Glass House Bar and Cafe [2010] NZLLA 1547 (23 December 2010)

Last Updated: 14 January 2011

[2010] NZLLA 1547

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by THE GLASSHOUSE BAR LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 1 Main Street, Upper Hutt, known as “Glass House Bar & Cafe”

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

This is an application by The Glasshouse Bar Limited for an on-licence in respect of premises situated at 1 Main Street, Upper Hutt, known as “Glass House Bar & Cafe”.
The business will trade as a tavern and the following hours are sought to sell liquor:

Monday to Saturday 7.00 am to 3.00 am the following day
Sunday 7.00 am to 10.00 pm.

Advertising did not attract any public objections and the Medical Officer of Health and the District Licensing Agency Inspector do not oppose the application.

A report from the Police indicated a preference for the trading hours to be curtailed to provide for 1.00 am closure, stating that only one other licensed premises in the locality has hours authorised until 3.00 am. In fact, as the Authority’s register of licensed premises shows, there are five taverns in the Upper Hutt licensing district with trading hours authorised until 3.00 am although they may not necessarily trade to the full extent of that authorisation.

Our Secretary invited the Police to confirm whether they wish to present evidence to persuade the Authority that a reduction in trading hours was something that would necessitate the matter being determined at a public hearing. The Police have commented that they are not confident that they “have enough to continue challenging the hours.”

In the circumstances we propose to deal with the application on the papers.

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.

We also make the point that should the manner of operation of the business at any time bring it to the attention of the enforcement authorities, they have the option of filing an application, pursuant to s.132 of the Act, for variation, suspension or cancellation of the licence.

We are 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 23rd day of December 2010

__________________
B M Holmes
Secretary

Glass House Bar & Cafe.doc(ab)