TMDFish Ltd [2010] NZLLA 763 (14 July 2010)

Last Updated: 16 July 2010

[2010] NZLLA 763

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TMDFISH LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 10/6 Savill Drive, Mangere East, Manukau City known as "Super Liquor Mangere East"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Tmdfish Ltd for renewal of an off-licence in respect of premises situated at 10/6 Savill Drive, Mangere East, Manukau City, known as "Super Liquor Mangere East".

The application was opposed by the District Licensing Agency Inspector due to the hours requested. No Police opposition or public objection to the application was received.

A Manukau District Licensing Agency Inspector opposed this application due to the hours the applicant operates, being 9.00 am to 11.00 pm Monday to Saturday and 9.00 am to 10.00 pm Sunday. He submits that hours of 9.00 am to 10.00 pm are more appropriate. The Inspector does not raise any concerns specific to this applicant, but rather cites My Noodle Ltd [2009] NZCA 564 and Alcohol Advisory Council of New Zealand The Impacts of Liquor Outlets in Manukau City (Alcohol Advisory Council of New Zealand, Wellington, 2010) in support of a reduction in the applicant’s trading hours.

We have previously held in Tirath Ashok Desai and Sonali Tirathbhai Desai [2010] NZLLA 689 that:

“My Noodle Limited [supra] is an inappropriate analogy as that case was based on a change in the underlying Council policy which was the result of extensive public consultation.” “[N]o such change in Manukau City Council policy has occurred here – quite the contrary, the Manukau City Council Alcohol Strategy specifically allows for such trading to 11.00 pm.”

These comments apply equally to this case.

On the information contained in the reports of the Police and Inspector, we do not believe there are any grounds to reduce the hours of the applicant. Matters raised in opposition in reports filed under s.43 of the Act do not have the status of objections lodged pursuant to s.42 and it is not incumbent upon the Authority to convene a public hearing. Therefore, we will 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.45 of the Act. We renew the licence on the existing terms and conditions until 12 June 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 14TH day of July 2010

_____________________
B M Holmes
Secretary

Super Liquor Mangere East.doc (OS)