Garden House Cafe [2011] NZLLA 596 (27 June 2011)

Last Updated: 3 August 2011

[2011] NZLLA 596

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HURUNUI DISTRICT COUNCIL for an on-licence pursuant to s.9 of the Act in respect of premises situated at 1 Jacks Pass Road, Hanmer Springs, known as "Garden House Cafe"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Hurunui District Council for an on-licence in respect of premises situated at 1 Jacks Pass Road, Hanmer Springs, known as “Garden House Cafe”. The general nature of the business to be undertaken is that of a restaurant. Hours are sought to sell liquor between 9.00 am and 11.00 pm. The Police, Medical Officer of Health and the District Licensing Agency Inspector do not oppose the application.

Public notification of the application attracted an objection from the previous licensee of the business. The objector questions whether there may be a conflict of interest between the applicant, as owner of the premises, and its function as the District Licensing Agency for the locality.

The objector has not addressed any of the criteria 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.

The applicant has engaged the services of professional certificated managers to operate the business and the hours of trade and the host responsibility strategy provided with the application comply with the Hurunui District Council’s policy for the sale of liquor.

Having considered the application we believe that the objection is based upon grounds outside the scope of the Act in terms of s.106(2)(b) and we propose to 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. A copy of the licence setting out the conditions to which it is subject is attached to this decision.

The licence may issue immediately.

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 27th day of June 2011

B M Holmes
Secretary

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