Hashigo Zake Limited, re [2010] NZLLA 51 (4 February 2010)

Last Updated: 13 March 2010

Decision No.51/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HASHIGO ZAKE LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at Basement Level, 25 Taranaki Street, Te Aro, Wellington, known as "Hashigo Zake"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

This is an application by Hashigo Zake Limited for an off-licence in respect of premises situated at Basement Level, 25 Taranaki Street, Te Aro, Wellington, known as “Hashigo Zake”.

The principal purpose of the business is the sale of liquor, and the applicant seeks to trade between 12.00 noon and 11.00 pm daily.

The applicant already holds an on-licence (tavern) for the premises, which authorises the sale of liquor for consumption on the premises between 7.00 am and 3.00 am daily.

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

Advertising attracted an objection from Mr Bernard O’Shaughnessy, a resident of Newtown, Wellington. He is domiciled several kilometres from the applicant’s premises.

Section 32(1) of the Sale of liquor Act 1989 states that any person ‘who has a greater interest in the application than the public generally may object to the grant of an off-licence.’ There is nothing in the objection from Mr O’Shaughnessy indicating that he has any interest in the application greater than the public generally. Accordingly he has no status to object and his objection cannot be considered.

Accordingly we propose to deal with the matter on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.35 of the Act, and we grant the applicant an off-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.48 and 115(3) of the Act obliging the holder of an off-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 4th day of February 2010

___________________
B M Holmes
Deputy Secretary

Hashigo Zake.doc(ab)