Star Tavern [2010] NZLLA 785 (26 July 2010)

Last Updated: 27 July 2010

[2010] NZLLA 785-786

IN THE MATTER of the Sale of liquor Act 1989

AND

IN THE MATTER of applications by STAR TAVERN HOLDINGS LIMITED pursuant to ss.18 and 41 of the Act for renewal of on and off-licences in respect of premises situated at 58 Lyon Street, Kihikihi, known as "Star Tavern"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us applications by Star Tavern Holdings Limited for renewal of on and off-licences in respect of premises situated at 58 Lyon Street, Kihikihi, known as “Star Tavern”.

The District Licensing Agency Inspector opposed the applications on the basis of perceived overall unsatisfactory management of the business. He had separately filed applications pursuant to s.132 of the Act for suspension of the on and off-licences. All of the matters were referred to the Authority for determination at a public hearing that was scheduled to take place on 6 July 2010.

Prior to those proceedings the Inspector sought leave to withdraw the suspension applications. Opposition to renewal of the on and off-licences was also withdrawn by consent with the proviso that the closing hour for off-licensed sales be reduced to 11.00 pm. The licensee has accepted that recommendation.

Accordingly we are now able to be satisfied as to the matters to which we must have regard as set out in s.22 and 45 of the Act. We renew the on-licence on the existing terms and conditions, and the off-licence on conditions that reflect the amendment to trading hours, until 3 July 2012, that being three years from the first anniversary of the licences, and we authorise the issue of a replacement off-licence and notices of renewal.

DATED at WELLINGTON this 26th day of July 2010

______________________
B M Holmes
Secretary Star Tavern.doc(ab)