Farmhouse Cafe [2011] NZLLA 20 (13 January 2011)

Last Updated: 28 January 2011

[2011] NZLLA 0020

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RW GROUP LIMITED for an on-licence pursuant to s.9 of the Act endorsed pursuant to s.28 of the Act (BYO) in respect of premises situated at 6 Hillary Square, Orewa, known as "Farmhouse Cafe"

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

This is an application by R W Group Limited for an on-licence to operate a BYO restaurant in respect of premises situated at 6 Hillary Square, Orewa, known as "Farmhouse Cafe". Section 28 of the Act makes special provision for endorsement of an on-licence so as to identify the premises as having a BYO licence. The applicant seeks to allow the consumption of liquor by diners in the premises between 4.00 pm and 9.00 pm daily.

The Police, Medical Officer of Health and the District Licensing Agency Inspector do not oppose the application.

Advertising attracted two letters of objection by and on behalf of the licensee of another business in the locality.

Neither objection relates to any of the criteria specified in s.13(1) of the Act which provides:

13. Criteria for on-licences

(1) In considering any application for an on-licence, the Licensing Authority must have regard to the following matters:

• (a) The suitability of the applicant:
• (b) The days on which and the hours during which the applicant proposes to sell liquor:
• (c) The areas of the premises, if any, that the applicant proposes should be designated as restricted or supervised areas:
• (d) The steps proposed by the applicant to ensure that the requirements of the Act in relation to the sale of liquor to prohibited persons are observed:
• (e) The applicant’s proposals relating to –
  • (i) The sale and supply of non-alcoholic refreshments and food; and
  • (ii) The sale and supply of low-alcohol beverages; and
  • (iii) The provision of assistance with or information about alternative forms of transport from the licensed premises:
• (f) Whether the applicant is engaged, or proposes to engage, in –
  • (i) The sale or supply of any other goods besides liquor and food; or
  • (ii) The provision of any services other than those directly related to the sale or supply of liquor and food, ---

and, if so, the nature of those goods or services;
(g) Any matters dealt with in any report made under section 11 of this Act.

In an application of this nature the on-licence only permits the consumption of liquor brought to the premises by persons dining in the restaurant, or the provision by the licensee of hot beverages of which liquor is a component.

Furthermore, s.13(2) of the Act precludes our taking into account the prejudicial effect that the grant of a licence may have on any business conducted under any other licence. Accordingly we deal with the application on the papers.

We are satisfied as to the matters to which we must have regard and we grant the applicant an on-licence endorsed in terms of s.28. A copy of the licence setting out the conditions to which it will be subject is attached to this decision.

The licence may issue immediately.

The applicant's attention is drawn to s.25 of the Act obliging the holder of an on-licence to display 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.

DATED at WELLINGTON this13th day of January 2011

_______________
B M Holmes
Secretary

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