Rose and Thistle [2011] NZLLA 1440 (5 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1440

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TGH ROSE AND THISTLE LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 26 Main North Road, Christchurch, known as "Rose and Thistle"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by TGH Rose and Thistle Limited for renewal of an on-licence in respect of premises situated at 26 Main North Road, Christchurch, known as "Rose and Thistle". The business trades as a tavern with hours authorised for the sale of liquor as follows:

Sunday to Thursday 9.00 am to 12.00 midnight
Friday and Saturday 9.00 am to 1.00 am the following day.

No changes are sought to the conditions of the licence.

Advertising attracted one letter of objection but the grounds for objection were not detailed. The District Licensing Agency Inspector attempted to seek clarification but was unable to make contact with the objector on the telephone number supplied. A letter from the Inspector to the objector evoked no response.

The objector is domiciled more than three kilometres from the applicant’s premises and we are not, therefore, persuaded that he is able to demonstrate any greater interest in the application than the public generally as anticipated by s.19(1) of the Act.

The Police initially opposed renewal because they had concerns in relation to incidents of intoxication on the licensed premises. Following discussion with the applicant the Police are satisfied that there has been an improvement in how the business is being managed.

However, to ensure continued compliance the regulatory authorities have recommended that the licence be renewed for a period of two years. The applicant has agreed to this course of action. 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 on the existing terms and conditions until 28 April 2013, that being two years from the first anniversary of the licence, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 5TH day of December 2011

M Langworthy
Deputy Secretary

Rose & Thistle.doc(ab)