Mount Mellick [2011] NZLLA 1423 (2 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1423

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PRESTIGE CABARETS LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 317 Maunganui Road, Mount Maunganui, known as "Mount Mellick"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Prestige Cabarets Limited for renewal of an on-licence in respect of premises situated at 317 Maunganui Road, Mount Maunganui, known as "Mount Mellick". The business trades as a tavern with hours authorised for the sale of liquor from Monday to Sunday between 7.00 am and 1.00 am the following day provided that no liquor may be sold or consumed in the rear courtyard after 9.00 pm on any night.

The applicant now seeks to extend the hours for the rear courtyard to provide for 1.00 am closure on the day after New Year’s Eve and St Patrick’s Day (17 March) annually.

Advertising attracted no public objection. The District Licensing Agency Inspector recommended that the extension of hours requested only be authorised for New Year’s Eve. The Police initially opposed the variation in toto, but have subsequently indicated their acceptance of the Inspector’s recommendation. It is considered more appropriate that any additional hours for St Patrick’s Day be considered by way of a s.74 application to the District Licensing Agency for a special licence.

The applicant has signalled its acceptance of the recommendation that only the hours for New Year’s Eve be increased. Accordingly 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.22 of the Act. We renew the licence until 21 October 2014, 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. The variation is agreed to as per the previous paragraph.

DATED at WELLINGTON this 2nd day of December 2011

M Langworthy
Deputy Secretary Mount Mellick.doc(ab)