General Distributors Ltd [2010] NZLLA 775 (20 July 2010)

Last Updated: 27 July 2010

[2010] NZLLA 775

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GENERAL DISTRIBUTORS LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 277-305 Broadway, Newmarket, Auckland, known as "Foodtown Newmarket"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by for renewal of an off-licence in respect of premises situated at 277-305 Broadway, Newmarket, Auckland, known as "Foodtown Newmarket". The business trades as a supermarket with hours authorised for liquor sales between 7.00 am and 12.00 midnight daily. No changes are sought to the conditions of the licence.

Advertising attracted no objection but the Police opposed renewal on the existing terms and conditions contended that the hours are excessive. It is considered that in the Auckland licensing district off-licences should not trade beyond 10.00 pm.

The applicant has amended the application and the hours have been reduced to provide for 10.30 pm closure, the normal trading pattern for these premises. We believe this to be a reasonable compromise and we 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 until 26 November 2012, that being the anniversary date of the licence and three years from the most recent date of expiry, and we authorise the issue of a replacement licence and a notice of renewal.

DATED at WELLINGTON this 20th day of July 2010

______________________
B M Holmes
Secretary

Foodtown Newmarket.doc(ab)