Grey Lynn RSA [2011] NZLLA 729 (21 July 2011)

Last Updated: 29 August 2011

[2011] NZLLA 729

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GREY LYNN RETURNED SERVICEMENS SOCIAL CLUB INCORPORATED pursuant to s.41of the Act for renewal of an off-licence in respect of premises situated at 1-3 Francis Street, Grey Lynn, Auckland, known as "Grey Lynn Returned Servicemens Social Club"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

This is an application by for renewal of an off-licence in respect of premises situated at 1-3 Francis Street, Grey Lynn, Auckland, known as "Grey Lynn Returned Servicemens Social Club".

The applicant also seeks to increase the hours during which liquor may be sold under the licence. These are currently between 11.00 am and 9.00 pm daily. An increase is sought to provide for a closing hour of 11.00 pm daily.

Advertising did not attract any public objection and the Police do not oppose the application. The District Licensing Agency Inspector opposed the application contending that the applicant must obtain a planning certificate to accommodate the increase in hours. However, a memorandum from the council’s consents department to the applicant’s consultant states that such a certificate is unnecessary. The club licence authorises hours for the sale and consumption on the premises between 9.00 am and 1.00 am daily. The proposed increase to the off-licence hours falls within that time span. 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.45 of the Act. We renew the licence until 3 September 2013, that being the anniversary date of the licence and three years from the most recent date of expiry, and we authorise the issue of a replacement licence and a notice of renewal.

DATED at WELLINGTON this 21st day of July 2011

M Langworthy
Deputy Secretary

Grey Lynn RSA.doc(ab)