Mojo [2010] NZLLA 634 (8 June 2010)

Last Updated: 10 June 2010

[2010] NZLLA 634

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MOJO WELLINGTON ZOO LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 200 Daniell Street, Newtown, Wellington, known as "Mojo Wellington Zoo"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

This is an application by Mojo Wellington Zoo Limited for an on-licence in respect of premises situated at 200 Daniell Street, Newtown, Wellington, known as “Mojo Wellington Zoo”.

The general nature of the business to be undertaken is that of a restaurant. Hours are sought to sell liquor between 8.00 am and 12.00 midnight daily. The business has traded for a number of years and this application results from a change of licensee. The applicant is currently trading under temporary authority.

The Police, Medical Officer of Health and District Licensing Agency Inspector do not oppose the application.

Advertising attracted an objection from Mr Bernard O'Shaughnessy. The objection purports, albeit obliquely, to challenge the suitability of the intending licensee, but generally deplores the proliferation of liquor licences within the greater Wellington region. The objector contends that the District Licensing Agency does nothing to promote the object of the Act.

The “Mojo” brand is well recognised in the district, with a number of licensed outlets having been established under that name. None of those premises have come to the notice of the reporting authorities. During the term that the applicant has traded under temporary authority there have been no suggestions of non-compliance with the provisions of the Act or the conditions of the licence.

We are satisfied that Mr O’Shaughnessy has a greater interest in the application than the public generally in terms of s.10(1) of the Act by dint of his proximity to the premises, as he lives only 350 metres from “Mojo Wellington Zoo”. Section 10(3) states that objections can only be made in relation to the criteria set out in s.13(1). Mr O’Shaughnessy’s objection did purport to address the suitability of the applicant. However, none of the detailed information he provided in support of this claim relates to any matters which can be considered under the Act.

In the circumstances we are not persuaded that the applicant is unsuitable. Accordingly we 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.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 8th day of June 2010

__________________
B M Holmes
Deputy Secretary

Mojo Wellington Zoo.doc(ab)