Infinity Private Ltd [2010] NZLLA 765 (14 July 2010)

Last Updated: 16 July 2010

[2010] NZLLA 765

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by INFINITY PRIVATE LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 57-59 Bay Road, Kilbirnie, Wellington, known as "Edi’s Liquor Store"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

This is an application by Infinity Private Limited for an off-licence in respect of premises situated at 57-59 Bay Road, Kilbirnie, Wellington, known as “Edi’s Liquor Store”.

The principal purpose of the business is the sale of liquor and hours are sought to trade between 8.00 am and 11.00 pm daily.

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

Public notification of the application attracted two letters of objection, one from Mr Glenn Hunter who is domiciled in Queens Drive, Lyall Bay and another on behalf of the local Islamic Association which opposes ‘renewal’ of the off-licence.

We point out that this is a new application in respect of an existing business and the applicant is currently trading under a temporary authority issued in terms of the licence held by the previous operator. Section 32(4) of the Sale of Liquor Act 1989 provides:

32 Objections

(4) In any case where –

• (a) The application relates to any premises in respect of which an off-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.

While we accept that the concerns of the objectors are genuine we would point out that no challenge has been made to the suitability of the applicant. In the absence of any adverse findings in the reports from the Police and Agency Inspector there is no evidence to suggest that the applicant is unsuitable. Consequently, we are satisfied that the application should be approved. 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.

In doing so, we point out that any licence which issues is 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.

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 14TH day of July 2010

___________________
B M Holmes
Secretary

Edi’s Liquor Store.doc(ab)