El Centro Cantina [2010] NZLLA 820 (28 July 2010)

Last Updated: 30 July 2010

[2010] NZLLA 820

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by EL CENTRO CANTINA LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 93 Tamaki Drive, Mission Bay, Auckland, known as "El Centro Cantina"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by El Centro Cantina Ltd for an on-licence in respect of premises situated at 93 Tamaki Drive, Mission Bay, Auckland, known as “El Centro Cantina”.

The general nature of the business to be undertaken is that of a restaurant, with hours authorised for the sale of liquor between 7.00 am and 1.00 am the following day, Monday to Sunday.

The application has attracted opposition from a District Licensing Agency Inspector and Auckland Police. The information they have provided us is that the director and sole shareholder of the applicant, Graeme Edwards, is facing criminal charges and has left the country. We understand the landlord has resumed possession of the premises for failure to pay rent and another company now operates a restaurant from the premises. Our Secretary has been unable to contact the applicant to notify them of the need for a public hearing of this matter.

In these circumstances we feel it is impossible for the applicant to satisfy us as to the matters which we must have regard to as set out in s.13 of the Act, should he even appear at any hearing which we convened. On that basis, we have considered the matter on the papers and decline the application for an on-licence.

In the unlikely event that the applicant does in fact wish to continue with this application, it is of course open to it to apply for a rehearing of this matter in accordance with s.110(3) of the Act.

DATED at WELLINGTON this 28th day of July 2010

__________________
B M Holmes
Secretary El Centro Cantina.doc (OS)