Blackbull Liquor [2010] NZLLA 1037 (20 September 2010)

Last Updated: 8 October 2010

[2010] NZLLA 1037

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BLACKBULL LIQUOR THAMES LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 202 Sealy Street, Thames, known as "Blackbull Liquor"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Blackbull Liquor Thames Limited for an off-licence in respect of premises situated at 202 Sealy Street, Thames, known as “Blackbull Liquor”.

The principal purpose of the business is the sale of liquor and hours are sought to trade between 9.00 am and 10.30 pm daily. It is proposed that the whole of the premises will be designated as a supervised area.

The Police do not oppose the application although they have recommended that the closing time be amended to 10.00 pm. The applicant has acceded to that request. The District Licensing Agency Inspector does not oppose the application.

Advertising attracted two notices of objection. One of these, from the Thames Community Board, wrongly identified the hours sought. The other contends that the applicant has previously failed the test in a controlled purchase operation for premises in Morrinsville. Those premises are operated by a different licensee.

The remaining concerns raised do not relate to any of the criteria specified in s.35(1) of the Act, but contend that there are already sufficient licensed outlets in the locality.

Having considered the application we believe that the objections are 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.

In doing so, we point out that any licence which issues is only valid for 12 months. This is regarded as a probationary period to give a new licensee an opportunity to demonstrate an ability and willingness to operate the business in a fitting manner. At the end of that initial year an application for renewal must be lodged, and advertised, giving scope for further public input if the conduct of the licensee has given cause for concern.

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

Blackbull Liquor.doc(ab)