police may be obliged to bring an enforcement application before us.

[10] Accordingly, we order that the on-licence issued to Baristas Limited is renewed for three years to 23 July 2011. The trading hours will be as follows:

Interior of the premises Monday to Sunday 7.00 am to 1.00 am the following day

Rear courtyard Monday to Sunday 7.00 am to 10.30 pm

Footpath seating Monday to Sunday 7.00am to 11.00 pm

DATED at WELLINGTON this day of 20th April 2009

B M Holmes
Deputy Secretary

Baristas.doc(aw)