Wah [2010] NZLLA 374 (20 April 2010)

Last Updated: 23 April 2010

Decision No.374/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WAH-LEE LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 214 Hobson Street, Auckland, known as "Wah Lee"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

FINAL DECISION

In decision NZLLA PH 1356/2009, following a public hearing at Auckland on 22 October 2009, we adjourned an application by Wah-Lee Limited for renewal of an off-licence. The business had been licensed since 2005 in the nature of a bottle store, with hours authorised for liquor sales between 8.30 am and 9.00 pm daily. The applicant did not seek to alter the conditions of the licence.

The Police and District Licensing Agency Inspector opposed the application because they were not satisfied that the business was appropriately licensed. It was contended that the sale of liquor was minimal, and that the business could not be described as a bottle store. It was contended that the operation may be more akin to a grocery store as described in s.36(1)(d)(ii) of the Act.

From the evidence adduced at the hearing we inclined to the view that the sale of liquor might be classed as an appropriate complement to the other goods sold in the premises in terms of s.36(2)(b) of the Act. We adjourned the application to give the licensee an opportunity to demonstrate that the sale of food items in the premises would not be such as to preclude the renewal of the off-licence because it fell foul of the constraints of s.36(4) of the Act. In other words that it was not premises other than a supermarket or grocery store, but in which the principal business was the sale of food or groceries.

New statistics have been provided to the District Licensing Agency and the Police who they have advised our Secretary that they do not oppose the issue of a ‘complementary’ off-licence. A catalogue of the types of liquor that it is intended will be sold in the premises provides the Authority with an opportunity to impose a condition in the licence in terms of s.37(6) of the Act. That is to say the various types of liquor may be identified in the conditions of the off-licence.

The list is extensive, although it is anticipated that only small amounts of any of the liquors identified are likely to be sold. Accordingly, we propose to instruct our Secretary to attach to the licence a schedule of the liquor products available.

We are satisfied as to the matters to which we must have regard as set out in s.45 of the Act. We renew the licence until 27 June 2012, that being the anniversary date of the licence and three years from the most recent date of expiry, and we authorise the issue of a replacement licence and a notice of renewal.

DATED at WELLINGTON this 20TH day of April 2010

______________________
B M Holmes
Deputy Secretary

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