Norfolk Lounge Restaurant and Bar [2010] NZLLA 1346 (18 November 2010)

Last Updated: 10 December 2010

[2010] NZLLA 1346

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TRIO NOMINEES LIMITED pursuant to s.9 of the Act for an on-licence in respect of premises situated at 34 Vautier Street, Napier, known as “Norfolk Lounge Restaurant and Bar”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole

Member: Mr P M McHaffie

FINAL DECISION

In decision [2010] NZLLA PH 1112, following a public hearing at Napier on 22 September 2010, we adjourned an application by Trio Nominees Limited for an on-licence.

The adjournment arose out of opposition to the application from the Napier District Licensing Agency Inspector who had filed an application for a declaratory judgment with the High Court in relation to a question as to whether the Napier Returned Services’ Association Incorporated (the RSA), within the confines of whose premises the on-licence is to be located, had breached the provisions of the Incorporated Societies Act 1908.

We indicated that, in the event that the declaratory judgment found in favour of the RSA, and provided that an application to redefine the RSA’s premises was filed to exclude from those premises the area to be established under the on-licence, we would deem opposition to have been withdrawn and the application would be granted.

By judgment of his Honour Young J, dated 1 November 2010, the Court is satisfied that there has been no breach of the Incorporated Societies Act 1980. Furthermore, the Authority has had filed with it the requisite application for redefinition of the club’s premises pursuant to regulation 13(3) of the Sale of Liquor Regulations 1990.

Reports from the Police, Medical Officer of Health and the Agency Inspector offer no opposition to the application. A certificate of compliance with the Resource Management Act 1991 has been issued by the Napier City Council.

Accordingly, we are now satisfied as to the matters to which we must have regard as set out in s.13 of the Act, and we grant the applicant an on-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.25 and 115(3) of the Act obliging the holder of an on-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 November 2010

______________
B M Holmes
Secretary

Norfolk Lounge Restaurant2.doc(ab)