Imperial Minimart [2011] NZLLA 1291 (11 November 2011)

Last Updated: 9 December 2011

[2011] NZLLA PH 1291

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PYRAMID ENTERPRISES LIMITED pursuant to s.31 of the Act for an off-licence in respect of premises situated at 69-89 Shortland Street, Auckland, known as “Imperial Minimart”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 9 November 2011

APPEARANCES

Mr T N Murray – agent for applicant
Miss M J McLeod – Auckland District Licensing Agency Inspector – to assist

Objectors
Mr R M McKeown
Mr D A Hofer

DECISION OF THE AUTHORITY

[1] This decision relates to an application by Pyramid Enterprises Limited for an off-licence in respect of premises situated at Auckland known as “Imperial Minimart”. At the hearing it transpired that the applicant had failed to comply with r.8(2)(j) of the Sale of Liquor Regulations 1990 in that as the application related to a grocery store no evidence and certified accounts showing the percentage of turnover that is derived from the sale of main order household foodstuffs had been filed.

[2] The agent for the applicant elected to call no evidence in support of the application. In those circumstances the applicant was unable to satisfy its obligation to prove its case.

[3] In the circumstances the application is refused.

DATED at WELLINGTON this 11TH day of November 2011

B M Holmes
Secretary

Imperial Minimart.doc