Wakefield Hotel [2011] NZLLA 261 (1 April 2011)

Last Updated: 21 April 2011

[2011] NZLLA 261-262

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by IAN STEWART BENNETT and JULIE BENNETT, (trading in partnership), pursuant to ss.18 and 41 of the Act for renewal of on and off-licences in respect of premises situated at 48 Edward Street, Wakefield, known as "Wakefield Hotel"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

These are applications by the partnership of Ian Stewart Bennett and Julie Bennett for renewal of on and off-licences in respect of premises situated at 48 Edward Street, Wakefield, known as "Wakefield Hotel". The business trades as a hotel with hours authorised for the sale of liquor as follows:

At any time on any day to any person for the time being living on the premises;and

Monday to Sunday 7.00 am to 2.00 the following day to any other person present on the premises. (7.00 am to 11.00 pm for off-sales from the bottle store).

No changes are sought to the conditions of the licences.

The Police do not oppose the applications. The Medical Officer of Health has recommended a shortened term of renewal on the basis of perceived management deficiencies in relation to excessive noise emanations from the licensed premises. These have led to a significant number of excessive noise directions to the applicant.

Advertising attracted two objections from neighbouring residents, with those same noise difficulties being the basis for their opposition to renewal. These objections, together with the matters raised by the Medical Officer of Health prompted the Agency Inspector to oppose renewal and recommend that the applications be referred to the Authority for determination at a public hearing.

Prior to those proceedings being allocated a fixture our Secretary received advice that the business was to be sold. In the due fullness of time a sale and purchase agreement was completed and the premises have now changed hands and new on and off-licences have been issued.

The Inspector has further advised our Secretary that the previous operators have moved to Australia, leaving no instructions that they sought to withdraw the applications for renewal. Nevertheless, it is clear that these applications have been overtaken by events and, in the circumstances, they are now refused.

DATED at WELLINGTON this 1st day of April 2011

B M Holmes
Secretary

Wakefield Hotel.doc(ab)