Liquorland [2010] NZLLA 1153 (18 October 2010)

Last Updated: 5 November 2010

[2010] NZLLA 1153

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by THE SILVEREYE TARANAKI LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 594 Devon Street East, New Plymouth, known as "Liquorland"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by The Silvereye Taranaki Limited for an off-licence in respect of premises situated at 594 Devon Street East, New Plymouth, known as “Liquorland”.

The principal purpose of the business is the sale of liquor and hours are sought to trade as follows:

Monday to Thursday 8.30 am to 9.00 pm
Friday and Saturday 8.30 am to 10.00 pm
Sunday 10.00 am to 6.00 pm.

Advertising attracted 13 letters of objection. Section 35(1) of the Act 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 letters of objection do not address the criteria referred to in s.35(1) of the Act, and nine of them are identically worded. The objectors raise concerns in relation to perceived inappropriate location of the proposed licensed premises, proximity to a sports facility and disquiet at the continuing proliferation of licensed premises in the locality.

One of the objections originates from an applicant for an off-licence for a similar business in another part of New Plymouth, and yet another has been filed with the Agency after the final date for lodgement prescribed by the s.32(1) of the Act.

The application is accompanied by a certificate issued by the New Plymouth District Council in terms of s.31(1)(e) of the Act confirming that the proposed use of the premises meets the requirements of the Resource Management Act 1991. In the face of such a certificate the Authority has no jurisdiction to find that the intended location of the business is unsuitable. The building is undergoing fitout and will be subject to a final inspection to ensure compliance with the requirements of the Building Code.

The Police and Agency Inspector do not oppose the application and having considered the matter we believe that the objections are based upon grounds outside the scope of the Act in 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 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.

A copy of the licence setting out the conditions to which it will be subject is attached to this decision. 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 18TH day of October 2010

___________________
B M Holmes
Secretary Liquorland (Devon Street).doc(ab)