Alpine [2010] NZLLA 642 (9 June 2010)

Last Updated: 10 June 2010

[2010] NZLLA 642

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HANMER SPRINGS VILLAGE INN LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 10 Jacks Pass Road, Hanmer Springs, known as "Alpine Village Inn"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

This is an application by Hanmer Springs Village Inn Ltd for an on-licence in respect of premises situated at 10 Jacks Pass Road, Hanmer Springs, known as “Alpine Village Inn”.

The general nature of the business to be undertaken is that of a tavern. The application results from a change of licensee. The premises are currently operating under a temporary authority issued by the Hurunui District Licensing Agency.

Public notification of the application attracted an objection from a local business owner as to the hours requested. However, as the applicant seeks the same conditions as the previous licence issued for these premises, s.10(4) of the Act applies. It provides:

10 Objections

(4) In any case where –

• (a) The application relates to any premises or conveyance in respect of which an on-licence is presently in force; and
• (b) The applicant seeks the same conditions as those presently applying to that licence, --

an objection may be made only in relation to the suitability of the applicant.

Accordingly the objection does not constitute a valid objection within the terms of the Act, so we deal with the matter on the papers.

In doing so, we point out that any licence which issues is only valid for 12 months. This is regarded as a probationary period to give a new licensee an opportunity to demonstrate an ability and willingness to operate the business in a fitting manner. At the end of that initial year an application for renewal must be lodged, and advertised, giving scope for further public input if the conduct of the licensee has given cause for concern.

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 9th day of June 2010

__________________
B M Holmes
Deputy Secretary

Alpine Village Inn.doc (OS)