Easyshop [2010] NZLLA 1074 (1 October 2010)

Last Updated: 15 October 2010

[2010] NZLLA 1074

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by EASYSHOP SUPERMARKETS WHAKATANE LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 114-122 King Street, Whakatane, known as "Easyshop"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

This is an application by Easyshop Supermarkets Whakatane Limited for an off-licence in respect of premises situated at 114-122 King Street, Whakatane, known as "Easyshop".

The principal business will be that of a supermarket in terms of s.36(1)(d)(i) of the Act and the applicant seeks hours to sell liquor between 7.00 am and 10.00 pm daily.

Public notification of the application attracted two letters of objection expressing concerns in relation to the number of off-licensed premises currently situated in the locality, and contending that no further licences are necessary or desirable.

We draw the objectors’ attention to 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.

One objector contends that the proposed hours are excessive. We point out that they are within those approved in the Whakatane District Council’s alcohol policy and are less than those authorised for other licensed premises of a like nature in Whakatane.

The Police and District Licensing Agency Inspector do not oppose the application and other matters raised in the objections do not address any of the criteria identified in s.35(1) of the Act. In the circumstances we will deal with the application 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 terms of s.29 subject to the restrictions imposed by subs.(3) of s.37. A copy of the licence setting out the conditions to which it will be subject is attached to this decision.

In doing so, we point out that any licence which issues is 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 will not issue until all relevant clearances have been obtained. The applicant is not entitled to sell liquor until the licence issues. Unlicensed sales can result in imprisonment for up to three months or a fine of $40,000 (ss.114(2), 151 and 152 of the Act refer).

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 1st day of October 2010

_____________________
M Langworthy
Deputy Secretary

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