Thai Orewa [2011] NZLLA 676 (12 July 2011)

Last Updated: 29 August 2011

[2011] NZLLA 676

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PK THAI CUISINE LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 332 Hibiscus Coast Highway, Orewa, known as "Thai Orewa"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

This is an application by PK Thai Cuisine Limited for renewal of an on-licence in respect of premises situated at 332 Hibiscus Coast Highway, known as "Thai Orewa". The business trades as a restaurant with hours authorised for the sale of liquor between 7.00 am and 1.00 am the following day. No changes are sought to the conditions of the licence.

Advertising did not attract any public objection and the Police, Medical Officer of Health and District Licensing Agency Inspector did not oppose renewal. However, the application, which had been placed in the hands of a licensing consultant, was not filed with the Agency until the day after expiry of the licence.

Subsequent correspondence from the courier organisation charged with delivering the application reveals that the order for pick-up and delivery of the application documents on 16 February 2011 was not carried through in a timely fashion. On that basis the Agency accepted that the application had been prepared for lodgement prior to expiry of the licence, albeit that it had not been filed at least 20 working days prior to the date of expiry as prescribed by s.18(2)(b) of the Act.

As a consequence the Agency Secretary and the Licensing Inspector made several requests to the consultant to seek an application for waiver in respect of the late filing of the application. Those requests were ignored and the Agency elected not to renew the on-licence but instead referred the application to our Secretary on 18 April 2011 for determination by the Authority.

The consultant filed a request for waiver with our Secretary on 24 May 2011. We have agreed to grant a waiver, pursuant to s.111 of the Act and we now deal with the matter on the papers. In doing so we point out that failure to file an application for renewal within the time constraints prescribed by the Act may place the continued integrity of any licence in jeopardy.

We are satisfied as to the matters to which we must have regard as set out in s.22 of the Act. We renew the licence on the existing terms and conditions until 17 February 2014, that being three years from the first anniversary of the licence, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 12th day of July 2011

B M Holmes
Secretary

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