Edinburgh Castle [2011] NZLLA 679 (12 July 2011)

Last Updated: 29 August 2011

[2011] NZLLA 679

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by EDINBURGH LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 215 Symonds Street, Auckland, known as "Edinburgh Castle"

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

This is an application by Edinburgh Limited for renewal of an on-licence in respect of premises situated at 215 Symonds Street, Auckland, known as "Edinburgh Castle". The business trades as a tavern with hours authorised for the sale of liquor at any time on any day. No changes are sought to the conditions of the licence.

Advertising did not attract any public objection but the Police opposed renewal because on two occasions within a period of four months, unaccompanied persons under the age of 18 years were located in the premises. These incidents resulted in two separate orders for suspension of the on-licence being imposed by the Authority. We note that both offences occurred during the initial 12 month ‘probationary’ period following the issue of the licence.

The Police have subsequently recommended that the licence only be renewed for a period of 18 months. The licensee has accepted this recommendation and opposition is withdrawn. 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.22 of the Act. We renew the licence on the existing terms and conditions until 16 April 2012, that being 18 months from the first anniversary of the licence, and we authorise the issue of a notice of renewal.

DATED at WELLINGTON this 12th day ofJuly 2011

B M Holmes
Secretary

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