Albar [2011] NZLLA 19 (13 January 2011)

Last Updated: 28 January 2011

[2011] NZLLA 0019

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LEITH PUB COMPANY LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 135 Stuart Street, Dunedin, known as "Albar"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

This is an application by Leith Pub Company Limited for renewal of an on-licence in respect of premises situated at 135 Stuart Street, Dunedin, known as "Albar". The business trades as a tavern with hours currently authorised for the sale of liquor between 11.00 am and 2.00 am daily. The applicant seeks to extend the hours of trade to sell liquor between 7.00 am and 3.00 am daily.

These hours are within the Dunedin City Council’s liquor policy for the city area. The Police, Medical Officer of Health and the District Licensing Agency Inspector have raised no matters in opposition to the application.

Advertising attracted an objection from Dr Robin Craw. The objector does not reside in close proximity to the applicant’s premises. The grounds for objection purport to be that the applicant is unsuitable to continue to hold the licence. The applicant has operated the business since 2006.

Anecdotal information provided in the Inspector’s report reveals that the objector is a former patron of the premises who was served with a trespass notice by the licensee in June 2009 following perceived inappropriate behaviour to staff and patrons. It is alleged that since that time the objector has embarked upon a campaign of harassment both at the licensed premises and close to the licensee’s place of residence. It is stated that the Police have been apprised of the situation.

An additional letter of objection from a Mr Alan Garthwaite was filed with the Agency some time after the final date for lodgement prescribed by s.19(1) of the Act. The grounds for his objection do not relate to any of the criteria specified in s.22 of the Act.

The Agency Inspector recommends that the application be approved.

Having considered the application we believe that the objections are based upon grounds outside the scope of the Act in terms of s.106(2)(b) and 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.22 of the Act. We renew the licence until 5 September 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 replacement licence and a notice of renewal.

DATED at WELLINGTON this 13th day of January 2011

______________________
B M Holmes
Secretary

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