Kararamea Hotel [2011] NZLLA 327 (11 April 2011)

Last Updated: 3 May 2011

[2011] NZLLA 327

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LEANNE JOY NORTHCOTT and JOHNNY RAYMOND HILL, trading in partnership, for an on-licence pursuant to s.9 of the Act in respect of premises situated at 2209 Main South Road, Kakaramea, known as "Kakaramea Hotel"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Mr P M McHaffie

DECISION

This is an application by the partnership of Leanne Joy Northcott and Johnny Raymond Hill for an on-licence in respect of premises situated at 2209 Main South Road, Kakaramea, known as "Kakaramea Hotel".

The general nature of the business to be undertaken is that of a tavern. The hours sought to sell liquor were advertised as being between 7.00 am and 2.00 am daily.

The premises have previously been licensed as a hotel but have not traded for several years. The applicant does not intend to market the accommodation element of the premises. Only the bar and associated amenities will be licensed.

The Police, Medical Officer of Health and the District Licensing Agency Inspector do not oppose the application. The premises are undergoing refurbishment and a final inspection will need to be carried out by the Inspector prior to the commencement of trade.

Public notification of the application attracted an objection from a neighbouring resident who contended that the proposed trading hours are excessive. He suggested that an opening time of 11.00 am would be acceptable to him. The applicant has acceded to that suggestion, and has further reduced the trading hours to provide for closure at 12.00 midnight. This concession more than meets the concerns of the objector. 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.13 of the Act and we grant the applicant an on-licence authorising the sale and supply of liquor, for consumption on the premises, to any person who is present on the premises. A copy of the licence setting out the conditions to which it will be subject is attached to this decision.

The licence will not issue until a final report from the Inspector confirms that all remedial works have been completed. The applicant is not entitled to sell liquor until the licence issues. Unlicensed sales can result in imprisonment for up to three months or a fine of $40,000 (ss.114(2), 151 and 152 of the Act refer).

The applicant's attention is drawn to ss.25 and 115(3) of the Act obliging the holder of an on-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 11TH day of April 2011

B M Holmes
Secretary

Kakaramea Hotel.doc(ab)