Tui HQ [2011] NZLLA 695 (15 July 2011)

Last Updated: 29 August 2011

[2011] NZLLA PH 695

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DB BREWERIES LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at the corner of State Highway 2 and Mara Street, Mangatainoka, known as “Tui HQ”

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at PALMERSTON NORTH on 7 July 2011

APPEARANCES

Mr S Taylor – agent for applicant
Mr C Locke – Tararua District Licensing Agency Inspector – to assist
Mr D J Wolland – objector

DECISION OF THE AUTHORITY

[1] This decision relates to an application for the renewal of an on-licence. The sole witness for the applicant, Mr Rogers, described the nature of the operation conducted at the licensed premises.

[2] He indicated that the applicant sought a variation to its licence (which was advertised) seeking the following hours:

Sunday to Thursdays 10.00 am to 12.00 midnight

Fridays 10.00 am to 1.00 am the following day

Saturdays 10.00 am to 1.00 am the following day

[3] The purpose for the increased hours is to enable the function activities to be undertaken without the need to obtain special licences. In principle, nobody objected to that proposal and the Authority has no problem with it.

[4] In addition “tastings” are held at the licensed premises. At these patrons (either on a tour or from off the street) are able to purchase for $15, three tastings of beer each in a 330 millilitre glass. In addition they are given a souvenir glass. This means that patrons can come off the street into the tastings area and for $15 drink just under a litre of beer. There is nothing to stop patrons paying another $15 and having another tasting involving the drinking of a further (almost) litre of beer.

[5] It seemed to the Authority that some of the activities, described by Mr Rogers, indicate that the applicant needs a tavern style on-licence.

[6] In these circumstances the applicant sought an adjournment so that it can reconsider its position. The Authority grants the applicant an adjournment for three months in order that the applicant can consider the nature of the licence required for the type of business carried on at the licensed premises and, if necessary, for it to apply and advertise accordingly.

[7] The applicant is to file with the Authority within 30 days of the date of this decision a memorandum advising its intentions. A copy of the memorandum is to be served on Mr Wolland and the Inspector.

[8] One objector apparently withdrew her objection upon the understanding that the hours sought would not exceed midnight. If this is correct, then she should also be served with a copy of the memorandum. In addition, the Inspector needs to liaise with her to ensure that her interests are protected.

DATED at WELLINGTON this 15TH day of July 2011 2011

B M Holmes
Secretary

Tui HQ.doc(aw)