Ohope Beach Resort [2010] NZLLA 1329 (15 November 2010)

Last Updated: 10 December 2010

[2010] NZLLA PH 1329

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by OHOPE BEACH RESORT APARTMENTS LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 307-309 Harbour Road, Ohope, known as “Ohope Beach Resort”

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at WHAKATANE on 5 November 2010

APPEARANCES

No appearance by or on behalf of applicant
Mr P Major – Whakatane District Licensing Agency Inspector – in opposition
Mr S Barton – Objector

DECISION OF THE AUTHORITY

[1] This is an application for renewal of an on-licence by Ohope Beach Resort Apartments Limited pursuant to s.18 of the Act. The licence was first issued on 22 June 2009. Accordingly this is the first renewal of the licence.

[2] The licence described the premises as a “conference facility bar cafe” and authorises the sale of liquor between 7.00 am and 12.00 midnight to apartment occupiers, residents, proprietors and their guests. The licence is unusual in that the general public are excluded.

[3] Objections to the application were received from two of the apartment owners citing the suitability of the applicant and the hours of operation as being of concern.

[4] The Inspector, Mr P Major, also opposed the application for renewal. In his report dated 15 September 2010, he questioned the necessity for the complex to have a licence. It was noted in his report that the management rights to the apartment complex have recently been sold and that a new manager is now on site. The applicant company remains in the control of its director Mr Grant Bowater but that company now has nothing to do with the running of the complex itself, although the company still owns some of the vacant units which remain unsold.

[5] The new manager does not want the liquor licence for the site renewed. The Body Corporate chairperson, Mr Barton, who is also one of the objectors, questioned whether the licence should have been issued in the first place, as the Body Corporate had not given approval.

[6] The Inspector stated in his report that the proposed café/conference facility had not been used in the past 12 months and that no liquor has been sold to owners, occupiers or guests over that time. The Inspector also noted that he had not been able to conduct a site visit in November 2009 as he was not able to gain entry.

[7] The matter was set down for a public hearing. There was however, no appearance on behalf of the applicant. We are therefore unable to be satisfied as to the criteria set out in s.22 of the Act. In accordance with our usual practice where there is no appearance by an applicant, the application is refused.

DATED at WELLINGTON this 15TH day of November 2010

B M Holmes
Secretary

Ohope Beach Resort.doc(aw)