Morgans Road Four Square Supermarket [2011] NZLLA 12 (13 January 2011)

Last Updated: 28 January 2011

[2011] NZLLA 0012

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PRISM INVESTMENTS LIMITED pursuant to s.41 of the Act for renewal of an off-licence in respect of premises situated at 55 Morgans Road, Timaru, known as "Morgans Road Four Square Supermarket"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

This is an application by Prism Investments Limited for renewal of an off-licence in respect of premises situated at 55 Morgans Road, Timaru, known as "Morgans Road Four Square Supermarket". The business trades as a grocery store and has hours authorised to sell liquor between 6.00 am and 11.00 pm daily. The applicant has operated the business since 2003.

Advertising did not attract any public objection and the Police do not oppose the application.

The District Licensing Agency Inspector has some misgivings in light of recent decisions in relation to off-licences for grocery stores in terms of s.36(1)(d)(ii) of the Act and recommended that the application be referred to the Authority for determination.

Revenue statistics have been provided in terms of regulation 8(2)(j) of the Sale of Liquor Regulations 1990, together with interior photographs of the premises that satisfy us that the business meets the test in s.36 of the Act.

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 25 July 2013, 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 notice of renewal.

DATED at WELLINGTON this13th day of January 2011

_____________________
B M Holmes
Secretary

Morgans Road 4 Square.doc(ab)