Ganesh [2010] NZLLA 386 (20 April 2010)

Last Updated: 23 April 2010

Decision No.386/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHREE GANESH (BILLBOARD) LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 6 Ussher Place, Pakuranga, Manukau City, known as "Gossamer Liquor"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Shree Ganesh (Billboard) Limited for renewal of an off-licence in respect of premises situated at 6 Ussher Place, Pakuranga, Manukau City, known as "Gossamer Liquor".

The business trades as a bottle store with hours authorised for the sale of liquor as follows:

Sunday to Thursday 9.00 am to 9.00 pm
Friday and Saturday 9.00 am to 10.00 pm.

No changes are sought to the conditions of the licence.

The Police and District Licensing Agency Inspector do not oppose the application.

Advertising attracted seven letters of objection, three of which contended that the hours are excessive, and seeking to have them reduced, although to what degree is not specified. Other matters raised in the objections do not relate to any of the criteria specified in s.45 of the Act.

The Inspector’s report reveals that the premises have attracted no adverse comment in relation to the way the business has been operated. The Inspector is satisfied that the licensee has at all times conducted the business under the licence in strict compliance with the requirements of the Act, and he recommends renewal of the off-licence on the existing terms and conditions.

Our Secretary wrote to the objectors on 10 March 2010 inviting them to indicate whether or not they wished to appear at a public hearing in support of their opposition. There has been no response to that invitation.
The hours currently authorised are within the Manukau City Council’s strategy on liquor licensing, and we note that they are somewhat less than the maximums commonly authorised for businesses of a like nature.

Given the lack of response from the objectors we have no way of knowing whether or not they still have concerns in relation to the application, and in the absence of any evidence to show that the licensee has not operated the business in an appropriate manner, we see no reason to refuse renewal. Accordingly, we will deal with the application 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. We renew the licence on the existing terms and conditions until 28 November 2012, that being three years from the first anniversary of the licence, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 20TH day of April 2010

_____________________
B M Holmes
Deputy Secretary

Gossamer Liquor.doc(ab)