Boutique Wines [2010] NZLLA 310 (6 April 2010)

Last Updated: 16 April 2010

Decision No.310/2010-313/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications for renewal of off-licences pursuant to s.41 of the Act made by BOUTIQUE GRAFTON WINES LIMITED in respect of premises situated at 33-39 Park Road, Grafton, Auckland, known as "Boutique Grafton Wines"; and JORDAN RIVER LIMITED in respect of premises situated at 152 Hobson Street, Auckland, known as “Liquor Space”; and JORDAN RIVER LIMITED in respect of premises situated at 21-23 Whitaker Place, Grafton, Auckland, known as "Liquor Stream"; and RUM LIMITED in respect of premises situated at 85 Wakefield Street, Auckland, known as “Symonds Liquor "

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

These applications, filed with the Auckland District Licensing Agency, all seek renewal of the respective licences with no changes to the existing terms and conditions. The Agency Inspector does not oppose renewal and reports indicate that each of the premises has traded in strict compliance with the requirements of the Act.

The Police filed reports in opposition requesting that the trading hours be reduced to provide for a blanket closing time of 10.00 pm for all off-licensed premises. This opposition is based upon a recent decision Emkay Trading Company Limited NZLLA PH 837/2009. That decision was reached after a lengthy public hearing in which compelling evidence was provided by a significant number of public objectors

In these applications advertising did not attract any notices of public objection.

In the absence of any evidence of breaches of the provisions of the Act or of the conditions of the licences we are not persuaded that the Police have established grounds to have the hours reduced. Consequently, we are not prepared to tamper with them. Matters raised in opposition in reports filed under s.43 of the Act do not have the status of objections lodged pursuant to s.42 and it is not, therefore, incumbent upon the Authority to convene a public hearing to determine the matters.
Accordingly we propose to deal with the applications on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.45 of the Act and we renew each of the licences on the existing terms and conditions for a period of three years. We authorise the issue of notices of renewal.

DATED at WELLINGTON this 6th day of April 2010

_____________________
B M Holmes
Deputy Secretary

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