Hot Spot Liquor [2010] NZLLA 1036 (20 September 2010)

Last Updated: 8 October 2010

[2010] NZLLA 1036

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HOT SPOT LIQUOR LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 93 Oceanbeach Road, Mount Maunganui, known as "Hot Spot Liquor"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

This is an application by Hot Spot Liquor Limited for an off-licence in respect of premises situated at 93 Oceanbeach Road, Mount Maunganui, known as “Hot Spot Liquor”.

The principal purpose of the business is the sale of liquor and hours are sought to trade between 10.30 am and 1.00 pm daily.

The Police and District Licensing Agency Inspector do not oppose the application. There are no outstanding compliance issues in respect of the premises, which have previously been licensed in a similar manner, although no licence is currently in force.

Public notification of the application attracted three letters of objection two of which were filed with the District Licensing Agency after the final date for lodgement prescribed by s.32(2) of the Act. The remaining objection does not relate to any of the matters specified in s.35(1) of the Act, which provides:

35 Criteria for off-licences

(1) In considering any application for an off-licence, the Licensing Authority must have regard to the following matters:

• (a) The suitability of the applicant:
• (b) The days on which and the hours during which the applicant proposes to sell liquor:
• (c) The areas of the premises, if any, that the applicant proposes should be designated as restricted areas or supervised areas:
• (d) The steps proposed to be taken by the applicant to ensure that the requirements of this Act in relation to the sale of liquor to prohibited persons are observed:
• (e) Whether the applicant is engaged, or proposes to engage, in –
  • (i) The sale or supply of any goods besides liquor; or
  • (ii) The provision of any services other than those directly related to the sale or supply of liquor, --

and, if so, the nature of those goods or services:

(f) Any matters dealt with in any report made under section 33 of this Act.

The objector raises concerns in relation to the proliferation of licensed premises already in the locality and sees no requirement for an additional outlet of this nature.

Having considered the application the Authority believes that the objection is based upon grounds outside the scope of the Act in terms of s.106(2)(b). Accordingly, we deal with the matter on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.35 of the Act, and we grant the applicant an off-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 ss.48 and 115(3) of the Act obliging the holder of an off-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; and
   
3. A sign prominently displayed inside the premises, which identifies by name the manager for the time being on duty.
   

DATED at WELLINGTON this 20TH day of September 2010

___________________
B M Holmes
Secretary

Hot Spot Liquor.doc(ab)