Northwest Liquor [2010] NZLLA 1285 (9 November 2010)

Last Updated: 19 November 2010

[2010] NZLLA 1285

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NORWEST INVESTMENTS LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 63 Main Road, Kumeu, known as "Norwest Liquor"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

This is an application by Norwest Investments Limited for an off-licence in respect of premises situated at 63 Main Road, Kumeu, known as “Norwest Liquor”.

The principal purpose of the business is the sale of liquor and hours are sought to trade between 9.00 am and 11.00 pm daily. It is proposed that the premises will be designated as a supervised area.

The applicant operates similar licensed premises at 2/65 Main Road, Kumeu and this application is intended to relocate the business. Once the new licence has issued the previous off-licence will be surrendered to the Authority’s Secretary.

Public notification of the application attracted eight letters of objection, two of which were filed with the District Licensing Agency after the final date for lodgement prescribed by s.32(1) of the Act.

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 objectors contend that the location of the proposed premises is inappropriate, they deplore the increase in licensed premises, the hours are considered excessive and it is alleged that the applicant is known as a ‘soft touch’ for the sale of alcohol to young persons.

We would point out that there will be no increase in liquor outlets, the business is being removed to more commodious premises; location of licensed premises is a matter for determination by the local authority under the Resource Management Act 1991; the hours are identical to those currently authorised for the applicant’s existing business; and the claim that the licensee undertakes liquor sales to young persons is not substantiated by any probative evidence. We further note that if such evidence is available the Agencies are able to make an application for suspension or cancellation of the licence.

None of the objectors resides in close proximity to the proposed licensed premises and we are not persuaded that they are able to demonstrate a greater interest in the application than the public generally in terms of s.32(1) of the Act.

The Police and District Licensing Agency Inspector do not oppose the application. In the circumstances we propose to 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. 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 9th day of November 2010

___________________
B M Holmes
Secretary

Norwest Liquor.doc(ab)