Kiwi Liquor Manchester Place [2011] NZLLA 380 (5 May 2011)

Last Updated: 2 June 2011

[2011] NZLLA 380

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KULLU TRADING LIMITED for an off-licence pursuant to s.31 of the Act in respect of premises situated at 6 Manchester Place, Hamilton, known as "Kiwi Liquor Manchester Place"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Kullu Trading Limited for an off-licence in respect of premises situated at 6 Manchester Place, Hamilton, known as “Kiwi Liquor Manchester Place”.

The principal purpose of the business is the sale of liquor and hours are sought to trade between 10.00 am and 11.00 pm daily. The applicant intends that the premises will be designated supervised in their entirety.

The Police and District Licensing Agency Inspector do not oppose the application.

Advertising attracted two letters of objection, one of which is filed by the operator of a supermarket in respect of which an off-licence is in force. The other contends that there are already sufficient off-licences in the locality. It is further submitted, in both objections, that the proposed trading hours are excessive, although the first objector enjoys trading hours greater than those sought by the applicant. In any event the applicant has amended the hours of trade and now seeks to sell liquor between 11.00 am and 9.30 pm daily.

We would point out that proliferation of liquor licences is not a criterion to which the Authority is required to have regard in s.35(1) of the Act. Furthermore, s.35(2) of the Act precludes the Authority taking into account the prejudicial effect that the grant of a licence may have on any business conducted under any other licence.

In all the circumstances, given the reduction in trading hours proposed by the applicant, we are not persuaded that the objectors have established any greater interest in the application than the public generally as prescribed by s.32(1) of the Act. Accordingly we will 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.35 of the Act and we grant the applicant an off-licence pursuant to s.29. 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 all relevant clearances have been obtained. 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.48 and 115(3) of the Act obliging the holder of an off-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 5TH day of May 2011

B M Holmes
Secretary

Kiwi Liquor Manchester Place.doc(ab)