Mt Roskill Liquor Merchants [2011] NZLLA 1431 (5 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1431

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MT ROSKILL LIQUOR MERCHANTS LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 101-103 May Road, Mt Roskill, Auckland, known as "Mt Roskill Liquor Merchants"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Mt Roskill Liquor Merchants Limited for an off-licence in respect of premises situated at 101-103 May Road, Mt Roskill, Auckland, known as “Mt Roskill Liquor Merchants”.

The principal purpose of the business is the sale of liquor and hours are sought to trade between 7.00 am and 11.00 pm daily. The applicant is currently trading pursuant to a temporary authority and seeks hours identical to those enjoyed by the previous licensee. The business has been in existence since 2004.

The Police and District Licensing Agency Inspector opposed the application on the grounds that they were not satisfied that the premises were of a kind in which the principal business is the sale of liquor. A similar application was filed by an associated company for an off-licence in Rotorua and was opposed by the regulatory authorities on the same grounds. By decision [2011] NZLLA PH 1017 dated 5 September 2011 we granted that applicant an off-licence.

The agent for this applicant confirms that the modus operandi in this instance will be identical to that conducted in the Rotorua premises. Our Secretary forwarded a copy of the afore-mentioned decision to the Police and Agency Inspector for their consideration. The Inspector immediately withdrew his opposition. However, despite email correspondence and several telephone conversations the Police have indicated that they are ‘still reviewing the situation’.

Advertising attracted a letter of objection accompanied by signatories to a petition under a letterhead entitled ‘Mt Roskill Against (More) Liquor”. The letter suggests that the hours are inappropriate and that there are already sufficient liquor outlets in the locality. We would point out that this is not an application for an additional liquor store, simply an established business undergoing a change of ownership with no changes to the conditions of the underlying licence.

Section 32(4) of the Sale of Liquor Act 1989 provides:

32 Objections

(4) In any case where –

(a) The application relates to any premises in respect of which an off-licence is presently in force; and
(b) The applicant seeks the same conditions as those presently applying to that licence, --

an objection may be made only in relation to the suitability of the applicant.

Having considered the application we believe that the objection is based upon grounds outside the scope of the Act in terms of s.106(2)(b). In respect of the Police report filed pursuant to s.33 of the Act we point out that such reports do not have the status of a public objection lodged in terms of s.32(1) of the Act. It is not, therefore, incumbent upon the Authority to convene a public hearing in terms if s.106 of the Act to determine the matter. Given the Police failure, despite several requests, to respond in respect of the Rotorua decision, and in light of the Inspector’s withdrawal of his opposition, we propose to deal with the application on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.35 of the Act, and we grant the applicant an off-licence. A copy of the licence setting out the conditions to which it is subject is attached to this decision.

The licence may issue immediately.

The applicant's attention is drawn to ss.48 and 115(3) of the Act obliging the holder of an off-licence to display:-

1. A sign attached to the exterior of the premises, so as to be easily read by persons outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor; and
   
2. A copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons entering through each principal entrance; and
   
3. A sign prominently displayed inside the premises, which identifies by name the manager for the time being on duty.
   

DATED at WELLINGTON this 5TH day of December 2011

M Langworthy
Deputy Secretary

Mt Roskill Liquor Merchants.doc(ab)