Gulf [2010] NZLLA 726 (13 July 2010)

Last Updated: 16 July 2010

[2010] NZLLA 726

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GULF HARBOUR INVESTORS ASSOCIATION LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 164 Harbour Village Drive, Hobbs Bay, Whangaparaoa known as "Gulf Harbour Lodge"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Gulf Harbour Investors Association Limited for renewal of an on-licence in respect of premises situated at 164 Harbour Village Drive, Hobbs Bay, Whangaparaoa, known as "Gulf Harbour Lodge".

Public notification of the application attracted a number of objections from local residents. These objections revolved almost entirely around the fact that the applicant has objected to another local liquor licence application. While clearly this objection is causing strife in the community, the scope we may consider in this matter is prescribed by statute. It is:

22 Criteria for renewal

In considering any application for renewal of an on-licence, the Licensing Authority shall have regard to the following matters:

(a) The suitability of the licensee:
(b) The conditions attaching to the licence:
(c) The manner in which the licensee has conducted the sale and supply of liquor pursuant to the licence:
(d) Any matters dealt with in any report made under section 20 of this Act.

The applicant’s own objection to other licences in the area clearly falls outside the scope of s.22, therefore cannot be considered.

The only ground for objection coming within s.22 relates to possible noise disturbances. An unsubstantiated speculative objection is not sufficient to convince us that there is presently a problem affecting the suitability of the applicant or that the licence has been conducted unsatisfactorily.

Accordingly the application is dealt with on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.22 of the Act. We renew the licence on the existing terms and conditions until 20 May 2013, 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 13th day of July 2010

_____________________
B M Holmes
Secretary

Gulf Harbour Lodge.doc (OS)